Avon City Zoning Code

CHAPTER 7

Subdivision Regulations

7.1 Establishment Of Control

Application: These Subdivision Regulations and the standards established in this chapter apply to:
1. Subdivision of land,
2. Subdivision replat,
3. Plat vacation,
4. Plat amendment,
5. Combining of lots,
6. Property line adjustments,
7. Planned unit developments, and
8. Development plans.
Compliance: A development may only proceed after being in full compliance with all provisions of these Subdivision Regulations.
Exemptions: The following actions are exempt from these Subdivision Regulations. All exempt subdivisions must still be recorded at the office of the Hendricks County Recorder.
1. Corrections: A modification to lot lines to correct errors in an existing legal description, provided no additional building sites are created.
2. Right-of-Way: A division of land resulting from right-of-way acquisition for a federal, state, or local project.
3. Transfers: A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional building sites are created by the division.
4. Utility Easement: Transfer of land to a utility service provider or transfer through a recorded plat for buried utility lines.

7.2 Subdivision Process

Application Processes: An application and process for creating new buildable lots, combining 2 or more lots into fewer buildable lots, modifying a recorded plat, or adjusting lot lines. Divisions of land recorded at the office of the Hendricks County Recorder without being approved by these Subdivision Regulations cannot result in buildable lots. See 7.3 Major Subdivision of Land: Primary Plat, 7.5 Minor Subdivision of Land: Primary Plat, or 7.7 Subdivision of Land: Administrative for applicability and applicable procedures.
Exemptions: Condominiums regulated by IC 32-25 are exempt from this subdivision process and lot establishment standards outlined in these Subdivision Regulations but are not exempt from other applicable design standards.
Fees: The applicable fee from the Town's fee schedule must be paid at the time the application is filed. The application will not be considered substantially complete without the application fees.

7.3 Major Subdivision Of Land; Primary Plat

Purpose and Intent: A Major Subdivision Primary Plat provides the Plan Commission with the opportunity to review the details of a major subdivision of land to determine compliance with the provisions of this Ordinance and the Town of Avon Construction Standards.
Project Applicability: The major subdivision of land may occur in all zoning districts except the AG district. A Major Subdivision Primary Plat is prepared in conjunction with any proposal to subdivide property within the jurisdictional area of the Plan Commission.
Prerequisites:
1. Eligible Applicants: An application for a Major Subdivision Primary Plat is initiated by the owner of the land involved in the development or the owner's authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner must accompany the application.
2. Pre-application Conference: Before applying for a Major Subdivision Primary Plat, the applicant meets with the Technical Advisory Committee by contacting the Administrator who will arrange the meeting. At least one week prior to the meeting, the applicant provides sketch information in .pdf electronic file format to the Administrator for distribution to the Technical Advisory Committee. The sketch should contain: the geographic boundaries and acreage of the land to be subdivided, location of entrances, number of new lots, concept for stormwater management, and building product description. The Technical Advisory Committee may review the applicable zoning district regulations, determine the subdivision type, offer initial comments, provide resources, direct the applicant to relevant regulatory documents, and give procedural guidance.
3. Commitments: If any preceding approval (e.g., rezoning, annexation, variance, etc.) for the subject property included commitments relative to the proposed subdivision, those commitments must be recorded in the office of the Hendricks County Recorder prior to applying for a Major Subdivision Primary Plat.
Filing Requirements:
1. Application: An application for a Major Subdivision Primary Plat is made on forms provided by the Administrator, and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany a primary plat application. The Administrator or Plan Commission may request other information necessary to make a thorough review of the project.
  1. The names and mailing addresses of interested parties obtained from the Hendricks County Auditor's office.
  2. A site plan drawn at a scale of 1"=50' or 1"=100' unless otherwise approved by the Administrator prior to submission. The site plan must include:
    1. Proposed name of the subdivision including the words "Primary Plat."
    2. Name and address of the applicant.
    3. Name and address of the engineer preparing the plans.
    4. Date of latest submission or revision.
    5. North arrow and graphic scale.
    6. Proposed address for each lot.
    7. Area map showing the general location of the site referenced to major streets.
    8. Legal description of the site.
    9. Legal survey of the site including dimensions.
    10. Proposed names, center lines, and right-of-way widths of all streets and alleys.
    11. Location and dimensions of easements including a label indicating their function.
    12. Lot layout, lot number (progressively numbered within each phase if intending to build-out in phases), lot dimension, lot area, and applicable building setback lines applied to each lot.
    13. Location and dimensions of any existing structures.
    14. Location of all floodway, floodway fringe, and wetlands within or adjacent to the boundaries of the site.
    15. Existing and proposed contours based in U.S.G.S. datum with intervals of not more than 5 feet where the slope is greater than 10% and not more than 2 feet where the slope is less than 10%. Elevations are based on sea level datum.
    16. Areas reserved for park, recreation, conservation, wetland, common area, pond, lake, trails, entryway feature, or other similar uses.
    17. Stamp of registered professional engineer for all design documents and stamp of licensed surveyor for all legal survey and legal description documents.
    18. Statement of compliance with the Town of Avon Comprehensive Plan and the Town of Avon Unified Development Ordinance.
  3. Representative building elevations for each facade of primary structures including the following information.
    1. Intended building materials to be used for exterior walls, window, roof, and other notable exterior architectural features.
    2. Proposed placement, area, dimensions, and illumination details for any proposed wall sign.
  4. A Site Access and Circulation Plan. This plan may be incorporated into the required site plan or may be submitted as a separate plan. The plan must include:
    1. Proposed name of the subdivision including the words "Primary Plat."
    2. Name and address of the applicant.
    3. Date of latest submission or revision.
    4. North arrow and graphic scale.
    5. Names, center lines, and right-of-way widths of all existing and proposed streets, alleys, and easements within 100 feet of the site.
    6. All improvements to the street system on-site and off-site.
    7. Measurement of curb radius and/or flares.
    8. Location of proposed and existing pedestrian facilities.
    9. Location and details of all proposed street signs and wayfinding signs.
  5. A Utility Design Plan Drawn to Scale. The plan must include:
    1. The wastewater utility plan approved or submitted for approval by the provider according to their design requirements, or a plan already approved by the provider.
    2. The water utility plan approved or submitted for approval by the provider according to their design requirements.
    3. Location of all existing and proposed utility easements and labeled to indicate the purpose for the easement and to what entity it is granted.
    4. Location, depth, and description of all existing and proposed utility components for stormwater, electric, natural gas, communications, and the like. This includes the location and description of equipment, cabinets, and closures for electric and communication utilities; shutoffs and other surface located features for natural gas systems.
    5. Location and description of all street light fixtures.
    6. Location and names of regulated drains, ditches, and streams in or adjacent to the site.
    7. Contours sufficient to illustrate stormwater runoff.
    8. Stormwater drainage plan including estimated runoff.
  6. Traffic Impact Study.
    1. A Traffic Impact Study (TIS) is required when a proposed development meets or exceeds the following thresholds based on the Indiana Department of Transportation Traffic Impact Study Guidelines. The thresholds are: 150 or more dwelling units; 15,000 sf or more of retail space; 35,000 sf or more of office space; 70,000 sf or more of industrial space; 30,000 sf or more of educational space; 120 or more leasable rooms; 46,000 sf or more of medical space; or any proportional combination of the above.
    2. A registered professional engineer prepares and certifies the TIS. The TIS evaluates the impact of present and future traffic generated by the proposed development on the adjacent street system. Prior to commencement, the applicant meets with the Administrator and Avon Public Works Director to determine the minimal necessary scope for the TIS.
    3. The TIS includes a statement of coordination with the Town of Avon Comprehensive Plan and Thoroughfare Plan.
  7. A Statement of Development Buildout in writing and graphically depicted on the required site plan, including phasing boundaries and an estimate of the time frame for build-out of each phase.
  8. A landscape plan either on the required site plan or as a separate plan. The plan must include:
    1. Botanic and common name of all landscape material and description of minimal sizes to be planted.
    2. Basic characteristics of all landscape material, including height at maturity, and whether it is a canopy tree, understory tree, ornamental tree, evergreen tree, woody shrub, or other type of plant.
    3. Notation of existing landscape material that is intended to be saved in order to be counted toward minimum landscaping standards. Also, a description of how this landscape material will be guarded from grade change, surface water changes, encroachment of trucks, heavy equipment and storage of construction material, and from inadvertent damage.
    4. Description of and/or design drawings for any proposed landscape structures (e.g. entry features, fences, wall, benches), fountains, waterfalls, and other architectural features.
    5. Description and general design of proposed landscape mounds, including the flare edge, crown and a line depicting the midpoint between the crown and flare.
  9. The proposed restrictive covenants that apply to the development.
  10. Requested waivers from the design standards in these Subdivision Regulations (see 8.16 Waiver of Design Standards).
3. Deadline: The application and support information must be submitted at least 45 days prior to the public meeting at which it is intended to first be heard by the Plan Commission.
4. Required Quantities and Format of Submittals: The applicant submits 5 hard copies of the application and supporting information; 1 digital copy of the application and supporting information in .pdf format; and 1 digital copy of any drawings in .dwg file format.
Formal Procedure:
1. Application Submittal and Assignment: An application determined to be substantially complete by the Administrator, is assigned a case number and placed on the next available Plan Commission agenda occurring at least 45 days after submittal. The Administrator notifies the applicant of the hearing date.
2. Technical Review: The Administrator notifies the Technical Advisory Committee, utility providers, and other applicable agencies of the proposed development and asks for their review and comment on the plans based on this Ordinance, other town ordinances, and known County, State or Federal rules, regulations and law.
  
  The Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the application, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Administrator concerning the proposal and information from the Technical Advisory Committee and/or other agencies that have reviewed the proposal. A copy of the report is made available to the applicant and all interested persons prior to the public hearing.
3. Submittal of Revised Plans: The petitioner is given the opportunity to submit revised plans addressing concerns or compliance issues identified by the technical review process. Revised plans must be received at least 21 days prior to the Plan Commission meeting. The Administrator may ask for the revised plans to be forwarded to the Technical Advisory Committee further review. If unresolved issues persist, the application may be continued to the next Plan Commission meeting. Copies of the revised plan review are made available to the applicant and interested persons prior to the public hearing.
4. Public Notice: Notice of the public hearing is made in accordance with IC 36-7-4-706 and the Plan Commission’s Rules of Procedures. All costs associated with providing notice are borne by the applicant.
5. Public Hearing: A public hearing is held in accordance with the Plan Commission Rules and Procedures.
6. The Plan Commission reviews and hears:
  1. The application for primary plat and all supporting information.
  2. The testimony of the applicant.
  3. Information presented in writing or verbally by the Administrator, the Technical Advisory Committee, and other applicable departments.
  4. Input from the public during the public hearing.
7. Decision:
  1. The Plan Commission must take final action or continue the application to a defined future meeting date.
  2. If pursuing final action, the Plan Commission makes the following findings of fact:
    1. The proposal is consistent with the Town of Avon Comprehensive Plan.
    2. The proposal satisfies the applicable provisions this Ordinance and the Town of Avon Construction Standards.
    3. Any requested waivers must meet the requirements of 8.16 Waiver of Design Standards.
    4. The applicant has provided proof that the wastewater utility provider and water utility provider have approved utility plans per their specifications.
  3. Affirmation of findings may be in the form of a general statement. Findings that cannot be affirmed must specify the provision not in compliance.
  4. The Plan Commission may require the applicant to prepare a commitment concerning the primary plat to be made in writing prior to final action.
  5. Final Action: If the Plan Commission affirms the findings of, it approves or approves with commitments the application. If the Plan Commission does not affirm the findings of fact, it denies the application.
  6. If the primary plat is approved, the primary plat, support material, findings, documentation of final action, written commitments, and any conditions are signed and dated by the President of the Plan Commission. Written commitments are recorded in the office of the Hendricks County Recorder within 90 days of the Plan Commission's approval of the primary plat. Failure to record the commitments during this time period nullifies the approval.
  7. The Administrator provides the applicant a copy of the decision.
Duration: An approved primary plat is valid for 2 years from the date the Plan Commission grants approval. If the applicant fails to file for final plat approval for at least one phase of the development within that time frame the plat is void. The Administrator may grant up to two, 6-month extensions for cause as determined at their discretion.
Modification:
1. Major Amendments: The applicant is required to bring proposed major amendments to an approved primary plat to the Plan Commission for approval at a public hearing. Amendments requiring Plan Commission approval include:
  1. An increase in the total number of lots;
  2. Changes in lot area for any single lot of 20% or more,
  3. Changes in lot area for 10% or more of all the approved lots,
  4. Shifts the location of 20% or more of the approved lots;
  5. Reduction in or substantial redesign of perimeter landscaping;
  6. Widening an easement by 20% or 5 feet from the approved primary plat, whichever is greater;
  7. Changes to on-street parking resulting in a 10% or greater change in the total number of spaces, or the relocation of 10% or more of the approved on-street spaces;
  8. Modification of street design resulting in relocation of an intersection by more than 50 feet, shortening or lengthening a street segment by more than 10% of its original design length, or adding 50 or more lineal feet of new streets;
  9. Modification of pedestrian facility design resulting in the removal of sidewalks or sidepaths along a segment of street, reducing the width of a sidewalk by 6 inches or more, reducing the width of a sidewalk to less than 4 feet, reducing the width of a sidepath by more than one foot, reducing the width of a sidepath to less than 6 feet, or removing a mid-block crossing.
  10. Notable realignment of streets;
  11. A relocation of an entrance by 20 feet or more from its approved location;
  12. Any change that would result in noncompliance with the design standards in the Subdivision Regulations or a written commitment;
  13. A proposed minor amendment that adds to previously approved minor amendments, that cumulatively comprises a major change to the approved primary plat; or
  14. Any proposed deviation from a provision determined by the Administrator or Avon Public Works Director to be essential for protecting health, safety, and welfare.
2. Minor Amendments: The applicant may seek minor amendments to an approved primary plat that do not adversely impact the integrity of the approved primary plat and that do not require a major amendment approval. A minor amendment may be approved by the Administrator without a public hearing. A minor amendment authorized by the Administrator is reported in writing to the Plan Commission at the next regular meeting of the Plan Commission.
3. Affect on Utilities: Amendments must not affect easements designated and/or currently approved by the utility service providers.

7.4 Major Subdivision Of Land; Final Plat

Purpose and Intent: The Major Subdivision Final Plat must clearly define all plats and documents for recording.
Delegation of Powers: In accordance with IC 36-7-4-709 as amended, the Plan Commission delegates approval authority of a Major Subdivision Final Plat to the Administrator.
Prerequisites:
1. Primary Plat: A Major Subdivision Primary Plat must have already been approved by the Plan Commission. Final plans and supporting information regarding the primary plat must have already been submitted to the administrator prior to applying for final plat.
2. Commitments: Any written commitments required by the Plan Commission during the primary plat process have been recorded at the Hendricks County Recorder before applying for Major Subdivision Final Plat.
Filing Requirements:
1. Application: An application for a Major Subdivision Final Plat is made on forms provided by the Administrator and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany the application for a Major Subdivision Final Plat.
  1. Exact location of all monuments and markers.
  2. Plans showing final dimensions for lots, common area, rights-of-way, and easements.
  3. If infrastructure improvements are complete, the supporting information including as-built drawings stamped by a certified engineer for each infrastructure system, and copies of any required inspections or certifications. As-built drawings must also be submitted in the Town's required digital format to the Avon Public Works Director.
  4. If infrastructure improvements intended to be dedicated to the Town are not complete, detailed descriptions and locations of infrastructure to be installed, cost estimates from contractors for all infrastructure improvements, and a performance surety as detailed in 7.24 Surety Standards.
3. Deadline: The application and supporting information for final plat approval must be filed within 2 years of the date the primary plat was approved.
4. Required Quantities and Format of Submittals: The applicant submits 5 hard copies of the final plat application and supporting information; 1 digital copy of the application and all supporting information in .pdf; and 1 digital copy of any drawings in .dwg format.
5. Fee: The applicable fee from the Town's fee schedule must be paid at the time the application for a Minor Subdivision Primary Plat is filed. The application will not be considered substantially complete without the application fees.
6. Utilities: Infrastructure for utility providers and the associated as-built drawings become the property of the utility provider. The requirements for as-builts are at the discretion of the service provider.
Formal Procedure:
1. Assignment: A complete application for final plat is assigned a case number.
2. Technical Review: Once assigned a case number, the Administrator notifies the Technical Advisory Committee and other applicable agencies of the final plat and asks for review and comment on the plat.
3. Submittal of Revised Plans: The petitioner is given the opportunity to submit revised plats to address the comments raised by the Technical Advisory Committee.
4. Decision:
  1. The Administrator makes findings of fact as part of final action on the application for final plat.
  2. The Administrator makes the following findings of fact.
    1. The subdivision is consistent with the Major Subdivision Primary Plat approval.
    2. A performance surety for unfinished improvements is in place and meets the requirements for a performance surety.
    3. A maintenance surety for finished, inspected, and approved improvements is in place and meets the requirements for a maintenance surety.
    4. An agreement has been signed and filed restricting the applicant from selling, reserving, or committing future lots (i.e., phases that have not received final plat approval) or lots that do not have streets constructed giving access to the public street network. Transfer of the entire subdivision or a phase of the subdivision is permissive.
    5. The subdivision satisfies the requirements of the Town of Avon Construction Standards.
  3. Findings may be in the form of a general statement. Findings that cannot be affirmed must specify the provision not in compliance.
  4. If the Administrator makes affirmative findings of fact, the Administrator tentatively approves the final plat. If the Administrator does not find all the findings of fact in the affirmative, the Administrator denies the final plat.
  5. If the final plat is tentatively approved, the Administrator signs and dates the findings and documentation.
  6. The Administrator conveys a copy of the findings and documentation of action to the applicant. If the final plat was tentatively approved, the Administrator requests the applicant prepare the final plat and supporting information for recording. If the final plat was denied, the Administrator identifies the necessary revisions to the final plat and supporting information, or the modifications to make to previously installed and noncompliant elements of the development before resubmitting and application for final plat approval.
Recording Plat: The process for recording the final plat and supporting information is as follows:
1. Prerequisites: The Administrator signs and dates the findings and documentation.
2. Submittal for Signatures:
  1. The final plat and supporting information are complete and ready for recording.
  2. The applicant submits 1 reproducible Mylar and 2 prints of the final plat and 3 copies of supporting information for signature by the Administrator.
  3. Upon receipt and verification of compliance with submittal requirements, the Administrator signs and dates the documents.
3. Responsibility: The applicant is responsible for recording the approved final plat with the Hendricks County Recorder within 30 days of the date of signature.
4. Within 30 days of recording the applicant submits 2 paper copies and 1 Mylar of the recorded final plat to the Administrator. Failure to do so voids the application. If voided, the application for Major Subdivision Final Plat must be refiled for approval.
Final Action: Delivery of the recorded copies constitutes final action and final approval.
Replats: A replat consists of two processes. First, the portion of a recorded final plat intended to be changed is vacated in accordance with IC 36-7-3-10 and IC 36-7-3-11. Then, the vacated area is platted using the Major Subdivision of Land; Primary Plat process and the Final Plat process.
Addresses: Addresses will not be assigned to any lot until copies of the recorded final plat are delivered to the Administrator and the required performance or maintenance surety is in place.
Improvement Location Permits: Improvement location permits will not be issued on lots until copies of the recorded final plat are delivered to the Administrator, the required performance or maintenance surety is in place, and the street from which the lot gains access is paved and connects to the public street network.
As-Built Drawings: The developer must provide as-built drawings within 1 year of recording the final plat. As built drawings must be submitted in a digital format as specified by the Avon Public Works Director. Failure to submit as-built drawings is considered a violation of this ordinance and subject to enforcement.

7.5 Minor Subdivision Of Land; Primary Plat

Purpose and Intent: A Minor Subdivision Primary Plat provides the Plan Commission with the opportunity to review the details of a minor subdivision of land to determine compliance with the provisions of this Ordinance, and the Town of Avon Construction Standards. The approval process for a minor subdivision is similar to major subdivisions except there are fewer submittal requirements and a simpler approval process.
Project Applicability: A Minor Subdivision Primary Plat must be prepared in conjunction with any proposal to subdivide property within the jurisdictional area of the Plan Commission.
1. Applicable Districts: The minor subdivision of land may occur in all zoning districts.
2. Restrictions: A proposed division of land including one or more of the following is prohibited from using the Minor Subdivision Primary Plat process:
  1. A new interior street,
  2. Divisions of land resulting in 5 or more lots,
  3. Plan Commission approval to waive the applicable design standards, or
  4. Common area is required.
Prerequisites:
1. Eligible Applicants: An application for Minor Subdivision Primary Plat is initiated by the owner of the land involved in the subdivision or the owner's authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner must accompany the application.
2. Pre-application Conference: Before applying for Minor Subdivision Primary Plat, the applicant must meet with the Administrator to examine the conceptual design for the site and review the applicable zoning district, regulatory ordinances, materials, and procedures.
3. Commitments: If any prior approval for the subject property included commitments relative to the proposed subdivision, those commitments must be recorded in the Office of the Hendricks County Recorder prior to applying for Minor Subdivision Primary Plat.
Filing Requirements:
1. Application: An application for Minor Subdivision Primary Plat is made on forms provided by the Administrator, and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany a primary plat application. The Administrator or Plan Commission may request other information necessary to make a thorough review of the project.
  1. A list of the names and mailing addresses of interested parties obtained from the Hendricks County Auditor's office.
  2. A Site Plan, drawn to a scale 1"=50' or 1"=100' unless otherwise approved by the Administrator prior to submission. The site plan must include:
    1. Proposed name of the subdivision including the words "Primary Plat."
    2. Name and address of the applicant.
    3. Name and address of the engineer preparing the plans.
    4. Date of latest submission or revision.
    5. North arrow and graphic scale.
    6. Proposed address for each lot.
    7. Area map showing the general location of the site referenced to major streets.
    8. Legal description of the site.
    9. Legal survey of the site including dimensions.
    10. Location and dimensions of existing easements including a label indicating their function.
    11. Lot layout, lot number, lot dimension, lot area, and applicable building setback lines applied to each lot.
    12. Location and dimensions of any existing structures.
    13. Location of all floodway, floodway fringe, and wetlands within or adjacent to the boundaries of the site.
    14. Existing and proposed contours based in U.S.G.S. datum with intervals of not more than 5 feet where the slope is greater than 10% and not more than 2 feet where the slope is less than 10%. Elevations are based on sea level datum.
    15. Stamp of registered professional engineer for all design documents and stamp of licensed surveyor for all legal survey and legal description documents.
    16. Statement of compliance with the Comprehensive Plan.
    17. Statement of compliance with this Ordinance.
3. Deadline: The application, required plans, and support information must be submitted at least 30 days prior to the Plan Commission public hearing on the application.
4. Required Quantities and Format of Submittals: The applicant submits 5 hard copies of the application and supporting information, one digital copy of the application and all supporting information in .pdf format, and one digital copy of any drawings in .dwg format.
Formal Procedure:
1. Application Submittal and Assignment: An application determined to be substantially complete by the Administrator is assigned a case number and is placed on the next available Plan Commission agenda occurring at least 30 days after submittal. The Administrator notifies the applicant of the hearing date.
2. Technical Review: The Administrator and, if necessary, the Technical Advisory Committee, will review and comment on the plans based on this Ordinance, other town ordinances, and known County, State or Federal rules, regulations and law.
  
  The Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the application, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Administrator concerning the proposal and information from the Technical Advisory Committee. A copy of the report is made available to the applicant and all interested persons prior to the public hearing.
3. Submittal of Revised Plans: The petitioner is given the opportunity to submit revised plans addressing concerns or compliance issues identified by the technical review. Revised plans must be received at least 18 days prior to the Plan Commission meeting. If unresolved issues persist, the Administrator may ask for a continuance to allow additional time for revisions before going before the Plan Commission meeting. Copies of the revised plan review are made available to the applicant and interested persons prior to the public hearing.
4. Public Notice: Notice of the public hearing is made in accordance with IC 36-7-4-706 and the Plan Commission’s Rules of Procedure. All costs associated with providing public notice are borne by the applicant.
5. Public Hearing: A public hearing is held in accordance with the Plan Commission Rules and Procedures.
6. Review: The Plan Commission reviews and hears:
  1. The application for primary plat and all supporting information.
  2. The testimony of the applicant.
  3. Information presented in writing or verbally by the Administrator.
  4. Input from the public during the public hearing.
  5. Applicable provisions of these Subdivision Regulations.
  6. Applicable requirements of the Town of Avon Construction Standards.
7. Decision:
  1. The Plan Commission takes final action or continues the application for Minor Subdivision Primary Plat to a defined future meeting date.
  2. If pursuing final action, the Plan Commission makes the following findings of fact:
    1. The proposal is consistent with the Comprehensive Plan.
    2. The proposal satisfies the standards of this Ordinance and the construction requirements of the Town of Avon Construction Standards.
  3. Affirmation of findings may be in the form of a general statement. Findings that cannot be affirmed must specify the provision not in compliance.
  4. The Plan Commission may require the applicant to prepare written commitments concerning the primary plat to be made in writing prior to formal action.
  5. Final Action: If the Plan Commission finds all the findings of fact in the affirmative, it approves or approves with commitments the application for Minor Subdivision Primary Plat. If the Plan Commission does not find all the findings of fact in the affirmative, it denies the application for Minor Subdivision Primary Plat.
  6. If the Minor Subdivision Primary Plat is approved, the primary plat, supporting information, findings, documentation of final action, written commitments, and any conditions are signed and dated by the President of the Plan Commission. Written commitments are recorded in the office of the Hendricks County Recorder within 90 days of the Plan Commission's approval of the primary plat or the approval is nullified.
  7. The Administrator provides the applicant a copy of the decision.
Duration: An approved Minor Subdivision Primary Plat is valid for 2 years from the date of Plan Commission approval. The Administrator may grant one extension up to six months.
Modification:
1. Replats: A replat consists of two processes. First, the approved Minor Subdivision Primary Plat is voided and revoked by the applicant. Second, a new application is submitted for a Minor Subdivision of Land.
2. Minor Amendments: The applicant may seek minor amendments to an approved Minor Subdivision Primary Plat. Minor amendments are limited to adjustment to lot lines (e.g. changes to lot widths) provided the changes do not adversely impact the integrity of the approved Minor Subdivision Primary Plat and the changes maintain compliance with this Ordinance. A minor amendment may be approved by the Administrator without a public hearing. A minor amendment authorized by the Administrator is reported in writing to the Plan Commission at their next regular meeting.

7.6 Minor Subdivision Of Land; Final Plat

Purpose and Intent: The Minor Subdivision Final Plat assures that the primary plat and support information are prepared and recorded.
Delegation of Powers: In accordance with IC 36-7-4-709 as amended, the Plan Commission delegates final plat approval authority to the Administrator.
Prerequisites: A Minor Subdivision Primary Plat must have already been approved by the Plan Commission prior to applying for final plat.
Filing Requirements:
1. Application: An application for a Minor Subdivision Final Plat is made on forms provided by the Administrator and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany the application:
  1. Statement from a licensed surveyor indicating that required monuments and markers have been placed, or an agreement from the applicant to comply with monument and marker requirement within 3 months.
  2. Any other information necessary to review the Minor Subdivision Final Plat as requested on the application form or from the Administrator.
3. Deadline: The application and supporting information must be filed within 2 years from the date the Minor Subdivision Primary Plat was approved by the Plan Commission.
4. Required Quantities and Format of Submittals: The applicant submits 1 reproducible Mylar and 2 paper prints of the final plat, and 3 copies of supporting documents and in their final form for recording and ready for signature.
Formal Procedure:
1. Review: The Administrator determines if the application is substantially complete. Upon determining substantial completion, the Administrator reviews the final plat and supporting information for compliance.
2. Submittal of Revised Plans: The applicant is given the opportunity to revise plans to address issues identified by the Administrator.
3. Decision: When the Administrator determines the proposal is consistent with the Minor Subdivision Primary Plat approval, the Administrator approves the final plat application and signs and dates the final plat. If the Administrator determines the proposal is not in compliance, the Administrator denies the final plat application and notifies the applicant of the deficiencies to be remedied to secure plat approval.
Plat Recording Process:
1. Prerequisites: The final plat is signed and dated by the Administrator and conveyed to the applicant.
2. Responsibility: The applicant is responsible for recording the approved final plat with the Hendricks County Recorder within 30 days of the date of signature.
3. Deliver Copies and Proof of Recording: The applicant submits 2 paper copies and 1 Mylar of the recorded final plat to the Administrator. Failure to record the final plat and supporting information within the 30-day time frame voids the application. The application must be refiled for Minor Subdivision Final Plat approval.
Replat: A replat consists of two processes. First, the recorded final plat is vacated in accordance with IC 36-7-3-10 and IC 36-7-3-11. Then, the area is platted using the Minor Subdivision of Land process.
Addresses: Addresses will not be assigned until the final plat is recorded and copies are delivered to the Administrator.
Improvement Location Permits: Improvement location permits will not be issued until the final plat is recorded and copies delivered to the Administrator.
As-built Drawings: The developer must provide as-built drawings within one year of recording the final plat. Asbuilt drawings must be submitted in a digital format as specified by the Avon Public Works Director. Failure to submit as-built drawings is considered a violation of this Ordinance and subject to enforcement.

7.7 Subdivision Of Land; Administrative

Purpose and Intent: An administrative subdivision provides the Town with the opportunity to expedite adjustments to property lines when no new lots are created or when parcels are merged into fewer buildable lots. This provision is an administrative process for exempt forms of subdivision.
Project Applicability: An administrative subdivision can be used to modify the division of property according to the standards written below. All other divisions of land or alterations to property lines must be processed as a Minor Subdivision or Major Subdivision.
1. Applicable Districts: An administrative subdivision may occur in any zoning district.
2. Applicable Actions:
  1. Merging Common Ownership Lots: The owner of 2 to 10 lots may merge them together as fewer buildable lots when the resulting lot does not result in a new nonconformance or an escalation in an existing nonconformance; and when there is no change to public services, roads, or utilities.
  2. Splitting a Lot and Merging Its Pieces with Two or More Adjacent Lots: Owners of 2 or more lots adjacent to a vacant lot may jointly purchase the lot, divide it, and merge all of the pieces with their buildable lot. If the lot is not vacant, the primary structure must be demolished and/or the primary use dissolved prior to application for an administrative subdivision.
  3. Adjusting Lot Lines: Two owners may adjust a lot line separating their two properties if survey errors were discovered or if both owners desire such a modification as long as it does not result in a new nonconformance or an escalation in an existing nonconformance; and does not reduce either's lot area by more than 25%.
Prerequisites:
1. Eligible Applicant: Owners of all applicable lots or their authorized agent may apply for primary plat approval. A signed and notarized consent form from the owners must accompany the application if submitted by an authorized agent.
2. Removing Unnecessary Driveway Cuts: Pre-existing driveway cuts established for a dissolved lot must be vacated and removed, including the apron within the right-of-way.
3. Restrictions: A proposed subdivision that includes one or more of the following is prohibited from using the administrative subdivision process:
  1. An additional driveway cut, or
  2. A subdivision that was platted on or after the Town’s first Subdivision Regulations’ effective date.
Administrative Subdivision Filing Requirements:
1. Application: An application for an administrative subdivision is made on forms provided by the Administrator and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany an administrative subdivision application: a legal description and address for each lot involved. The Administrator may waive in writing the submittal of unnecessary information relative to the application. The Administrator may request other information necessary to make a thorough review of the project.
3. Site Plan: A Site Plan, drawn to a scale of 1”=50' or 1"=100' unless otherwise approved by the Administrator prior to submission. The site plan includes:
  1. Name and address of the applicant,
  2. North arrow and graphic scale,
  3. Adjacent streets, sidewalks, and easements,
  4. Boundary lines of each lot including all lot dimensions,
  5. Proposed adjustments with lot dimensions, lot area, and building setback lines on the resulting lots,
  6. Footprint and dimensions of existing structures with measurements to property lines pre and post adjustments, and
  7. Stamp of registered professional engineer, surveyor, landscape architect, or architect.
4. Submittal Material: The applicant provides 3 paper copies of the application and supporting information; and 1 digital copy of the application and supporting information in .pdf format.
Procedure and Approval:
1. Review of Material: A complete application for an administrative subdivision is reviewed by the Administrator and an appointed member of the Plan Commission for compliance with the Subdivision Regulations. If a member of the Plan Commission has not been appointed the Plan Commission President serves as the second reviewer.
2. Decision: The Administrator and Plan Commission representative make a joint determination as to whether the petition complies with the standards. If the petition complies, it is approved, and all 3 copies are signed by both reviewers. A signed copy is retained for Town records and 2 copies are conveyed to the applicant; one for personal records and one for recording with the Hendricks County Recorder's office.
3. Report to Plan Commission: After approval, at the first regularly scheduled Plan Commission meeting, the approval of any administrative subdivisions are be reported by the Administrator.
4. Proof of Recording: To officially complete the process the applicant records the plat with the Hendricks County Recorder's office and provides proof to the Administrator.
5. Failure to Record: If an approved administrative subdivision is not recorded within 30 days from the date of approval and signature, the application and approval are deemed void. The Administrator reports any failures to the Plan Commission at their first regularly scheduled meeting after discovering default occurred and notifies the applicant of the failure to record in the Town's records.
Improvement Location Permits: A building permit will not be issued until proof of recording is demonstrated.

7.8 Principles And Standards Of Design

Improvement location permits, development plans and subdivisions must conform to the principles and standards established by this Ordinance.
The Town of Avon Construction Standards and Specifications (“Construction Standards"), as published and maintained by the Avon Public Works Department, are incorporated, as amended, by cross-reference into this Ordinance. All development plans and subdivisions must conform to the Construction Standards.

7.9 Architectural Standards -- Residential Districts

General Residential Architectural Standards:
1. Vinyl siding used on residential dwellings must meet the following specifications:
  1. Material Requirements:
    1. Vinyl must have a minimum thickness of 0.044 with a minimum butt or panel projection of 3/4 inch.
    2. Heavy duty lock extended return leg is required.
    3. A full rollover/ double nail hem or approved hammer stop is required if the vinyl is less than 0.048 inches thick.
    4. The maximum panel width between butts is 5 inches, except for panels with foam backing.
  2. Sheathing Requirements:
    1. Use of 7/16 inch minimum thickness OSB or plywood is preferred.
    2. Rigid foam insulation boards must have a minimum thickness of 1/2 inch, have a reinforced plastic membrane surface on both sides, and a minimum compression strength of 15 PSI.
    3. All sheathing materials must have a weather resistant barrier, which may be incorporated with other products.
  3. Construction/Installation Requirements:
    1. Exterior wall stud spacing must not exceed 16” on center.
    2. Manufactured I joists abutting outer walls must have a band board wrap to provide a flush nailing surface.
    3. Shutters, downspouts, utility connections and other attachments must be connected to the building in a manner that does not restrict the movement of the vinyl siding. All attachment hardware must pass through the siding into substrate with nail-holding strength. All penetrations in the siding must be properly sealed to prevent moisture infiltration.
    4. All wall penetrations must be properly flashed according to the manufacturer’s instructions.
    5. Installers must be certified by the Vinyl Siding Institute.
Single-Family Detached Residential Architectural Standards:
1. Architectural Standards:
  1. Applicability: These standards apply to new detached single-family dwelling units. New detached single-family dwelling units must comply with the architectural standards listed on 7.27 Single-Family Architectural Standards Tables.
Multi-Family Residential Architectural Standards: All new multi-family dwellings must comply with the following:
1. Design detailing must continue completely around the building consistent with the intended architectural style. Detailing elements include, but are not limited to, number and style of windows, window placement, trim detailing, roof design, and exterior materials.
2. Permitted exterior materials include Exterior Insulation and Finish System (E.I.F.S.), synthetic stucco, masonry materials, wood, fiber cement siding, and polymeric cladding. Aluminum and vinyl siding are prohibited.
3. At least 75% of each building façade, excluding windows and doors, must be masonry materials or fiber cement siding.
4. Each building façade must utilize at least 2 different exterior building materials (excluding window, door, and roofing materials). A different style of the same building material (e.g., horizontal and shake-style fiber cement siding) does not constitute two different building materials.
5. Windows: A building façade must incorporate a minimum of one window (a minimum of 15 square feet) per dwelling unit located along the building façade. Required windows may be located anywhere on the building façade, as architecturally appropriate. Windows in a building façade of a masonry material must have a casing or sill of natural or masonry material. Windows in a building façade of a non-masonry material must be trimmed to match the architectural style of the building.
6. Roof Design:
  1. The roof pitch of the main roof must be at least 6:12. Elements such as porches, bays, walkways, may have a lower roof pitch. Lower roof pitches may occur on rear elevations if concealed by side roof elements.
  2. The roof overhangs must be at least 11 inches, as measured prior to the installation of masonry materials.
  3. The roof form and pitch design of a building must include, where appropriate, varied pitches and ridge levels in accordance with the intended architectural style of the building and the building façade projections.
7. Streetscape Diversity:
  1. Building elevations of similar floor plans must have variety in style, massing, use of materials, and detailing of elements. The same elevation may occur as buildings are grouped together if each building plan has a minimum of 2 different elevation styles.
  2. If more than 1 building is proposed, then the building(s) must be located so no more than 2 buildings are in a straight, unbroken line. An unbroken line includes an offset in the building setback at least 1/3 the height of the adjacent building.

7.10 Architectural Standards -- Commercial, Mixed-Use, And Institutional Districts

In reviewing the architectural design of commercial, mixed-use, and institutional buildings the Plan Commission considers:

Context: All buildings are designed with respect to the general character of the Comprehensive Plan, Ronald Reagan Corridor Master Plan, and other planning documents.
Architectural Features: The following architectural features may be used to meet the design requirements of this section.
1. Change in plane
2. Change in texture or masonry pattern
3. Change in building materials
4. Windows, trellis with vines
5. Color changes
6. Texture changes
7. Material module changes
8. Canopies or porticos
9. Overhangs
10. Recesses and/or projections
11. Raised cornice parapets over the door
12. Peaked roof forms
13. Arches
14. Architectural details including tile work and moldings integrated into the building structure and design
15. Integral planters or wing walls the incorporate landscaped areas and/or places for sitting
16. Other features approved by the Plan Commission.
Massing:
1. A single, large, dominant building mass must be avoided in new buildings and, to the extent reasonably feasible, to existing buildings when changes to the exterior of the building are proposed.
2. Changes in mass are related to entrances, the integral structure and/or the organization of interior spaces and activities and not merely for cosmetic effect. False fronts or parapets that create an insubstantial appearance and are prohibited.
Façade Treatment:
1. Facades abutting arterial and collector streets must add architectural interest and variety and avoid the effect of a single wall or long or massive walls with no relation to human scale. No wall facing a street or connecting walkway can have a blank, uninterrupted length exceeding 50 feet without including at least two of the architectural features listed.
2. Facades greater than 100 feet in length must incorporate wall plane projections or recesses having a depth of at least 3 feet and extending at least 20 feet.
3. Horizontal masses cannot exceed a height to width ratio of 1:3 without substantial variation in massing that includes a change in height and projecting or recessed elements.
4. Building facades must include a repeating pattern that includes one or more of the architectural features listed above.
5. Facades must have an expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib.
6. Facades must have at least one of the architectural features listed that repeat horizontally. Elements must repeat at intervals of no more than 30 feet, either horizontally or vertically.
7. A minimum of two different exterior finish materials must be used for building exteriors, including stone, brick, architectural pre-cast (panels or detailing if the surface looks like brick or stone), architectural metal panels, glass, ornamental metal and Dryvit or stucco when not exceeding the maximum wall coverage. The building(s) must use these materials for all the exterior finish. The building may not be constructed entirely of a metal and glass curtain wall. Where materials are combined horizontally on one façade, the heavier material must be below.
8. A minimum of 2 different colors must be used on facades. The use of high intensity, neon, or fluorescent colors is prohibited.
9. Retail buildings must provide glazing on a minimum of 35% of the ground floor front façade. Side facades must contain (1) a minimum of 10% glazing of the ground floor side facade or (2) two architectural features.
Roofs: Roofs must include at least 2 of the following:
1. Roofs may be constructed of an energy efficient material in order to reduce the heat island effect;
2. Parapets with a three-dimensional cornice treatment that conceal flat roofs and rooftop equipment from public view;
3. Overhanging eaves extending at least 3 feet past the supporting walls;
4. Sloping roofs with an average pitch between 4:12 and 12:12; or
5. Three or more roof slope planes.
Entryways: Each principal building on a site must have clearly defined, highly visible entrances featuring at least 1 of the architectural features listed. When additional tenant spaces will be in the principal building, each space must have at least one exterior entrance that conforms to the above requirements.
Building Elements & Accessory Structures:
1. Separate building elements or accessory structures should be designated as an integral part of the building design.
2. Signage should be complementary to and integrated with the building design as to not dominate facades or appear tacked on.
3. Appurtenances must be screened or integrated into the building design so that they are not visible from the street.
4. Docks, garage doors, and service areas must be screened to minimize their visibility from adjacent streets.
Site Design and Relationship to Surrounding Community: In order to contribute to the establishment and enhancement of community and public spaces, buildings must provide at least two of the amenities listed below. The amenities must have direct access to the public sidewalk network. The amenities cannot be constructed of materials inferior to the principal materials of the building and landscape.
1. Patio/seating area;
2. Pedestrian plaza with benches;
3. Water feature;
4. Clock tower; or
5. Other such deliberately shaped area and/or a focal feature of amenity that, in the judgment of the Administrator, adequately enhances the community and public spaces.
Building Materials:
1. The following are prohibited as exterior finish materials: brick or stone masonry less than 4 inches thick, concrete block (including split face block), prefabricated steel panels, and vinyl siding. Coating or painting a prohibited material does not constitute a permitted material.
2. The following materials are limited to use only as accent materials: Dryvit and stucco.

7.11 Architectural Standards -- Industrial Districts

All new nonresidential buildings or building additions located within an Industrial District must comply with the following:

Buildings and structures within a single development should have complementary architectural themes.
All roof or ground mounted mechanical equipment must be completely enclosed. Ground-mounted enclosures must be landscaped on all sides not facing the building served in accordance with 5.8 Landscaping Standards.
Each building façade visible from a street or oriented to an adjoining residential district, must have at least 40% masonry materials on the building façade (exclusive of window and doors).
Building façades 90 feet or greater in length, must have offsets at intervals no greater than 60 feet apart. Offsets can project or recess. They must extend the entire vertical plane of the building façade. The offset must be at least 12 inches in depth and be at least 20% of the overall building façade length. Architectural elements (e.g. arcades, columns, pilasters, etc.) meeting the offset requirements may be used to fulfill this requirement.
Loading spaces, loading docks or oversized service doors are prohibited on an external façade.
If materials other than masonry materials are used on any building façade, then the building façade must be enhanced with: (i) the use of multiple colors and textures (e.g., rough, smooth, striated, etc.); or (ii) the addition of architectural elements (e.g. quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.)

7.12 Block Standards

The maximum length of a single-family residential subdivision block is 1,250 feet, except where an internal street or frontage road parallels an expressway or arterial.

7.13 Development Name Standards

Proposed Development Name: The applicant proposes a unique name for the development. The proposed root name must not duplicate or closely approximate in spelling or phonetically, the name of any other development within the Town or within one mile of the town's corporate limit. Deviations in suffix names (e.g. Place, Woods, or Glen) do not constitute a unique name (e.g. if Preston Place exists, the name Preston Woods is not permitted). Unique subareas within a large development or separate developments within proximity may be authorized to use the same root name by the Plan Commission.
Approval Authority: The Plan Commission has authority to approve or deny the proposed development name.
Renaming Authority:
1. Existing development names or development names approved by the Plan Commission, but not yet built, cannot be changed without Plan Commission approval.
2. The Plan Commission has the authority to require the applicant to propose a new unique name for a development if the initial name is unacceptable. If an acceptable unique development name is not proposed by the applicant, the Plan Commission will name the development prior to final approval.

7.14 Easement Standards

Cross-access Easements:
1. Cross-access easements must not impede, encroach, or interfere with utility easements or utility providers.
2. When required by this Ordinance, each property owner of record must execute a cross-access easement instrument in favor of the adjoining property owner. The cross-access easement instrument must be signed by the owners of all associated properties. The cross-access easement instrument must:
  1. Identify the development associated with the cross-access easement.
  2. Grant the public the right to use the easement to access adjoining parking areas, public spaces, or lots.
  3. Prohibit parking vehicles within the easement.
  4. Prohibit any person, including the property owner, from placing an obstruction within the cross-access easement, or from removing or modifying features installed in the easement.
  5. Be binding on all heirs, successors, and assigns to the property.
  6. Be enforceable by the owners of each associated property, the Town, and any other specially affected persons identified in the cross-access easement.
  7. Provide for modification or termination as specified in this Ordinance.
  8. Be cross-referenced to the most recently recorded deeds of the associated properties.
  9. Include a metes and bounds description of the easement.
3. Cross-access Easement Certificate:
  1. Instead of recording a separate cross-access easement instrument, the applicant may place the following language on the final plat to be recorded:
    
    Areas on these plans designated as a Cross-access Easement are established in favor of the adjoining property owner and grant the public the right to enter the easement for purposes of accessing adjoining lots. These easements prohibit any person from parking vehicles within the easement and prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the Town of Avon may enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Town of Avon Subdivision Regulations, or its succeeding ordinance.
  2. The dedication and acceptance of any cross-access easements shown on a recordable instrument is accomplished via a Certificate of Dedication and Acceptance signed by the appropriate property owners, or their agents.
  3. If a Declaration of Covenants is included on the recordable instrument, the cross-access easement certificate must be clearly separate from the Declaration of Covenants.
General Easements:
1. When an easement is proposed by the applicant, required by this Ordinance, or an easement is required per a commitment or condition of approval, but the standards for the easement type are not specified, the property owner of record executes the easement instrument in favor of the appropriate parties (e.g. the general public, Town of Avon, specific abutting property owner, etc.). The easement instrument must be signed by the property owner of record granting the easement and an authorized representative of the party accepting the easement. The easement instrument must:
  1. Identify the development associated with the easement.
  2. Specify the activities the appropriate parties are authorized to perform.
  3. Specify the activities the property owner of record is prohibited from performing.
  4. Be binding on all heirs, successors, and assigns to the property.
  5. Be enforceable by the property owner of record, any appropriate parties, and the Town of Avon.
  6. Provide for modification in the manner stipulated in this Ordinance.
  7. Be cross-referenced to the most recently recorded deed to the property.
  8. Include a metes and bounds description.
  9. Be signed by an authorized representative of the property owner of record granting the easement and by an authorized representative of the grantee accepting the easement.
2. Easement Certificate:
  1. When a final plat is being recorded, the applicant may place a Plan Commission Attorney-approved easement certificate on the final plat instead of recording a separate easement instrument.
  2. The dedication and acceptance of any easements shown on a recordable instrument are accomplished by a Certificate of Dedication and Acceptance signed by the appropriate property owners or their agents.
  3. If a Declaration of Covenants is included on the recordable instrument, the easement certificate must be separate from the Declaration of Covenants.

7.15 Erosion Control Standards

All proposed subdivisions must comply with the Title V. Chapter 54 Stormwater Management in the Town of Avon Code of Ordinances.
Permits:
1. A Stormwater Pollution Prevention Plan must reviewed and a Site Improvement Permit must be issued by the MS4 Coordinator before changes are made in the contour of the land, or before beginning grading or excavating begin.
2. Any development over one acre must obtain a Rule 5 Permit from the Indiana Department of Environmental Management.
Off-site Sedimentation: Whenever sedimentation is caused by stripping vegetation, regrading, or other development activities, it is the responsibility of the applicant to remove sedimentation from all adjoining surfaces, drainage systems, and watercourses, and to repair any damage. This work is done at the applicant's expense.
Fill Material: All fill material must be compacted to meet the specifications in the Town of Avon Construction Standards.
1. Off-site fill material must be free of environmentally hazardous materials. The source of fill material must be identified upon request of the MS4 Coordinator or Administrator.
2. Detrimental amounts of organic material are not permitted in fill material.
3. No rock or similar irreducible material with a dimension greater than 12 inches, measured through a cross-section of the material, can be buried or placed in fills unless approved as part of the Site Improvement Permit.
4. Stockpiling of fill material must not occur more than two years beyond the approval date of a final plat. A mass excavation and grading bond in the amount of 110% of the total earthwork costs associated with a subdivision section must be submitted by the applicant upon the recording of the final plat.
Health, Safety and Welfare: If the MS4 Coordinator, Avon Public Works Director, or Administrator determines that any existing excavation, embankment, or fill is hazardous, the property owner or the owner's agent will be notified in writing. Within the period specified, the hazard must be repaired or eliminated or be subject to enforcement (see CHAPTER 9: ADMINISTRATION AND ENFORCEMENT).
Disturbance of Protected Areas: If any protected area is driven over, altered, disturbed, or damaged in any way, the applicant or property owner is subject to the enforcement (see CHAPTER 9: ADMINISTRATION AND ENFORCEMENT).

7.16 Monument And Marker Standards

Installation of Monuments and Markers: All monument and marker improvements must be installed per 865 lAC 1-12-18 and the Town of Avon Construction Standards.
Centerline Monuments: Monuments conforming to 865 IAC l-12-18(a)(2) must be set on street center lines at the beginning and end of curves and at the intersection of center lines. When it is not practical to set a centerline monument according to 865 IAC 1-12-18(a)(2), a centerline monument conforming to 865 IAC 1-12-18(a)(3) must be set.
Reporting: Upon completion of the development, a licensed surveyor prepares as-built drawings showing the placement of monuments and markers. As-built drawings must also be submitted in the Town's required digital format to the Avon Public Works Director with an affidavit by the surveyor certifying that the monuments and markers are still in place, and were not removed, moved, or buried such that they do not accurately denote surveyed lines or cannot be easily located.

7.17 Open Space And Amenity Standards

Applicability: This article applies to all residential development plans, primary plats, and final plats. All residential developments must set aside open space according to this article.
Minimum Open Space:
1. The minimum open space required for each development, as a percentage of its gross acreage, is as follows:
  
  Zoning District
  Min. Open Space Required
  R1
  5%
  R2
  8%
  R3
  10%
  R4
  12%
  R5
  15%
  MU-OSR
  50%
  MU-COR
  10%
2. The following residential developments are exempted from providing open space under this article:
  1. Developments with a gross density of 0.33 dwelling units per acre
  2. Minor subdivisions
  3. Infill developments with 6 or fewer dwelling units
3. Open space areas retain private ownership by an owners' association or similar joint ownership of all associated properties in perpetuity.
4. The following features count toward the minimum open space requirements.
  1. Any required preservation or conservation area.
  2. Any water feature, including a retention facility, with a surface area of at least 32,670 square feet at normal pool elevation and that supports aquatic life:
  3. Any man-made stormwater dry detention facility at least 10,890 square feet of flat bottom area and a depth that does not exceed 5 feet from top of bank. Slopes within the detention facility cannot exceed 4 horizontal units to 1 vertical unit ratio. A buffer area at least 20 feet wide must be provided around the perimeter of the facility. The buffer area and facility must be planted and maintained as a useable area. Tree planting is permitted within the facility. The water outlet of the facility must use an anti-vortex or anti-entrapment design.
  4. 50% of any floodplain for a natural stream.
  5. Perimeter landscaping areas required in 6:1 Landscaping – General Standards, provided these landscaping areas are located within common open space.
  6. Other common areas set aside to meet open space requirements.
5. Up to 75% of the required open space for one sub-area of a development may be shifted to another sub-area within the same overall development with the approval of the Plan Commission.
6. The Plan Commission has the authority to grant a waiver allowing required open space to be provided off-site in the form of a public park facility.
7. Open space areas are encouraged to be used for active and passive recreation uses tailored to the residents of the neighborhood.
Amenity Centers
1. Amenity centers shall be installed in established common areas, excluding common areas established for perimeter landscaping and buffer yards. The following requirements are cumulative:
  1. Primary Amenity Center: A "neighborhood park" is required in any residential subdivision with a parent tract greater than eighty (80) acres or with over 140 dwelling units. An additional neighborhood park is required per additional eighty (80) acres or 140 dwelling units. When an additional neighborhood park is required one of the following shall occur:
    1. A "sport court" may be substituted and located adjacent to the first "neighborhood park" or on a unique site;
    2. The second "neighborhood park" can be located adjacent to the first with the minimum required amenities for both parks combined together as a single park; or
    3. The second "neighborhood park" can be located on a unique site.
  2. Secondary Amenity Center: A "standard facility" is required in any residential subdivision with a parent tract greater than 120 acres or with over 260 dwelling units. An additional "standard facility" is required for every additional 120 acres or 260 dwelling units. When an additional "standard facility" is required, one of the following shall occur:
    1. A "nature center" may be substituted for an additional "standard facility"; or
    2. The first "standard facility" shall be expanded to an "enhanced facility"; or
    3. The second "standard facility" shall be located on a unique site.
      1. Major Amenity Center: A "swimming pool," "indoor playground," or equivalent amenity feature is required in any residential subdivision with a parent tract greater than 240 acres or with over 460 dwelling units. An additional, but different than the first, "swimming pool," "indoor playground," or the equivalent is required for every additional 240 acres or 400 dwelling units. When an additional "major amenity center" is required, one of the following shall occur:
        An equivalent amenity feature may be substituted for an additional "major amenity center"; or
        The minimum standard for a swimming pool may be doubled; or
        The additional "major amenity center" may be an off-site connection to a municipal park or recreation feature if deemed equivalent by the Plan Commission.
Minimum Standards for Each Facility:
1. Neighborhood Park: A neighborhood park may be a passive park or active park.
  1. Passive Park:
    1. A minimum of one (1) acre; and
    2. A minimum of a small open shelter 200 square feet in area.
  2. Active Park
    1. A minimum of 18,000 square feet;
    2. Playground equipment with at least two (2) slides, four (4) swings, three (3) climbing apparatus, and three (3) additional optional apparatus. All playground equipment shall be commercial grade and permanently affixed to the ground. Further, at least one-third (1/3) of all apparatus shall be designed for toddler; and
    3. A safe surface shall be installed below each apparatus. A safe surface may include, but it is not limited to eight (8) inches of mulch or four (4) inches of recycled tires.
2. Sport Court: The minimum standards for a sport court include one of the following:
  1. Tennis:
    1. A single regulation sized tennis court; and
    2. A commercial quality net and court striping.
  2. Basketball:
    1. A minimum of two (2) separate regulation-sized half courts or one (1) full court;
    2. A minimum of two (2) commercial quality goals opposite of one another and court striping.
  3. Volleyball:
    1. A single regulation sized sand volleyball court;
    2. A minimum of eight (8) feet of sand at each end of the court and six (6) feet of sand on each side for comfortable play; and
    3. A commercial quality net, poles, and boundary tapes.
3. Standard Facility: The minimum standards for a "standard facility" include all of the following:
  1. Architecture: The facility shall be designed to reflect the best residential characteristics in the neighborhood.
  2. Square Footage: The facility shall be at least 800 square feet in floor area.
  3. Outdoor Facilities: A minimum of 300 square feet of patio space plus sidewalks leading to and from the facility.
  4. Furnishings: The facility shall have commercial grade chairs, tables and other furnishings for small parties, small gatherings and small meetings.
4. Enhanced Facility: The minimum standards for an "enhanced facility" include all of the following:
  1. Four Seasons: The facility shall be fully enclosed, heated and air-conditioned.
  2. Architecture: The facility shall be designed to reflect the best residential characteristics in the neighborhood, and have a brick or stone chimney.
  3. Square Footage: The facility shall be at least 1,600 square feet in floor area. Indoor Facilities: The facility shall have at least a men’s and women’s restroom, a full kitchen, gas or wood burning fireplace, and a minimum of 100 square feet of lockable storage.
  4. Outdoor Facilities: A minimum of 600 square feet of patio space plus sidewalks leading to and from the facility.
  5. Furnishings: The facility shall have commercial grade chairs, tables and other furnishings for large parties, large gatherings and large meetings. It should also have two (2) pieces of indoor play sets for children.
5. 5. Nature Center: The minimum standards for a "nature center" include all of the following:
  1. Location/Area: The nature center shall be located adjacent to or on a wooded lot, and shall be located on a minimum of a one-half acre (½-ac.) parcel.
  2. Four Seasons: The nature center shall be fully enclosed and heated and airconditioned. All mechanical equipment shall be substantially screened.
  3. Architecture: The nature center shall be designed to blend into the natural area and be complementary to the neighborhood.
  4. Square Footage: The nature center shall be at least 500 square feet in floor area.
  5. Indoor Facilities: The nature center shall have at least a men’s and women’s restroom, and twenty (20) educational displays, and a minimum of fifty (50) square feet of lockable storage.
  6. Outdoor Facilities: A minimum of 300 square feet of gathering space plus sidewalks leading to and from the facility. The gathering space and sidewalks leading to the nature center do not have to be concrete. They may be wood, stone, crushed limestone or similar natural material.
  7. Furnishings: The nature center shall have commercial grade chairs, tables and other furnishings for small parties, small gatherings and small meetings.
  8. Landscaping: The nature center shall have at least five (5) canopy trees planted around the facility if it is not located on or immediately adjacent to a wooded lot.
6. Swimming Pool: The minimum standard for a swimming pool includes all of the following:
  1. Area: The pool shall be at least 1,200 square feet in area when the subdivision has 150 dwelling units or less. The pool shall be at least 1,800 square feet in area when the subdivision has more than 150 dwelling units, and shall have a secondary pool feature (e.g. zero-depth pool entrance, tot pool, or splash pad).
  2. Fencing: A decorative, non-privacy, metal fence shall be installed as per the height required per code.
  3. Indoor Facilities: An enclosed men’s and women’s restroom/changing room are required in proximity to the pool.
  4. Patio: A hard surface area shall extend at least twelve (12) feet from the edge of the pool on all sides.
  5. Landscaping: Landscaping shall be installed around the facility and reflect the best characteristics of the neighborhood.
7. Indoor Playground: The minimum standards for an "indoor playground" include all of the following:
  1. Four Seasons: The facility shall be fully enclosed, heated and air-conditioned.
  2. Square Footage: The facility shall be at least 700 square feet in area.
  3. Architecture: The facility shall be designed to reflect the best residential characteristics in the neighborhood.
  4. Indoor Play Features: The indoor playground shall have at least two (2) slides, four (4) climbing apparatus, and two (2) additional optional apparatus. The ceiling height shall be at least fourteen (14) feet and the floor shall be effectively padded with a foam or rubber covering where appropriate.
  5. Other Indoor Features: The indoor playground shall have a men’s and women’s restroom and a minimum of fifty (50) square feet of lockable storage.

7.18 Owners Association Standards

Any development with common area, private streets, shared parking, amenity centers, retention pond, detention pond, and the like must meet the Owners' Association Standards.
Establishment of Owners Association:
1. An owners association is created in perpetuity to maintain all common property and common facilities.
2. An owners association is a legal mechanism providing shared ownership or shared responsibility of common property and common facilities. A board of directors or other means for representation in decision-making must be established.
3. The legal mechanism binding all property owners or vested parties must be recorded with the Hendricks County Recorder and be cross-referenced to each applicable lot or property.
4. The owners association is responsible for the administration of any covenants the development. The Declaration of Covenants must be recorded with the Hendricks County Recorder before selling a lot or unit.
5. Covenant language resulting from as a commitment or condition of approval must be clearly noted as non-amendable by the owners association in perpetuity.
6. The legal mechanism must include an association fee or other financial mechanism must be included in the legal mechanism and be equal to the financial needs of the owners association to maintain common property and common facilities, and to accumulate a reserve account for long-term large expenditures, emergencies, and contingencies.
The developer must not enter into any contractual obligation on behalf of the owners association that exceeds 1 year. Once the residents control the owners association, the renewal of such a contract is at the discretion of the owners association.
Failure of the owners association to maintain an effective legal mechanism or fulfill its responsibilities within that legal mechanism is deemed a violation of this Ordinance and may be subject to enforcement (see CHAPTER 9: ADMINISTRATION AND ENFORCEMENT).
Restrictive Covenant Standards:
1. Applicability: A Declaration of Covenants applying to each lot within a subdivision must be prepared and submitted for review as part of the application for subdivision approval. The applicant must provide a final copy of the Declaration of Covenants for review by the Administrator prior to recording.
2. The following language is required in the Declaration of Covenants:
  1. Language required by the Town may not be amended or removed without approval by the Avon Plan Commission. Waivers or variances to the language required by the Town of Avon will only be granted by the Avon Plan Commission or indicated authority.
  2. When private improvements such as street lighting, a retention pond and other drainage systems, and private streets and sidewalks located outside the right-of-way are installed, the Town of Avon will never be obligated to accept the private improvements as public property. The Town of Avon bears no financial responsibility for operation or maintenance costs associated with the private improvements. The owners association bears the cost of operation and maintenance. In the event the owners association fails to maintain the private improvements, the Town of Avon may make the improvements and assess each property for the project cost plus administration costs.
  3. Unless approved by the Avon Public Works Director, no fence, wall, building, or other obstruction may be placed or maintained in an area designated on the plat as a drainage or utility easement. Unless approved by the Avon Public Works Director, there can be no alteration of the grades or contours within the easement area.
  4. When landscaping is installed in common areas or easements, the owners association is responsible for maintaining the plant material in healthy condition, removal of dead or diseased vegetation, and/or replacement of landscaping.
  5. Once rights-of-way are platted, the Town of Avon obtains ownership of the area within the right-of-way. The Town of Avon retains the right to reasonably remove any tree or shrub impeding work to be performed by the Town and/or all public utilities, or other properly authorized users, even if the owners association is assigned financial, maintenance, or replacement responsibility. However, action by the Town of Avon will not result in an unnecessary or unfair financial burden to the owners association.
  6. Each owner agrees that the Town of Avon, Indiana, is authorized and empowered to require the owners association and each owner, jointly and/or individually, to provide for the orderly maintenance and upkeep of the common areas. The Town may determine the common areas are being maintained in a manner dangerous or detrimental to the public health, safety and welfare, according to the provisions of the Avon Town Code. After providing 30 days’ notice to the owners association, the Town may enter the common area and make any repairs or improvements necessary to remedy such conditions. The owners association is obligated to pay to the Town the costs for all improvements, work, and/or labor, provided to the common areas within 15 days of receipt of a statement from the Town. The statement is required to be served only upon the president of the owners association. All individual owners hereby waive notice of receipt of the statement for such costs. To secure payment, a continuing lien will arise and charge against each lot in favor of the Town in an amount including costs and reasonable attorneys' fees to the extent permissible by law. The Town may bring an action of law against the owners association and/or any owner or foreclose a lien against any property owned by any owner. Neither the owners association nor any owner may waive or otherwise escape liability for the cost incurred by the Town described here.
3. Whenever a private covenant land use regulation imposes a greater restriction or a higher standard than required by a provision this Ordinance, the Town is not obligated to enforce the provisions of the private covenant.

7.19 Pedestrian Network Standards

Developments must integrate an interior and exterior pedestrian network comprised of concrete sidewalks and/or asphalt side paths for pedestrian transportation and recreation. This network must be consistent with the Avon Bicycle and Pedestrian Plan. Details about when and where sidewalks are required are indicated in the Avon Bicycle and Pedestrian Plan. If not indicated, the Administrator determines the appropriate sidewalk or side path requirements.

Sidewalks or side paths should be located one foot inside the right-of-way to be dedicated to the Town. If utility poles, trees, or other features complicate installation, then the sidewalk or side path may extend into common areas or private property if a pedestrian easement is created and executed.
Sidewalks must be spaced away from the curb to create a tree plot and to provide pedestrian separation from vehicles. as indicated in the Town of Avon Construction Standards.
The minimum sidewalk or sidepath width is according to the Town of Avon Engineering and Construction Standards.

7.20 Stormwater Standards

Subdivisions must provide for the collection and management of all storm and surface water drainage.
Cross-reference:
1. Developments within the zoning jurisdiction of the Town of Avon must meet or exceed the Town Stormwater Management Ordinance. (See Title V.· Chapter 54 Stormwater Management in the Town of Avon Code of Ordinances.)
2. Developments outside of the Town of Avon's municipal limits and developments accessing a county legal drain must meet or exceed the standards of Hendricks County per the Hendricks County Surveyor's office.
3. Drainage facilities must be constructed to meet or exceed the Town of Avon Construction Standards.
Proposed drainage facilities must meet the following conditions:
1. Proposed drainage facilities must be in common areas or on private property with the necessary utility and drainage easements created and executed.
2. A proposed retention pond or detention facility must have an access easement at least 20 feet wide from at least one public right-of-way or private street for either public access or maintenance access. This access easement may also be a drainage easement but must be obstacle free and graded for work trucks and earth moving equipment to access the drainage facility. If limited to maintenance access, the homeowner's association and its contractors, Hendricks County government, and Town of Avon government will be named and granted rights to utilize the easement.
3. Proposed drainage facilities will be inspected during construction by the Avon Public Works Director or a professional engineer at the expense of the applicant to certify compliance with this Ordinance and Title V.· Chapter 54 in the Town of Avon Code of Ordinances.
The applicant may propose a "Low Impact Design" solution that meets or exceeds the intent of the Stormwater Standards. The Plan Commission encourages low impact design and will determine whether the proposed green stormwater management system meets or exceeds the Stormwater Standards. Any alternative solution is subject to Avon Public Works and Avon Stormwater Engineer review and approval.

7.21 Street And Right-Of-Way Standards

Applicability: Proposed developments must allocate adequate areas for new streets in conformity with 7.8 Principles and Standards of Design and the Thoroughfare Plan.
Thoroughfare Plan: The Thoroughfare Plan is declared to be a part of this Ordinance.
Compliance with Thoroughfare Plan: In addition to meeting requirements of the Americans with Disabilities Act (ADA), developments abutting or adjoining streets designated on the Thoroughfare Plan must conform to the requirements of the Thoroughfare Plan regarding the dedication of rights-of-way.
Dedication of Public Improvement Standards:

Project Applicability: The following standard applies to a subdivision containing public streets, public sidewalks, public side paths, or public trails.

Right-of-way: The primary plat and final plat must show the necessary right-of-way for each public facility. The right-of-way is considered dedicated upon final plat approval.

Exclude Atypical Features: The Town of Avon may elect to not allow atypical access and parking facilities to be included in the proposed right-of-way, such as alleys, driveway aprons, access roads, unusual on-street parking, or eyebrows.
1. Performance Surety: Prior to recording the final plat, a performance bond must be provided to the Town in the amount of 110% of the total cost for the public streets, public sidewalks, public side paths, public trails, erosion control, street signs, boundary markers and monuments, drainage improvements, and mass excavation.
2. Exemption: The responsibility for a surety for sidewalks may transferred to a builder if the builder has purchased the lots or has exclusivity to develop lots within the development. If this practice is utilized, the builder provides a surety equal to 20% of the total cost of the sidewalk for each lot under the builder's control.
3. Other Public Facilities: The Avon Town Council may allow other facilities to be dedicated to the Town. Under no circumstance is the Town Council required to accept other public facilities. These facilities may include parks, open space, retention ponds, public utilities, drainage facilities, or street lighting in which the Town may have interest. Performance bonds may be required.
Street and Access Standards:
1. General: All developments must provide adequate access to the existing street network and allocate adequate areas for new streets consistent with the Thoroughfare Plan and all other applicable ordinances. All street improvements, private or public, must be designed, constructed, and installed to meet or exceed the requirements of this Ordinance and the Town of Avon Construction Standards.
2. Design Principles: Streets must create conditions favorable to health, safety, convenience, and the harmonious development of the community; give consideration to connectivity to adjacent parcels; and provide access to the Town’s existing street network.
  
  Permanent dead-end streets are prohibited. Cul-de-sacs and stub streets are not considered dead end streets.
  
  Eyebrow streets are prohibited as part of the right-of-way. Eyebrow streets may be used but must be privately maintained by the owner's association or the contiguous lot owners who gain access from the eyebrow street.
3. Connectivity: Developments must provide stub streets to connect to adjacent properties that meet the following criteria:
  1. Where the development abuts land that has established stub streets, built or platted, the applicant must design the street system to connect to those stub streets.
  2. Where the development abuts undeveloped land, stub streets may be proposed by the applicant. Generally, each side of the development not bordering a public street should have at least one stub street. In large developments, additional stub streets may be necessary to provide adequate connectivity to adjacent properties. The final number and location of stub streets is determined by the Administrator and the Avon Public Works Director.
  3. Regard is given to the Thoroughfare Plan for the Town of Avon.
4. Stub Streets: Stub streets must be constructed at the same time other streets are built within the development. A sign indicating the stub street will connect to a future development is placed at the end of each stub street and maintained in perpetuity by the owner's association. A vehicular barricade must also be installed at the property line.
5. Temporary Turnarounds: A temporary turnaround is required for each stub street and a temporary turnaround easement must be provided for the turnaround. When a temporary turnaround is required, the applicant executes a temporary turnaround easement instrument in favor of the general public through the Avon Town Council. Alternatively, a temporary turnaround easement certificate may be placed on the plat to be recorded. The easement instrument must:
  1. Identify the development with which the temporary turnaround easement is associated.
  2. The temporary turnaround easement grants the general public the right to access the easement for purpose of maneuvering vehicles.
  3. The temporary turnaround easement grants the Town of Avon the right to alter, repair, maintain, or remove the improvements.
  4. The temporary turnaround easement prohibits any person from parking vehicles within the easement.
  5. The temporary turnaround easement prohibits any person, including the property owner, from placing any obstruction within the easement.
  6. The temporary turnaround easement is binding on all heirs, successors, and assigns to the property on which the temporary turnaround easement is located.
  7. The temporary turnaround easement is enforceable by the Town Council, the Avon Public Works Director, the Plan Commission, the Administrator, or the Town of Avon's Attorney.
  8. The temporary turnaround easement automatically terminates upon the Town’s acceptance of a connecting street. Otherwise, the temporary turnaround easement can only be modified or terminated in a manner specified in these Subdivision Regulations.
  9. When a temporary turnaround easement instrument is used, it must cross-reference the most recently recorded deed to the property on which the easement is to be established; include a metes and bounds description of the easement; and be signed by the property owner of record granting the easement and by authorized representatives of the Avon Town Council accepting the easement.
  10. When a temporary turnaround easement certificate is used on a final, the dedication and acceptance of the easement is accomplished by a Certificate of Dedication signed by the property owner of record granting the easement, and a Certificate of Acceptance signed by the appropriate representative of the Avon Town Council. These documents are recorded with the final plat and cannot be part of any Declaration of Covenants for the development.
6. Gated Entrances: Developments may have gated entrances. Gated entrances must have an apparatus installed to allow emergency vehicles and utility providers quick and easy access to the development. The gates must allow the largest fire truck in service in the Town to easily turn into the development.
  
  Gated Entrances must be approved by the Avon Fire Department, Avon Police Department, and the Department of Public Works. Any street separated from the public street network by a gated entrance must be a private street.
7. Boulevard Entrances:
  1. Smaller developments may have a boulevard entrance. Developments with over 75 residential lots or 10 or more non-residential lots are required to install a boulevard entrance.
  2. A boulevard entrance must extend at least 50 feet from the perimeter street's right-of-way.
  3. The center planting strip must be at least 10 feet wide. It remains public right-of-way and is subject to all applicable Town standards and regulations.
8. Intersections:
  1. Intersections of more than 2 streets at one point are not permitted.
  2. Wherever possible, new local streets should align with existing local streets. Local street intersections with centerline offsets less than 125 are prohibited.
9. Proposed Street Names: A unique name is required for each street within the development at the time of initial application. The proposed street names must meet the following criteria:
  1. Streets that are extensions, continuations, or in alignment with any existing street, platted right-of-way, or recorded access easement, must continue the name of the existing street.
  2. The root street name (e.g. Maple) cannot duplicate or be phonetically like any existing street name.
  3. Deviations in suffix names (e.g. Street, Court, or Avenue) do not constitute a unique name (for example, if Maple Street existed, the name Maple Court would not be permissible).
  4. Streets within a large development or separate developments within proximity may be authorized to use the same root name by the Plan Commission.
10. Address Numbers: The applicant proposes street address numbers for all lots consistent with the Town's existing address scheme and the requirements of the Hendricks County E-911 System.
11. Approval Authority: While the applicant proposes street names and address numbers, the Plan Commission has the authority to approve or deny any proposed street name or address number.
12. Renaming Authority: Existing Street names and address numbers approved by the Plan Commission cannot be changed without Plan Commission approval.
  
  The Plan Commission has the authority to require a new name for any street if the name proposed by the applicant is unacceptable. If an acceptable street name is not proposed by the applicant, the Plan Commission renames the street prior to final approval. Likewise, if an unacceptable address number is proposed for a lot, the Plan Commission has the authority to assign a new address number to any lot prior to final approval.
Additional Rights-of-way Required: When a development abuts or includes an existing street that does not meet the minimum right-of-way widths established in the Thoroughfare Plan, the applicant dedicates additional width along the street sufficient to meet the requirements of the Thoroughfare Plan. If the applicant only controls property on one side of the street, sufficient right-of-way must be dedicated to bring the half right-of-way up to the width required in the Thoroughfare Plan.
1. Off-site Street Improvements: When a development requires off-site street improvements, such as a passing blister, acceleration lane, or deceleration lane, and inadequate right-of-way exists to install the off-site street improvement, the applicant must make a good faith effort to acquire property sufficient for the installation of the offsite improvement. If the owner of the property on which the off-site improvement is to be installed refuses to sell the property to the applicant, the applicant provides the Administrator with copies of all surveys, appraisals, written offers made by the applicant, and correspondence from the property owner.
2. Eminent Domain: When the installation of off-site street improvements is required, it is because those off-site street improvements are vital to the health, safety, and welfare of the motoring public. As a result, the Town may begin eminent domain to acquire public right-of-way sufficient for off-site street improvement after receiving the documentation illustrating the applicant’s failure to acquire the needed property. Upon completion of the eminent domain proceedings, the applicant reimburses the Town in an amount equal to the cost of the land, cost for any condemnation on that land, and the cost to relocate any features.
3. Installation of Improvements: The applicant then installs the off-site street improvement to meet or exceed the Town of Avon Construction Standards.
Private Street and Access Standards:
1. Applicability: Private streets are permitted but must meet or exceed the standards for public streets established within these Subdivision Regulations and the Town of Avon Construction Standards.
2. When a private street easement appears on a plat, the following language is required on the plat:
  
  The developer of this real estate covenants and warrants on behalf of itself and all future owners of lots within this subdivision or development that because the streets are private, all maintenance, repairs, and replacement, now and forever, must be undertaken at the expense of the lot owners (or unit owners) according to the terms and conditions set forth in the owners association by-law and articles. No governmental entity is responsible to maintain, repair, or replace any private street.
3. Private streets must be located within private street easements not rights-ofway. All private street easements must meet or exceed the standards for rights-of-way established within these Subdivision Regulations, the Thoroughfare Plan, and the Town of Avon Construction Standards.
4. The applicant must execute a private street easement instrument in favor of the future lot owners or unit owners to when the private street provides access. The language of the private street easement instrument must:
  1. Identify the development with which the private street easement is associated.
  2. Grant future owners the right to access the easement for purposes of accessing their lot or unit.
  3. Specify the financial responsibilities of the future with respect to the alteration, repair, maintenance, and removal of the improvements.
  4. Prohibit future owners or any other person from placing any obstruction within the easement.
  5. Require that the private street be built to the Town of Avon Construction Standards.
  6. Be binding on all heirs, successors, and assigns to the property on which the easement is located.
  7. Be enforceable by the future owners, the Town, and any other specially affected persons entitled to enforce the easement.
  8. Provide for modification or termination in the manner stipulated in these Subdivision Regulations.
  9. Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.
  10. Include a metes and bounds description of the easement.
  11. Be signed by each property owner granting the easement and by an authorized representative of future lot or unit owners accepting the easement.
Private Street Easement Certificate:
1. When a final plat is being recorded, the applicant may choose to add the private street easement certificate below to the final plat rather than record a separate easement.
2. Areas show on this plat designated as a "Private Street Easement" are established in favor of the adjoining property owners that are hereby granted the right to enter the easement for purposes of accessing their lot. The easement prohibits the property owners or any other person from placing any obstruction within the easement. The easements are binding on all heirs, successors, and assigns to the property on which they are located. The adjoining property owners or the Town of Avon may enforce the provisions of the easement. The easement can only be modified or vacated in the manner stipulated in the Town of Avon UDO.
3. The dedication and acceptance of Private Street Easements shown on a recordable instrument must be accomplished via a Certificate of Dedication and Acceptance signed by the property owner of record granting the easement, and a Certificate of Acceptance signed by an authorized representative of the future owners.
4. If a Declaration of Covenants is included on the recordable instrument, the Private Street Easement Certificate must be clearly separate from the Declaration of Covenants.
Alley Standards:
1. General: In order to better allow diversity in subdivision developments, alleys may be used to provide access to lots intended for single-family dwelling units to accommodate side-load garages, rear-load garages, or detached garages.
2. Design Principles:
  1. Associated Right-of-way or Easement: Alleys must be in an easement that is at least 16 feet in width or located in a right-of-way if the Avon Town Council agrees to dedication.
  2. Pavement Width: Alleys must have pavement that is at least 12 feet in width.
  3. Curb: Alleys are not required to have curb except when the alley is within a right-of-way or private street easement where the associated street is required to have curb. In cases where an alley and curbed street intersect, the minimum curb radius is 8 feet.
  4. Intersections: Alley intersections with streets cannot exceed 20° from perpendicular to the streets.
3. Construction Standards: Alleys, public or private, must be constructed to meet or exceed the Town of Avon Construction Standards.
Street and Access Standards; Residential:
1. Access Points: Vehicular access for the development must be provided as follows:
  1. Small Developments: A subdivision with less than 50 lots or dwelling units must have at least one street access onto an appropriate perimeter street.
  2. Medium Developments: A subdivision with 50 to 200 lots or dwelling units must have at least 2 street accesses onto appropriate perimeter streets. The 2 street access points must be on different perimeter streets or at least 1,200 feet from one another if located on the same street. One of the required streets access points may include connecting to an existing stub street.
  3. Large Developments: A subdivision with more than 200 lots or dwelling units must have at least 3 street access points onto appropriate perimeter streets. The 3 street access points must each be on different perimeter streets or at least 1,200 feet from one another if located on the same street. One of the required streets accesses may include connecting to an existing stub street.
2. Frontage Streets: Any development with a single-family detached dwelling unit fronting an arterial street, must provide a frontage street unless the single-family detached dwelling unit is the only property within 400 feet that obtains access from the same arterial. The Administrator or Avon Public Works Director may require frontage streets in other circumstance to ensure a safe and efficient future transportation network. Frontage streets must meet the following conditions:
  1. Frontage streets must generally run parallel to the arterial street and be separated a minimum of 30 feet (edge of pavement to edge of pavement) from the arterial street they parallel.
  2. Frontage streets must accommodate two-way traffic.
  3. Right-of-way or private street easement for a frontage street must be at least 40 feet in width.
  4. A frontage street must have a minimum pavement width of 24 feet when parking is not permitted, or 28 feet when parking is permitted on one side.
  5. Sidewalks are required on both sides of a frontage street that has residential lots deriving their access from the frontage street.
  6. A frontage street less than 300 feet in length or serving 5 or fewer properties must have one ingress/egress point onto a street. All other frontage streets are permitted up to 2 ingress/egress points onto street.
  7. Each ingress/egress point must be at least 150 feet from any intersection and any other ingress/egress point on the same or opposite side of the street. Ingress/egress points that align across the street from each other do not require separation.
3. Access on Signature Streets: Access along streets indicated as Signature Streets on the Thoroughfare Plan is limited, unless restricted through another overlay ordinance. Full access will be permitted every half mile along Signature Streets. A waiver is required to have a full access entrance at intervals less than this standard. Waivers are approved at the discretion of the Plan Commission and according to the procedures and standards established in the subdivision regulations.
Street and Access Standards; Non-residential:
1. Access Points: An applicant must propose the minimal quantity of ingress/egress points to provide safe, efficient, and adequate access for the various types of vehicular traffic that will access the development. The Administrator makes the final determination.
2. Access Streets: Any non-residential development that fronts an arterial street and has 2 or more lots or a multiple tenant building must provide an access street as the primary access. Commonly, an access street is perpendicular to the arterial street providing access to lots fronting the arterial street (typically outlots) and the second-tier commercial lots (often the anchor lots). The Administrator and Avon Public Works Director may require access streets to ensure a safe and efficient transportation network. Access streets must meet the following conditions:
  1. Access streets must generally run perpendicular to the arterial street and be at least 150 feet from the arterial street (measured from the edge of pavement to the edge of pavement).
  2. Access streets must accommodate two-way traffic.
  3. The right-of-way or private street easement for an access street must be at least 40 feet wide.
  4. Pavement width for an access street is a minimum of 24 feet.
  5. Parking is not be permitted on an access street.
  6. Sidewalks must be provided on one side of access streets and be integrated into the overall pedestrian network of the development.
  7. An access street serving a development less than 15 acres is permitted 2 ingress/egress points onto a street. Developments 15 acres or more may have a maximum of 3 ingress/egress points onto a street.

7.22 Street Light Standards

Street lights must be installed within the rightof-way at all intersections where internal streets intersect with arterial streets or collector streets. These streetlights must meet the Town of Avon Engineering and Construction Standards.

7.23 Street Sign Standards

All streets, public or private, must have signs necessary to provide a safe environment for drivers and pedestrians, and to provide information for locating streets, addresses, or development amenities.
Applicable Standards: The Town of Avon's policies and the Manual on Uniform Traffic Control Devices for Streets and Highways (current version adopted by the Indiana Department of Transportation) are used to determine the type, size, height, and location of each of these signs.
Regulatory Signage Plan: A regulatory signage plan must be submitted to the Department of Public Works. All proposed signs must be approved by the Department of Public Works prior to installation.
Public Safety Signs: The applicant must coordinate with the Public Works Director before purchasing and installing any public safety related street sign. The Public Works Director makes the final determination regarding the location and height of each sign. All public safety related street signs must be installed prior to any street being open to the public.
Street Name Signs: The applicant coordinates with the Public Works Director before purchasing and installing any street name sign. One street name sign is required for each intersection within the development and on all perimeter intersections. The Public Works Director makes the final determination regarding the location and height of each sign.
Installation Timing: All street name signs must be installed prior to any street being open to the public, and prior to any home or building construction commencing on that street.
Custom Street Signs: The applicant may propose an alternative to the standards for street signs. Approval by the Administrator and the Public Works Director is required. The Owner's Association is responsible, in perpetuity, for maintaining all custom street signs.

7.24 Surety Standards

Performance Surety: All applicants must provide a performance surety to the Town for any street, sidewalk, path, trail, public utility, drainage facility, mass excavation, or any other facility that is intended and desired to be dedicated to the Town. Performance surety for erosion control and landscaping may also be required when requested by the Plan Commission. All such facilities, any off-site improvements committed to by the applicant, and any off-site improvements required as a condition of approval must be covered by the performance surety. The performance surety must be accepted by the Avon Town Council prior to recording the final plat. Any final plat approval recorded in error of this provision must provide a performance surety at the time of discovery.
1. The performance surety must:
  1. Be in an amount equivalent 110% of the estimated completion cost of installing the improvements in compliance with the Subdivision Regulations and the Town of Avon Construction Standards.
  2. Be a type of surety satisfactory to the Avon Town Council (e.g. bond or letter of credit).
  3. Run to and be in favor of the Town of Avon, or Hendricks County if the improvement is outside the town's corporate limits.
  4. Specify the date that the improvements are required to be completed.
  5. Be submitted in a form approved or provided by the Avon Town Council or its legal counsel.
2. Phasing of Development: If a development is intended to be built-out in phases, the following options may be approved by the Town Council:
  1. Option One: The applicant provides a Performance Surety for all phases of the development, regardless of how many months or years the development is expected to take to build-out.
  2. Option Two: The applicant proposes a phasing plan to the Town Council prior to final plat approval. If the proposal is accepted, the applicant provides a performance surety for the first phase(s) of the development and signs a binding agreement with the Town Council stating that the applicant must maintain ownership of all lots and land outside of each phase that has been approved for development. No lot or property can be sold or committed in phases of the development that have not been approved for commencement or that are not subject to a performance surety. Additionally, the applicant must sign a contract with the Town Council stating it will support and not interfere with the vacation of plat, vacation of right-of-way, and/or reversion of approval granted to the applicant for any phases of the development yet to be authorized in the event that the applicant defaults on any authorized phase of the project requiring the Town Council to claim the surety for its completion. If default occurs, at the request of the Town Council or at the discretion of the Plan Commission, the Plan Commission may vacate the plat, vacate the right-of-way, and/or revert any approval granted to the applicant for phases left undeveloped to protect the Town from having to pay for public improvements in any phases remaining without a performance surety.
3. Duration of Surety: All performance sureties must be effective from the final plat approval date and cannot terminate until:
  1. As-built Drawings: As-built drawings stamped by the applicant's engineer for stormwater drainage, utilities, streets, pedestrian facilities and any other public facility are submitted in hard copy and in the Town's required digital format.
  2. Final Construction: The final construction has been inspected by the Avon Public Works Director and stated in a report that the improvement meets the Town of Avon Construction Standards,
  3. Town Council Concurrence: The Town Council concurs with the Public Works Director's report, and
  4. Maintenance Surety: The Town Council has been provided with a maintenance surety as described below, if applicable.
4. Incremental Release of Surety: The Town Council may release increments of a performance surety once portions of an improvement have been completed and after that portion of the improvement has met the requirements in Section 3 above.
Maintenance Surety: The applicant must provide a maintenance surety to the Town for any improvement made that was subject to a performance surety, prior to the performance surety's release.
1. The maintenance surety must:
  1. Be for 25% of the total cost to complete the improvements.
  2. Be a type of surety satisfactory to the Town Council (e.g. bond or letter of credit).
  3. Run to and be in favor of the Town of Avon, or Hendricks County if the improvements are outside the town limits.
  4. Specify that it expires after 3 years from the date the improvement was released from the performance surety. However, the Town Council may reduce the duration of the maintenance surety by up to 3 years if cause, evidence, or risk assessment shows that a 3 year duration is not necessary.
  5. Be submitted in a form approved or provided by the Town Council, or its legal counsel.
  6. Warrant the workmanship and all materials used in the construction, installation, and completion of the improvements, and that the installations are of good quality and have been constructed and completed in a workmanlike manner according to standards, specifications and requirements of this Subdivision Regulations and the Town of Avon Construction Standards.
  7. Include a certification from the applicant that all required improvements for the development follow these Subdivision Regulations and according to the approved plans and specifications.
2. Release of Surety: The maintenance surety is released upon its expiration date without formal action by the Town of Avon unless a claim has been filed against the maintenance surety prior to the expiration date. Once all claims have been settled, the maintenance surety is released by the Town of Avon.
3. Exemption: The Town Council may, at its discretion, waive the requirement for a maintenance surety if it determines it is not in the interest of the Town to require a maintenance surety, or if the risk of premature failure of the improvement is negligible.

7.25 Utility Standards

Under no circumstances can any reference to “utility” or “utilities” within these Subdivision Regulations apply to or supersede design and construction standards from a non-Town of Avon water or wastewater utility. Specifically, this exemption separates design and construction, waiver, dedication of improvement, performance and maintenance surety, and easement standards from being applicable to a non-Town of Avon water or wastewater utility. However, the following Town of Avon design and construction standards still apply:
1. The location, spacing, and type of fire hydrants or requirements for looping of water lines used to supply hydrants still apply.
2. The procedural requirement for coordinating all utilities and surface infrastructure within a subdivision. The Town of Avon must have access to draft utility plans, documents, or plans submitted for review to utility providers, identified or proposed design alternatives, correspondences between parties, or notes on design decisions.
3. A representative from the Town of Avon may attend meetings between the developer and the utility provider.
4. All new development must be installed with centralized water and sewer facilities except for large lot residential uses in AG, E-1, and AGO-1 districts where individual septic systems and wells may be used because centralized water and sewer facilities are unavailable or cannot be reasonably extended to the site.
Wastewater and Water Utility:
1. Wastewater: A wastewater utility collection system must be provided by the developer per the applicable wastewater utility's installation standards.
2. Water: A water utility distribution system must be provided by the developer per the applicable water utility's installation standards.
3. Wells: Within any subdivision developed under this Ordinance, a well is only be permitted for the purpose of filling and replenishing a water feature.
4. Wastewater and Water Utility Location: The wastewater collection system and the water collection system must be in the right-of-way or within an area designated as a utility easement.
5. Hydrants:
  1. Spacing and Location: The spacing and location of each hydrant must comply with the Town of Avon Construction Standards.
  2. Looping: Water lines used to supply hydrants may be required to be looped when determined to be necessary for public safety, based on Fire Department and Town of Avon Construction Standards.
Stormwater Utility:
1. Easement: A drainage easement must be established for all drainage swales, retention ponds, detention ponds, storm drains, etc., except when within a right-of-way.
2. Easement Width: A drainage easement must meet the Town of Avon Stormwater Management Ordinance.
3. Construction Standards: All stormwater facilities must meet or exceed the Town of Avon Construction Standards.
Gas, Electric, and Communications Utility:
1. Easement: An easement must be established along a right-of-way or in rear yards. Easement widths are a minimum of:
  1. When Asymmetrical Along a Rightof-Way: 20 feet wide on one side and 10 feet wide on the other,
  2. When Symmetrical Along a Rightof-Way: 15 feet wide per side,
  3. Single-sided Along A Right-of-Way: 30 feet on one side,
  4. Rear Yard: 20 feet wide, or
  5. Side Yards: 20 feet wide.
2. Installation Standards: All gas, electric and communication facilities must meet or exceed the applicable State and corresponding utility's standards, and must utilize the least conspicuous markers, junction boxes and other above ground components available that meet the minimum installation standards.

7.26 Plat Certificates And Deeds Of Dedication

Applicability: Plat document information must be included on all plats.
Information Required on Plats:
1. Signature Block: The following signature block is required on all plats:
  
  I, (President), President, of the Advisory Plan Commission, Town of Avon, Hendricks County, Indiana, do hereby certify that the above plat and dedication was approved by the Town of Avon, Indiana, for filing in the Records Office of Hendricks County, Indiana, on the _____ day of _____________, 20__.
  
  ___________________________________
  (Name of President), President
  
  ADVISORY PLAN COMMISSION, TOWN OF AVON, INDIANA
  
  ATTEST:
  
  ___________________________________
  (Name), Director of Planning and Building
  
  PLANNING DEPARTMENT, TOWN OF AVON, INDIANA
2. Dedication Statement for Streets and Pedestrian Facilities: The following dedication statement must be included on all plats that are dedicating streets to the Town of Avon:
  
  That I do hereby dedicate for public use and benefit forever the streets/alleys shown hereon for all public purposes including but not limited to all street and pedestrian facility purposes and utilities, and the right of the Town of Avon, its assigns, and utilities to lay, install, operate, maintain, repair, replace, and remove and reconstruct any and all street, pedestrian, or utility facilities necessary or useful in providing services. Utilities include but are not limited to water lines, wastewater lines, storm drainage and stormwater lines, gas lines, communication facilities, utility poles, electrical power lines, equipment, cabinets, closures, manholes, conduit, cables, lines, and appurtenances.
3. Dedication Statement for Easements: The following dedication statement must be included on all plats that are dedicating easements to the Town of Avon or a utility provider:
  
  The easements shown on this plat are hereby granted and dedicated and reserved for the mutual use and accommodation of the Town of Avon and/or any granted public utility service provider desiring to use the easement for public or private utilities, including: water lines, wastewater lines, storm drainage and stormwater lines, gas lines, communication facilities, utility poles, electrical power lines, equipment, cabinets, closures, manholes, conduit, cables, lines, and appurtenances. All grantees shall have the right to remove and keep removed all or part of any structure, building, fence, tree, shrub or other improvement, growth, or obstruction which may in any way endanger or interfere with the construction, maintenance, operation or efficiency of the respective utility in, on, or under said easement strips. The Town of Avon and all granted public utilities shall at all times have the full right of ingress and egress to and from and upon said easement strips for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of the respective systems without the necessity at any time of procuring the permission of anyone.
4. Dedication Statement for Private Easements: Any private utility or similar which requires or requests the dedication of an easement must negotiate and establish the easement outside the regulations of the subdivision Regulations. Nothing in these Subdivision Regulations regulates or necessitates the granting of an easement to a private utility.
5. Private Streets: The following statement must be included on all plats that contain private streets:
  
  (Developer) hereby binds itself, its successors, and assigns to construct and maintain all streets, alleys, pedestrian facilities, drainage structures and drainage facilities located under, though, and on the access easement in the subdivision shown on this plat according to the requirements, standards, and specifications of the Town of Avon. All such improvements shall be subject to the right of inspection and approval by the Avon Public Works Director or Public Works department.
  
  The streets and alleys shown on this plat as access easements represent private streets and alleys. By acceptance of a deed conveying title to any lot in this subdivision, the owner thereof shall be deemed to have agreed and acknowledged as follows:
  1. The Town of Avon has no responsibility or liability to make any repairs to such streets, alleys, pedestrian facilities, drainage structures and drainage facilities located in the access easement.
  2. So long as such streets and alleys are private, the responsibility for maintenance and replacement thereof shall fall on the Owner's Association (the "Association"), its successors and assigns, or on the owners of the lots in this subdivision.
  3. Neither the property owners within this subdivision nor the Association nor any other association or other organization or entity representing them shall have the right to dedicate (whether by voluntary or involuntary act or omission) such private streets and alleys to the Town of Avon unless and until the Town of Avon has inspected such streets and alleys and determined that, at the time in question, they meet the Town of Avon’s Standards. Under no circumstances whatsoever shall the Town of Avon be required to accept responsibility for the maintenance of such streets and alleys until after the Town of Avon has inspected same and determined that they meet the Town of Avon's Standards and further determined in its absolute discretion that it desires to accept such responsibility. If the Town of Avon desires to accept a dedication of said streets and alleys and inspects the streets and alleys and determines that they do not meet the Town of Avon Standards, the Town of Avon shall not accept such dedication until the Owner's Association, its successors or assigns, or the owners of the lots in this subdivision make, at the owner, or the Owner's Association expense, all repairs required by the Town of Avon to bring the streets and alleys up to the Town of Avon Construction Standards.
  4. The provisions hereof shall be binding upon and enforceable against all property owners in this subdivision and the Association, its successors or assigns.
  5. These covenants and restrictions herein set forth shall run with the land and be binding on the owners, their successors and assigns, and all parties claiming by, through and under them shall be taken to hold, agree and covenants with the owners and their successors in title, and with each of them, to conform to and observe all restrictions and covenants herein, and said covenants and restrictions shall survive any replatting of a part of this property. Upon replatting of all or part of this property, the Town of Avon may require any lawful, similar or additional restrictions and covenants as it may require any lawful, similar or additional restrictions and covenants as it may see fit. These covenants and restrictions shall terminate when all the access easements shown on this plat are included within a replat of all or part of this property and are dedicated as public streets and/or alleys.
  6. Invalidation of any word, phrase, sentence, paragraph, covenant or restriction by court judgment or otherwise, shall not affect the validity of the other covenants or restrictions contained herein.
  7. If the owner or owners should open the private streets to the public, such shall be considered a temporary license only. The owner or owners, through the Owner's Association, reserve the right to close the street to the public at any time prior to formal dedication of the street to the public, and acceptance of the same by the Town of Avon.
  8. Until such time as the private streets shown herein are formally offered for dedication and formally accepted by resolution of the Avon Town Council, the owners of the lots shown hereon agree to release, indemnify, defend and hold harmless any governmental entity or utility for damages to the private street occasioned by the reasonable use of the private street by the governmental entity, and for damages to any party arising from the condition of said street. All governmental service vehicles, including, without limitation, law enforcement, fire, ambulance, schools, sanitation, building inspection, and health; and private or public utility providers shall have a right of access on, through, or under the private streets and alleys.
  9. The owner or owners of any lot or lots within this subdivision hereby agree and recognize that the entire subdivision is benefited by the Town of Avon allowing the owners to maintain and control access to the private streets shown hereon; and that the Town of Avon is benefited by having the value of the property enhanced for ad valorem tax purposes and not being under any maintenance obligations with respect to the private streets and alleys. For purposes of enforcement of these covenants, these benefits shall constitute sufficient and valid considerations.
6. Minor Amendment: The following statement shall be included on all plats that have obtained minor amendment approval:
  
  PLANNING DEPARTMENT STATEMENT: This amended plat is hereby approved according to the Town of Avon Subdivision Regulations.
  
  ___________________________________
  (Name), Director of Planning and Building
  
  PLANNING DEPARTMENT, TOWN OF AVON, INDIANA
  
  _________________________________ Date
  
  APPLICANT'S STATEMENT: As the owner or agent for the owner, I hereby endorse and adopt this "Amended Plat" for the sole purpose of _________________________________ (Fill in this blank with the explanation and reason that authorized said amendments to said plat).
7. Major Amendment: The following statement must be included on all plats that have obtained major amendment approval:
  
  ADVISORY PLAN COMMISSION STATEMENT: Amended plat approved by the Advisory Plan Commission of the Town of Avon, Indiana, on the _____ day of _______________, 20__.
  
  ___________________________________
  (Name of President), President
  
  ADVISORY PLAN COMMISSION, TOWN OF AVON, INDIANA ATTEST:
  
  ___________________________________
  (Name), Director of Planning and Building
  
  PLANNING DEPARTMENT, TOWN OF AVON, INDIANA
  
  APPLICANT'S STATEMENT: As the owner or agent for the owner, I hereby endorse and adopt this "Amended Plat" for the sole purpose of _________________________________ (Fill in this blank with the explanation and reason that authorized said amendments to said plat).
Plat Attachments: A transmittal letter is required to be submitted with each plat or plat set to be signed. The letter must list the name of the subdivision/development as well as the name of the applicant and contact information of the individual responsible for the plat.

7.27 Single-Family Architectural Standards Tables

7.27 Single-Family Architectural Standards Tables

Architectural Standards for Single-Family Dwellings. New single-family dwellings must meet the following architectural standards indicated in Table 7-1, 7-2 & 7-3.

Table 7-1

Architectural Requirements

Window Requirements. On homes exceeding one story, front facades must have at least four windows, side facades must have at least two windows, and rear facades must have at least four windows. On one story homes, front facades must have at least two window openings, side facades must have at least one window, and rear elevations must have at least two windows.

Masonry Wrap. A front façade masonry wrap is required on all homes. At a minimum, this is a masonry wainscot from the first-floor windowsill and continuing down to the foundation. On those lots that adjoin a common area, public park or public street, masonry wrap shall include any façade visible from common area, public park or public street.

Roof Overhangs. The main roof of the home must have roof overhangs at least 11”. (See Note 1 below)

Building Articulation. The front façade must have projections or recessions. This may be accomplished using (a) one offset at least 4’ deep and a minimum height equivalent of one story or (b) two offsets at least 2’ deep and a minimum height equivalent of one story.

Window Trim. Windows must have decorative trim, either (a) wood or composite trim at least 3 1/2” wide around all windows or (b) decorative trim detailing (e.g. arches, cornices, moldings, etc.), as architecturally appropriate. Shutters may be substituted for trim on sides of the windows and windows surrounded by brick or stone shall not require window trim. Shutter may be substituted for trim on the sides of the windows and windows surrounded by brick or stone shall not require window trim.

Corner Lots. Corner lot side elevations facing the street must have architectural detailing similar to the front façade (e.g. window trim, gable detailing).

Anti-Monotony Standards

All front facades and perimeter lot facades visible from, and adjoining a perimeter street, common area or park, must meet the following anti-monotony standards: (See Note 2 below)

▪ The same elevation and color scheme cannot be used on lots adjacent to the subject lot.

▪ Homes two lots away from the subject lot cannot use the same color scheme.

Notes:

Overhang requirement does not apply to architectural features such as dormers, shed roofs, porches, or areas with architectural enhanced decorative trim.
In determining if a building elevation meets this standard, the reviewer evaluates differentiation in the colors of the (a) siding, (b) siding accents, (c) trim, (d) front door, (e) shutters, and (f) brick or stone.

Table 7-2

Architectural Requirements

Window Requirements. Front facades must have at least four windows, side facades must have at least two windows, and rear elevations must have at least four windows.

Roof Overhangs. The main roof of the home must have roof overhangs at least 11” deep prior to the installation of masonry materials. (See Note 1 below)

Corner Lots. Corner lot side elevations facing the street must have architectural detailing similar to the front façade (e.g. window trim, gable detailing).

Siding Materials. Vinyl siding is prohibited.

Front Facades. Front Facades must have at least 12 design features listed on the Architectural Features Table (Table 7-3).

Corner Lot Side Elevations. Corner lot side elevations facing the street must have at least 6 design features listed on the Architectural Features Table (Table 7-3).

Perimeter Lots. Perimeter lot facades visible from the perimeter street must have at least 8 design features listed on the Architectural Features Table (Table 7-3).

Anti-Monotony Standards

All front facades, rear facades, and perimeter lot facades visible from, and within 100’ of a perimeter street, must meet the following anti-monotony standards: (See Note 2 below)

▪ The same elevation and color scheme cannot be used on lots adjacent to the subject lot.

▪ Homes two lots away from the subject lot cannot use the same color scheme.

Notes:

Overhang requirement does not apply to architectural features such as dormers, shed roofs, porches, or areas with architectural enhanced decorative trim.
In determining if a building elevation meets this standard, the reviewer evaluates differentiation in the colors of the (a) siding, (b) siding accents, (c) trim, (d) front door, (e) shutters, and (f) brick or stone.

Architectural Features Table: To encourage architectural diversity, no more than two architectural features per category may count toward the required number of features.

Table 7-3

Category 1 – Site Design and Building Mass
	Single-story dwelling, including a single-story dwelling with a loft less than 50% of the area of the first floor.
	Undulation in the width of the common area between the perimeter lot and the perimeter street. The common area width varies from 20’ to 50’ or greater.
	Interior streets within 15˚ of parallel of the perimeter street have a maximum length of 300’ before turning or ending in a cul-de-sac.
	The home is separated from the perimeter street by a landscape buffer at least 30 feet wide planted with at least 5 evergreen trees, 2 shade trees, 2 ornamental trees, and 15 shrubs per 100 lineal feet. Landscaping may be arranged to better screen buildings and allow views of open space.
	More than 50% of garage bays of the home have side-load, courtyard-load, or rear-load garage doors.
	One garage bay with a depth of at least 24 feet.
	Front-load garage doors recessed at least 2’ behind the front façade of the house or 4’ behind the posts of the front porch.
	Three or more garage bays provided.
	A covered porch at least 40 SF on the front façade.
	A sunroom or screened porch at least 120 SF on the side or rear façade.
Category 2 – Main Roof Design
	Two or more gables.
	Two or more dormers.
	A single dormer with 2 or more windows.
	A roofline change at least 1/3 the width of the elevation.
	Use of a hip roof if the abutting homes do not have a hip roof.
	A clipped hip roof extending at least 20% of the distance from the peak of the gable to the bottom of the gable.
	A minimum roof pitch of 8:12 on the main roof.
	Metal roof accents.
Category 3 – Exterior Materials
	At least 3 exterior materials or patterns are used on the elevation.
	At least 3 exterior colors are used on the elevation.
	100% masonry materials are used from the main roof line and continuing down to the foundation.
	Masonry materials are used from the first-floor plate line and continuing down to the foundation.
	An exterior fireplace chase finished in masonry material.
	Use of architectural garage doors.
Category 4 – Façade Projections and Recessions
	A bay window projecting at least 12” from the wall.
	An exterior fireplace chase extending at least 18” from the building façade and extending above the roof line.
	A second-floor cantilever projecting at least 12” over the first floor for at least 30% of the length of the building façade.
	A sunroom at least 64 square feet.
	A screened porch at least 64 square feet.
	Covered patio or covered porch, as a projection or recession in the building façade, at least 120 square feet.
Category 5 – Windows
	Multiple masonry material detailing (e.g. quoins, keystones, arches, soldier courses), as architecturally appropriate.
	At least 75 square feet of windows on rear building façades or at least 45 square feet on side building façades.
	Larger windows a minimum of 15 square feet each with proportions consistent with the architectural style of the home. At least 3 such windows are required for a façade to meet this standard.
	Window trim at least 5 1/2 inches wide around all windows of the dwelling. As an alternative, decorative window trim detailing (i.e. arches, cornices, crossheads, ornate moldings, pediments) may be considered by the Administrator if the trim otherwise results in a comparable visual contrast that enhances the architectural interest of the building façade.
	Use of shutters on all windows of the façade, where possible.
	A set of at least 3 bullet windows.
	A front door with a transom window and side lights.
	For historic homes, restoration of historic windows or use of new windows in proportions architecturally appropriate for the style of the home.
Category 6 – Architectural Detailing
	On a corner lot, the front porch wraps the corner and continues down the side elevation.
	Front porch columns have masonry detailing matching the façade (e.g. brick to the same brick height as used on the building elevation).
	Double columns used instead of single columns for front porches.
	The front porch is elevated at least 18” above the elevation of the sidewalk in front of the home.
	Architectural gable treatments (e.g. corbels under eaves, louvers with decorative trim, decorative bracing, etc.)
	Full pent roof across the bottom of gables.
	Shed roof detailing above large windows.
	Trellis over garage doors.
	Limestone cap on brick wainscot.
	Separation of materials or patterns using wood or composite trim.

HISTORY
Amended by Ord. 2024-38 on 9/12/2024

2024-38

Avon City Zoning Code

CHAPTER 7

Subdivision Regulations

7.1 Establishment Of Control

Application: These Subdivision Regulations and the standards established in this chapter apply to:
1. Subdivision of land,
2. Subdivision replat,
3. Plat vacation,
4. Plat amendment,
5. Combining of lots,
6. Property line adjustments,
7. Planned unit developments, and
8. Development plans.
Compliance: A development may only proceed after being in full compliance with all provisions of these Subdivision Regulations.
Exemptions: The following actions are exempt from these Subdivision Regulations. All exempt subdivisions must still be recorded at the office of the Hendricks County Recorder.
1. Corrections: A modification to lot lines to correct errors in an existing legal description, provided no additional building sites are created.
2. Right-of-Way: A division of land resulting from right-of-way acquisition for a federal, state, or local project.
3. Transfers: A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional building sites are created by the division.
4. Utility Easement: Transfer of land to a utility service provider or transfer through a recorded plat for buried utility lines.

7.2 Subdivision Process

Application Processes: An application and process for creating new buildable lots, combining 2 or more lots into fewer buildable lots, modifying a recorded plat, or adjusting lot lines. Divisions of land recorded at the office of the Hendricks County Recorder without being approved by these Subdivision Regulations cannot result in buildable lots. See 7.3 Major Subdivision of Land: Primary Plat, 7.5 Minor Subdivision of Land: Primary Plat, or 7.7 Subdivision of Land: Administrative for applicability and applicable procedures.
Exemptions: Condominiums regulated by IC 32-25 are exempt from this subdivision process and lot establishment standards outlined in these Subdivision Regulations but are not exempt from other applicable design standards.
Fees: The applicable fee from the Town's fee schedule must be paid at the time the application is filed. The application will not be considered substantially complete without the application fees.

7.3 Major Subdivision Of Land; Primary Plat

Purpose and Intent: A Major Subdivision Primary Plat provides the Plan Commission with the opportunity to review the details of a major subdivision of land to determine compliance with the provisions of this Ordinance and the Town of Avon Construction Standards.
Project Applicability: The major subdivision of land may occur in all zoning districts except the AG district. A Major Subdivision Primary Plat is prepared in conjunction with any proposal to subdivide property within the jurisdictional area of the Plan Commission.
Prerequisites:
1. Eligible Applicants: An application for a Major Subdivision Primary Plat is initiated by the owner of the land involved in the development or the owner's authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner must accompany the application.
2. Pre-application Conference: Before applying for a Major Subdivision Primary Plat, the applicant meets with the Technical Advisory Committee by contacting the Administrator who will arrange the meeting. At least one week prior to the meeting, the applicant provides sketch information in .pdf electronic file format to the Administrator for distribution to the Technical Advisory Committee. The sketch should contain: the geographic boundaries and acreage of the land to be subdivided, location of entrances, number of new lots, concept for stormwater management, and building product description. The Technical Advisory Committee may review the applicable zoning district regulations, determine the subdivision type, offer initial comments, provide resources, direct the applicant to relevant regulatory documents, and give procedural guidance.
3. Commitments: If any preceding approval (e.g., rezoning, annexation, variance, etc.) for the subject property included commitments relative to the proposed subdivision, those commitments must be recorded in the office of the Hendricks County Recorder prior to applying for a Major Subdivision Primary Plat.
Filing Requirements:
1. Application: An application for a Major Subdivision Primary Plat is made on forms provided by the Administrator, and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany a primary plat application. The Administrator or Plan Commission may request other information necessary to make a thorough review of the project.
  1. The names and mailing addresses of interested parties obtained from the Hendricks County Auditor's office.
  2. A site plan drawn at a scale of 1"=50' or 1"=100' unless otherwise approved by the Administrator prior to submission. The site plan must include:
    1. Proposed name of the subdivision including the words "Primary Plat."
    2. Name and address of the applicant.
    3. Name and address of the engineer preparing the plans.
    4. Date of latest submission or revision.
    5. North arrow and graphic scale.
    6. Proposed address for each lot.
    7. Area map showing the general location of the site referenced to major streets.
    8. Legal description of the site.
    9. Legal survey of the site including dimensions.
    10. Proposed names, center lines, and right-of-way widths of all streets and alleys.
    11. Location and dimensions of easements including a label indicating their function.
    12. Lot layout, lot number (progressively numbered within each phase if intending to build-out in phases), lot dimension, lot area, and applicable building setback lines applied to each lot.
    13. Location and dimensions of any existing structures.
    14. Location of all floodway, floodway fringe, and wetlands within or adjacent to the boundaries of the site.
    15. Existing and proposed contours based in U.S.G.S. datum with intervals of not more than 5 feet where the slope is greater than 10% and not more than 2 feet where the slope is less than 10%. Elevations are based on sea level datum.
    16. Areas reserved for park, recreation, conservation, wetland, common area, pond, lake, trails, entryway feature, or other similar uses.
    17. Stamp of registered professional engineer for all design documents and stamp of licensed surveyor for all legal survey and legal description documents.
    18. Statement of compliance with the Town of Avon Comprehensive Plan and the Town of Avon Unified Development Ordinance.
  3. Representative building elevations for each facade of primary structures including the following information.
    1. Intended building materials to be used for exterior walls, window, roof, and other notable exterior architectural features.
    2. Proposed placement, area, dimensions, and illumination details for any proposed wall sign.
  4. A Site Access and Circulation Plan. This plan may be incorporated into the required site plan or may be submitted as a separate plan. The plan must include:
    1. Proposed name of the subdivision including the words "Primary Plat."
    2. Name and address of the applicant.
    3. Date of latest submission or revision.
    4. North arrow and graphic scale.
    5. Names, center lines, and right-of-way widths of all existing and proposed streets, alleys, and easements within 100 feet of the site.
    6. All improvements to the street system on-site and off-site.
    7. Measurement of curb radius and/or flares.
    8. Location of proposed and existing pedestrian facilities.
    9. Location and details of all proposed street signs and wayfinding signs.
  5. A Utility Design Plan Drawn to Scale. The plan must include:
    1. The wastewater utility plan approved or submitted for approval by the provider according to their design requirements, or a plan already approved by the provider.
    2. The water utility plan approved or submitted for approval by the provider according to their design requirements.
    3. Location of all existing and proposed utility easements and labeled to indicate the purpose for the easement and to what entity it is granted.
    4. Location, depth, and description of all existing and proposed utility components for stormwater, electric, natural gas, communications, and the like. This includes the location and description of equipment, cabinets, and closures for electric and communication utilities; shutoffs and other surface located features for natural gas systems.
    5. Location and description of all street light fixtures.
    6. Location and names of regulated drains, ditches, and streams in or adjacent to the site.
    7. Contours sufficient to illustrate stormwater runoff.
    8. Stormwater drainage plan including estimated runoff.
  6. Traffic Impact Study.
    1. A Traffic Impact Study (TIS) is required when a proposed development meets or exceeds the following thresholds based on the Indiana Department of Transportation Traffic Impact Study Guidelines. The thresholds are: 150 or more dwelling units; 15,000 sf or more of retail space; 35,000 sf or more of office space; 70,000 sf or more of industrial space; 30,000 sf or more of educational space; 120 or more leasable rooms; 46,000 sf or more of medical space; or any proportional combination of the above.
    2. A registered professional engineer prepares and certifies the TIS. The TIS evaluates the impact of present and future traffic generated by the proposed development on the adjacent street system. Prior to commencement, the applicant meets with the Administrator and Avon Public Works Director to determine the minimal necessary scope for the TIS.
    3. The TIS includes a statement of coordination with the Town of Avon Comprehensive Plan and Thoroughfare Plan.
  7. A Statement of Development Buildout in writing and graphically depicted on the required site plan, including phasing boundaries and an estimate of the time frame for build-out of each phase.
  8. A landscape plan either on the required site plan or as a separate plan. The plan must include:
    1. Botanic and common name of all landscape material and description of minimal sizes to be planted.
    2. Basic characteristics of all landscape material, including height at maturity, and whether it is a canopy tree, understory tree, ornamental tree, evergreen tree, woody shrub, or other type of plant.
    3. Notation of existing landscape material that is intended to be saved in order to be counted toward minimum landscaping standards. Also, a description of how this landscape material will be guarded from grade change, surface water changes, encroachment of trucks, heavy equipment and storage of construction material, and from inadvertent damage.
    4. Description of and/or design drawings for any proposed landscape structures (e.g. entry features, fences, wall, benches), fountains, waterfalls, and other architectural features.
    5. Description and general design of proposed landscape mounds, including the flare edge, crown and a line depicting the midpoint between the crown and flare.
  9. The proposed restrictive covenants that apply to the development.
  10. Requested waivers from the design standards in these Subdivision Regulations (see 8.16 Waiver of Design Standards).
3. Deadline: The application and support information must be submitted at least 45 days prior to the public meeting at which it is intended to first be heard by the Plan Commission.
4. Required Quantities and Format of Submittals: The applicant submits 5 hard copies of the application and supporting information; 1 digital copy of the application and supporting information in .pdf format; and 1 digital copy of any drawings in .dwg file format.
Formal Procedure:
1. Application Submittal and Assignment: An application determined to be substantially complete by the Administrator, is assigned a case number and placed on the next available Plan Commission agenda occurring at least 45 days after submittal. The Administrator notifies the applicant of the hearing date.
2. Technical Review: The Administrator notifies the Technical Advisory Committee, utility providers, and other applicable agencies of the proposed development and asks for their review and comment on the plans based on this Ordinance, other town ordinances, and known County, State or Federal rules, regulations and law.
  
  The Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the application, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Administrator concerning the proposal and information from the Technical Advisory Committee and/or other agencies that have reviewed the proposal. A copy of the report is made available to the applicant and all interested persons prior to the public hearing.
3. Submittal of Revised Plans: The petitioner is given the opportunity to submit revised plans addressing concerns or compliance issues identified by the technical review process. Revised plans must be received at least 21 days prior to the Plan Commission meeting. The Administrator may ask for the revised plans to be forwarded to the Technical Advisory Committee further review. If unresolved issues persist, the application may be continued to the next Plan Commission meeting. Copies of the revised plan review are made available to the applicant and interested persons prior to the public hearing.
4. Public Notice: Notice of the public hearing is made in accordance with IC 36-7-4-706 and the Plan Commission’s Rules of Procedures. All costs associated with providing notice are borne by the applicant.
5. Public Hearing: A public hearing is held in accordance with the Plan Commission Rules and Procedures.
6. The Plan Commission reviews and hears:
  1. The application for primary plat and all supporting information.
  2. The testimony of the applicant.
  3. Information presented in writing or verbally by the Administrator, the Technical Advisory Committee, and other applicable departments.
  4. Input from the public during the public hearing.
7. Decision:
  1. The Plan Commission must take final action or continue the application to a defined future meeting date.
  2. If pursuing final action, the Plan Commission makes the following findings of fact:
    1. The proposal is consistent with the Town of Avon Comprehensive Plan.
    2. The proposal satisfies the applicable provisions this Ordinance and the Town of Avon Construction Standards.
    3. Any requested waivers must meet the requirements of 8.16 Waiver of Design Standards.
    4. The applicant has provided proof that the wastewater utility provider and water utility provider have approved utility plans per their specifications.
  3. Affirmation of findings may be in the form of a general statement. Findings that cannot be affirmed must specify the provision not in compliance.
  4. The Plan Commission may require the applicant to prepare a commitment concerning the primary plat to be made in writing prior to final action.
  5. Final Action: If the Plan Commission affirms the findings of, it approves or approves with commitments the application. If the Plan Commission does not affirm the findings of fact, it denies the application.
  6. If the primary plat is approved, the primary plat, support material, findings, documentation of final action, written commitments, and any conditions are signed and dated by the President of the Plan Commission. Written commitments are recorded in the office of the Hendricks County Recorder within 90 days of the Plan Commission's approval of the primary plat. Failure to record the commitments during this time period nullifies the approval.
  7. The Administrator provides the applicant a copy of the decision.
Duration: An approved primary plat is valid for 2 years from the date the Plan Commission grants approval. If the applicant fails to file for final plat approval for at least one phase of the development within that time frame the plat is void. The Administrator may grant up to two, 6-month extensions for cause as determined at their discretion.
Modification:
1. Major Amendments: The applicant is required to bring proposed major amendments to an approved primary plat to the Plan Commission for approval at a public hearing. Amendments requiring Plan Commission approval include:
  1. An increase in the total number of lots;
  2. Changes in lot area for any single lot of 20% or more,
  3. Changes in lot area for 10% or more of all the approved lots,
  4. Shifts the location of 20% or more of the approved lots;
  5. Reduction in or substantial redesign of perimeter landscaping;
  6. Widening an easement by 20% or 5 feet from the approved primary plat, whichever is greater;
  7. Changes to on-street parking resulting in a 10% or greater change in the total number of spaces, or the relocation of 10% or more of the approved on-street spaces;
  8. Modification of street design resulting in relocation of an intersection by more than 50 feet, shortening or lengthening a street segment by more than 10% of its original design length, or adding 50 or more lineal feet of new streets;
  9. Modification of pedestrian facility design resulting in the removal of sidewalks or sidepaths along a segment of street, reducing the width of a sidewalk by 6 inches or more, reducing the width of a sidewalk to less than 4 feet, reducing the width of a sidepath by more than one foot, reducing the width of a sidepath to less than 6 feet, or removing a mid-block crossing.
  10. Notable realignment of streets;
  11. A relocation of an entrance by 20 feet or more from its approved location;
  12. Any change that would result in noncompliance with the design standards in the Subdivision Regulations or a written commitment;
  13. A proposed minor amendment that adds to previously approved minor amendments, that cumulatively comprises a major change to the approved primary plat; or
  14. Any proposed deviation from a provision determined by the Administrator or Avon Public Works Director to be essential for protecting health, safety, and welfare.
2. Minor Amendments: The applicant may seek minor amendments to an approved primary plat that do not adversely impact the integrity of the approved primary plat and that do not require a major amendment approval. A minor amendment may be approved by the Administrator without a public hearing. A minor amendment authorized by the Administrator is reported in writing to the Plan Commission at the next regular meeting of the Plan Commission.
3. Affect on Utilities: Amendments must not affect easements designated and/or currently approved by the utility service providers.

7.4 Major Subdivision Of Land; Final Plat

Purpose and Intent: The Major Subdivision Final Plat must clearly define all plats and documents for recording.
Delegation of Powers: In accordance with IC 36-7-4-709 as amended, the Plan Commission delegates approval authority of a Major Subdivision Final Plat to the Administrator.
Prerequisites:
1. Primary Plat: A Major Subdivision Primary Plat must have already been approved by the Plan Commission. Final plans and supporting information regarding the primary plat must have already been submitted to the administrator prior to applying for final plat.
2. Commitments: Any written commitments required by the Plan Commission during the primary plat process have been recorded at the Hendricks County Recorder before applying for Major Subdivision Final Plat.
Filing Requirements:
1. Application: An application for a Major Subdivision Final Plat is made on forms provided by the Administrator and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany the application for a Major Subdivision Final Plat.
  1. Exact location of all monuments and markers.
  2. Plans showing final dimensions for lots, common area, rights-of-way, and easements.
  3. If infrastructure improvements are complete, the supporting information including as-built drawings stamped by a certified engineer for each infrastructure system, and copies of any required inspections or certifications. As-built drawings must also be submitted in the Town's required digital format to the Avon Public Works Director.
  4. If infrastructure improvements intended to be dedicated to the Town are not complete, detailed descriptions and locations of infrastructure to be installed, cost estimates from contractors for all infrastructure improvements, and a performance surety as detailed in 7.24 Surety Standards.
3. Deadline: The application and supporting information for final plat approval must be filed within 2 years of the date the primary plat was approved.
4. Required Quantities and Format of Submittals: The applicant submits 5 hard copies of the final plat application and supporting information; 1 digital copy of the application and all supporting information in .pdf; and 1 digital copy of any drawings in .dwg format.
5. Fee: The applicable fee from the Town's fee schedule must be paid at the time the application for a Minor Subdivision Primary Plat is filed. The application will not be considered substantially complete without the application fees.
6. Utilities: Infrastructure for utility providers and the associated as-built drawings become the property of the utility provider. The requirements for as-builts are at the discretion of the service provider.
Formal Procedure:
1. Assignment: A complete application for final plat is assigned a case number.
2. Technical Review: Once assigned a case number, the Administrator notifies the Technical Advisory Committee and other applicable agencies of the final plat and asks for review and comment on the plat.
3. Submittal of Revised Plans: The petitioner is given the opportunity to submit revised plats to address the comments raised by the Technical Advisory Committee.
4. Decision:
  1. The Administrator makes findings of fact as part of final action on the application for final plat.
  2. The Administrator makes the following findings of fact.
    1. The subdivision is consistent with the Major Subdivision Primary Plat approval.
    2. A performance surety for unfinished improvements is in place and meets the requirements for a performance surety.
    3. A maintenance surety for finished, inspected, and approved improvements is in place and meets the requirements for a maintenance surety.
    4. An agreement has been signed and filed restricting the applicant from selling, reserving, or committing future lots (i.e., phases that have not received final plat approval) or lots that do not have streets constructed giving access to the public street network. Transfer of the entire subdivision or a phase of the subdivision is permissive.
    5. The subdivision satisfies the requirements of the Town of Avon Construction Standards.
  3. Findings may be in the form of a general statement. Findings that cannot be affirmed must specify the provision not in compliance.
  4. If the Administrator makes affirmative findings of fact, the Administrator tentatively approves the final plat. If the Administrator does not find all the findings of fact in the affirmative, the Administrator denies the final plat.
  5. If the final plat is tentatively approved, the Administrator signs and dates the findings and documentation.
  6. The Administrator conveys a copy of the findings and documentation of action to the applicant. If the final plat was tentatively approved, the Administrator requests the applicant prepare the final plat and supporting information for recording. If the final plat was denied, the Administrator identifies the necessary revisions to the final plat and supporting information, or the modifications to make to previously installed and noncompliant elements of the development before resubmitting and application for final plat approval.
Recording Plat: The process for recording the final plat and supporting information is as follows:
1. Prerequisites: The Administrator signs and dates the findings and documentation.
2. Submittal for Signatures:
  1. The final plat and supporting information are complete and ready for recording.
  2. The applicant submits 1 reproducible Mylar and 2 prints of the final plat and 3 copies of supporting information for signature by the Administrator.
  3. Upon receipt and verification of compliance with submittal requirements, the Administrator signs and dates the documents.
3. Responsibility: The applicant is responsible for recording the approved final plat with the Hendricks County Recorder within 30 days of the date of signature.
4. Within 30 days of recording the applicant submits 2 paper copies and 1 Mylar of the recorded final plat to the Administrator. Failure to do so voids the application. If voided, the application for Major Subdivision Final Plat must be refiled for approval.
Final Action: Delivery of the recorded copies constitutes final action and final approval.
Replats: A replat consists of two processes. First, the portion of a recorded final plat intended to be changed is vacated in accordance with IC 36-7-3-10 and IC 36-7-3-11. Then, the vacated area is platted using the Major Subdivision of Land; Primary Plat process and the Final Plat process.
Addresses: Addresses will not be assigned to any lot until copies of the recorded final plat are delivered to the Administrator and the required performance or maintenance surety is in place.
Improvement Location Permits: Improvement location permits will not be issued on lots until copies of the recorded final plat are delivered to the Administrator, the required performance or maintenance surety is in place, and the street from which the lot gains access is paved and connects to the public street network.
As-Built Drawings: The developer must provide as-built drawings within 1 year of recording the final plat. As built drawings must be submitted in a digital format as specified by the Avon Public Works Director. Failure to submit as-built drawings is considered a violation of this ordinance and subject to enforcement.

7.5 Minor Subdivision Of Land; Primary Plat

Purpose and Intent: A Minor Subdivision Primary Plat provides the Plan Commission with the opportunity to review the details of a minor subdivision of land to determine compliance with the provisions of this Ordinance, and the Town of Avon Construction Standards. The approval process for a minor subdivision is similar to major subdivisions except there are fewer submittal requirements and a simpler approval process.
Project Applicability: A Minor Subdivision Primary Plat must be prepared in conjunction with any proposal to subdivide property within the jurisdictional area of the Plan Commission.
1. Applicable Districts: The minor subdivision of land may occur in all zoning districts.
2. Restrictions: A proposed division of land including one or more of the following is prohibited from using the Minor Subdivision Primary Plat process:
  1. A new interior street,
  2. Divisions of land resulting in 5 or more lots,
  3. Plan Commission approval to waive the applicable design standards, or
  4. Common area is required.
Prerequisites:
1. Eligible Applicants: An application for Minor Subdivision Primary Plat is initiated by the owner of the land involved in the subdivision or the owner's authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner must accompany the application.
2. Pre-application Conference: Before applying for Minor Subdivision Primary Plat, the applicant must meet with the Administrator to examine the conceptual design for the site and review the applicable zoning district, regulatory ordinances, materials, and procedures.
3. Commitments: If any prior approval for the subject property included commitments relative to the proposed subdivision, those commitments must be recorded in the Office of the Hendricks County Recorder prior to applying for Minor Subdivision Primary Plat.
Filing Requirements:
1. Application: An application for Minor Subdivision Primary Plat is made on forms provided by the Administrator, and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany a primary plat application. The Administrator or Plan Commission may request other information necessary to make a thorough review of the project.
  1. A list of the names and mailing addresses of interested parties obtained from the Hendricks County Auditor's office.
  2. A Site Plan, drawn to a scale 1"=50' or 1"=100' unless otherwise approved by the Administrator prior to submission. The site plan must include:
    1. Proposed name of the subdivision including the words "Primary Plat."
    2. Name and address of the applicant.
    3. Name and address of the engineer preparing the plans.
    4. Date of latest submission or revision.
    5. North arrow and graphic scale.
    6. Proposed address for each lot.
    7. Area map showing the general location of the site referenced to major streets.
    8. Legal description of the site.
    9. Legal survey of the site including dimensions.
    10. Location and dimensions of existing easements including a label indicating their function.
    11. Lot layout, lot number, lot dimension, lot area, and applicable building setback lines applied to each lot.
    12. Location and dimensions of any existing structures.
    13. Location of all floodway, floodway fringe, and wetlands within or adjacent to the boundaries of the site.
    14. Existing and proposed contours based in U.S.G.S. datum with intervals of not more than 5 feet where the slope is greater than 10% and not more than 2 feet where the slope is less than 10%. Elevations are based on sea level datum.
    15. Stamp of registered professional engineer for all design documents and stamp of licensed surveyor for all legal survey and legal description documents.
    16. Statement of compliance with the Comprehensive Plan.
    17. Statement of compliance with this Ordinance.
3. Deadline: The application, required plans, and support information must be submitted at least 30 days prior to the Plan Commission public hearing on the application.
4. Required Quantities and Format of Submittals: The applicant submits 5 hard copies of the application and supporting information, one digital copy of the application and all supporting information in .pdf format, and one digital copy of any drawings in .dwg format.
Formal Procedure:
1. Application Submittal and Assignment: An application determined to be substantially complete by the Administrator is assigned a case number and is placed on the next available Plan Commission agenda occurring at least 30 days after submittal. The Administrator notifies the applicant of the hearing date.
2. Technical Review: The Administrator and, if necessary, the Technical Advisory Committee, will review and comment on the plans based on this Ordinance, other town ordinances, and known County, State or Federal rules, regulations and law.
  
  The Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the application, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Administrator concerning the proposal and information from the Technical Advisory Committee. A copy of the report is made available to the applicant and all interested persons prior to the public hearing.
3. Submittal of Revised Plans: The petitioner is given the opportunity to submit revised plans addressing concerns or compliance issues identified by the technical review. Revised plans must be received at least 18 days prior to the Plan Commission meeting. If unresolved issues persist, the Administrator may ask for a continuance to allow additional time for revisions before going before the Plan Commission meeting. Copies of the revised plan review are made available to the applicant and interested persons prior to the public hearing.
4. Public Notice: Notice of the public hearing is made in accordance with IC 36-7-4-706 and the Plan Commission’s Rules of Procedure. All costs associated with providing public notice are borne by the applicant.
5. Public Hearing: A public hearing is held in accordance with the Plan Commission Rules and Procedures.
6. Review: The Plan Commission reviews and hears:
  1. The application for primary plat and all supporting information.
  2. The testimony of the applicant.
  3. Information presented in writing or verbally by the Administrator.
  4. Input from the public during the public hearing.
  5. Applicable provisions of these Subdivision Regulations.
  6. Applicable requirements of the Town of Avon Construction Standards.
7. Decision:
  1. The Plan Commission takes final action or continues the application for Minor Subdivision Primary Plat to a defined future meeting date.
  2. If pursuing final action, the Plan Commission makes the following findings of fact:
    1. The proposal is consistent with the Comprehensive Plan.
    2. The proposal satisfies the standards of this Ordinance and the construction requirements of the Town of Avon Construction Standards.
  3. Affirmation of findings may be in the form of a general statement. Findings that cannot be affirmed must specify the provision not in compliance.
  4. The Plan Commission may require the applicant to prepare written commitments concerning the primary plat to be made in writing prior to formal action.
  5. Final Action: If the Plan Commission finds all the findings of fact in the affirmative, it approves or approves with commitments the application for Minor Subdivision Primary Plat. If the Plan Commission does not find all the findings of fact in the affirmative, it denies the application for Minor Subdivision Primary Plat.
  6. If the Minor Subdivision Primary Plat is approved, the primary plat, supporting information, findings, documentation of final action, written commitments, and any conditions are signed and dated by the President of the Plan Commission. Written commitments are recorded in the office of the Hendricks County Recorder within 90 days of the Plan Commission's approval of the primary plat or the approval is nullified.
  7. The Administrator provides the applicant a copy of the decision.
Duration: An approved Minor Subdivision Primary Plat is valid for 2 years from the date of Plan Commission approval. The Administrator may grant one extension up to six months.
Modification:
1. Replats: A replat consists of two processes. First, the approved Minor Subdivision Primary Plat is voided and revoked by the applicant. Second, a new application is submitted for a Minor Subdivision of Land.
2. Minor Amendments: The applicant may seek minor amendments to an approved Minor Subdivision Primary Plat. Minor amendments are limited to adjustment to lot lines (e.g. changes to lot widths) provided the changes do not adversely impact the integrity of the approved Minor Subdivision Primary Plat and the changes maintain compliance with this Ordinance. A minor amendment may be approved by the Administrator without a public hearing. A minor amendment authorized by the Administrator is reported in writing to the Plan Commission at their next regular meeting.

7.6 Minor Subdivision Of Land; Final Plat

Purpose and Intent: The Minor Subdivision Final Plat assures that the primary plat and support information are prepared and recorded.
Delegation of Powers: In accordance with IC 36-7-4-709 as amended, the Plan Commission delegates final plat approval authority to the Administrator.
Prerequisites: A Minor Subdivision Primary Plat must have already been approved by the Plan Commission prior to applying for final plat.
Filing Requirements:
1. Application: An application for a Minor Subdivision Final Plat is made on forms provided by the Administrator and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany the application:
  1. Statement from a licensed surveyor indicating that required monuments and markers have been placed, or an agreement from the applicant to comply with monument and marker requirement within 3 months.
  2. Any other information necessary to review the Minor Subdivision Final Plat as requested on the application form or from the Administrator.
3. Deadline: The application and supporting information must be filed within 2 years from the date the Minor Subdivision Primary Plat was approved by the Plan Commission.
4. Required Quantities and Format of Submittals: The applicant submits 1 reproducible Mylar and 2 paper prints of the final plat, and 3 copies of supporting documents and in their final form for recording and ready for signature.
Formal Procedure:
1. Review: The Administrator determines if the application is substantially complete. Upon determining substantial completion, the Administrator reviews the final plat and supporting information for compliance.
2. Submittal of Revised Plans: The applicant is given the opportunity to revise plans to address issues identified by the Administrator.
3. Decision: When the Administrator determines the proposal is consistent with the Minor Subdivision Primary Plat approval, the Administrator approves the final plat application and signs and dates the final plat. If the Administrator determines the proposal is not in compliance, the Administrator denies the final plat application and notifies the applicant of the deficiencies to be remedied to secure plat approval.
Plat Recording Process:
1. Prerequisites: The final plat is signed and dated by the Administrator and conveyed to the applicant.
2. Responsibility: The applicant is responsible for recording the approved final plat with the Hendricks County Recorder within 30 days of the date of signature.
3. Deliver Copies and Proof of Recording: The applicant submits 2 paper copies and 1 Mylar of the recorded final plat to the Administrator. Failure to record the final plat and supporting information within the 30-day time frame voids the application. The application must be refiled for Minor Subdivision Final Plat approval.
Replat: A replat consists of two processes. First, the recorded final plat is vacated in accordance with IC 36-7-3-10 and IC 36-7-3-11. Then, the area is platted using the Minor Subdivision of Land process.
Addresses: Addresses will not be assigned until the final plat is recorded and copies are delivered to the Administrator.
Improvement Location Permits: Improvement location permits will not be issued until the final plat is recorded and copies delivered to the Administrator.
As-built Drawings: The developer must provide as-built drawings within one year of recording the final plat. Asbuilt drawings must be submitted in a digital format as specified by the Avon Public Works Director. Failure to submit as-built drawings is considered a violation of this Ordinance and subject to enforcement.

7.7 Subdivision Of Land; Administrative

Purpose and Intent: An administrative subdivision provides the Town with the opportunity to expedite adjustments to property lines when no new lots are created or when parcels are merged into fewer buildable lots. This provision is an administrative process for exempt forms of subdivision.
Project Applicability: An administrative subdivision can be used to modify the division of property according to the standards written below. All other divisions of land or alterations to property lines must be processed as a Minor Subdivision or Major Subdivision.
1. Applicable Districts: An administrative subdivision may occur in any zoning district.
2. Applicable Actions:
  1. Merging Common Ownership Lots: The owner of 2 to 10 lots may merge them together as fewer buildable lots when the resulting lot does not result in a new nonconformance or an escalation in an existing nonconformance; and when there is no change to public services, roads, or utilities.
  2. Splitting a Lot and Merging Its Pieces with Two or More Adjacent Lots: Owners of 2 or more lots adjacent to a vacant lot may jointly purchase the lot, divide it, and merge all of the pieces with their buildable lot. If the lot is not vacant, the primary structure must be demolished and/or the primary use dissolved prior to application for an administrative subdivision.
  3. Adjusting Lot Lines: Two owners may adjust a lot line separating their two properties if survey errors were discovered or if both owners desire such a modification as long as it does not result in a new nonconformance or an escalation in an existing nonconformance; and does not reduce either's lot area by more than 25%.
Prerequisites:
1. Eligible Applicant: Owners of all applicable lots or their authorized agent may apply for primary plat approval. A signed and notarized consent form from the owners must accompany the application if submitted by an authorized agent.
2. Removing Unnecessary Driveway Cuts: Pre-existing driveway cuts established for a dissolved lot must be vacated and removed, including the apron within the right-of-way.
3. Restrictions: A proposed subdivision that includes one or more of the following is prohibited from using the administrative subdivision process:
  1. An additional driveway cut, or
  2. A subdivision that was platted on or after the Town’s first Subdivision Regulations’ effective date.
Administrative Subdivision Filing Requirements:
1. Application: An application for an administrative subdivision is made on forms provided by the Administrator and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany an administrative subdivision application: a legal description and address for each lot involved. The Administrator may waive in writing the submittal of unnecessary information relative to the application. The Administrator may request other information necessary to make a thorough review of the project.
3. Site Plan: A Site Plan, drawn to a scale of 1”=50' or 1"=100' unless otherwise approved by the Administrator prior to submission. The site plan includes:
  1. Name and address of the applicant,
  2. North arrow and graphic scale,
  3. Adjacent streets, sidewalks, and easements,
  4. Boundary lines of each lot including all lot dimensions,
  5. Proposed adjustments with lot dimensions, lot area, and building setback lines on the resulting lots,
  6. Footprint and dimensions of existing structures with measurements to property lines pre and post adjustments, and
  7. Stamp of registered professional engineer, surveyor, landscape architect, or architect.
4. Submittal Material: The applicant provides 3 paper copies of the application and supporting information; and 1 digital copy of the application and supporting information in .pdf format.
Procedure and Approval:
1. Review of Material: A complete application for an administrative subdivision is reviewed by the Administrator and an appointed member of the Plan Commission for compliance with the Subdivision Regulations. If a member of the Plan Commission has not been appointed the Plan Commission President serves as the second reviewer.
2. Decision: The Administrator and Plan Commission representative make a joint determination as to whether the petition complies with the standards. If the petition complies, it is approved, and all 3 copies are signed by both reviewers. A signed copy is retained for Town records and 2 copies are conveyed to the applicant; one for personal records and one for recording with the Hendricks County Recorder's office.
3. Report to Plan Commission: After approval, at the first regularly scheduled Plan Commission meeting, the approval of any administrative subdivisions are be reported by the Administrator.
4. Proof of Recording: To officially complete the process the applicant records the plat with the Hendricks County Recorder's office and provides proof to the Administrator.
5. Failure to Record: If an approved administrative subdivision is not recorded within 30 days from the date of approval and signature, the application and approval are deemed void. The Administrator reports any failures to the Plan Commission at their first regularly scheduled meeting after discovering default occurred and notifies the applicant of the failure to record in the Town's records.
Improvement Location Permits: A building permit will not be issued until proof of recording is demonstrated.

7.8 Principles And Standards Of Design

Improvement location permits, development plans and subdivisions must conform to the principles and standards established by this Ordinance.
The Town of Avon Construction Standards and Specifications (“Construction Standards"), as published and maintained by the Avon Public Works Department, are incorporated, as amended, by cross-reference into this Ordinance. All development plans and subdivisions must conform to the Construction Standards.

7.9 Architectural Standards -- Residential Districts

General Residential Architectural Standards:
1. Vinyl siding used on residential dwellings must meet the following specifications:
  1. Material Requirements:
    1. Vinyl must have a minimum thickness of 0.044 with a minimum butt or panel projection of 3/4 inch.
    2. Heavy duty lock extended return leg is required.
    3. A full rollover/ double nail hem or approved hammer stop is required if the vinyl is less than 0.048 inches thick.
    4. The maximum panel width between butts is 5 inches, except for panels with foam backing.
  2. Sheathing Requirements:
    1. Use of 7/16 inch minimum thickness OSB or plywood is preferred.
    2. Rigid foam insulation boards must have a minimum thickness of 1/2 inch, have a reinforced plastic membrane surface on both sides, and a minimum compression strength of 15 PSI.
    3. All sheathing materials must have a weather resistant barrier, which may be incorporated with other products.
  3. Construction/Installation Requirements:
    1. Exterior wall stud spacing must not exceed 16” on center.
    2. Manufactured I joists abutting outer walls must have a band board wrap to provide a flush nailing surface.
    3. Shutters, downspouts, utility connections and other attachments must be connected to the building in a manner that does not restrict the movement of the vinyl siding. All attachment hardware must pass through the siding into substrate with nail-holding strength. All penetrations in the siding must be properly sealed to prevent moisture infiltration.
    4. All wall penetrations must be properly flashed according to the manufacturer’s instructions.
    5. Installers must be certified by the Vinyl Siding Institute.
Single-Family Detached Residential Architectural Standards:
1. Architectural Standards:
  1. Applicability: These standards apply to new detached single-family dwelling units. New detached single-family dwelling units must comply with the architectural standards listed on 7.27 Single-Family Architectural Standards Tables.
Multi-Family Residential Architectural Standards: All new multi-family dwellings must comply with the following:
1. Design detailing must continue completely around the building consistent with the intended architectural style. Detailing elements include, but are not limited to, number and style of windows, window placement, trim detailing, roof design, and exterior materials.
2. Permitted exterior materials include Exterior Insulation and Finish System (E.I.F.S.), synthetic stucco, masonry materials, wood, fiber cement siding, and polymeric cladding. Aluminum and vinyl siding are prohibited.
3. At least 75% of each building façade, excluding windows and doors, must be masonry materials or fiber cement siding.
4. Each building façade must utilize at least 2 different exterior building materials (excluding window, door, and roofing materials). A different style of the same building material (e.g., horizontal and shake-style fiber cement siding) does not constitute two different building materials.
5. Windows: A building façade must incorporate a minimum of one window (a minimum of 15 square feet) per dwelling unit located along the building façade. Required windows may be located anywhere on the building façade, as architecturally appropriate. Windows in a building façade of a masonry material must have a casing or sill of natural or masonry material. Windows in a building façade of a non-masonry material must be trimmed to match the architectural style of the building.
6. Roof Design:
  1. The roof pitch of the main roof must be at least 6:12. Elements such as porches, bays, walkways, may have a lower roof pitch. Lower roof pitches may occur on rear elevations if concealed by side roof elements.
  2. The roof overhangs must be at least 11 inches, as measured prior to the installation of masonry materials.
  3. The roof form and pitch design of a building must include, where appropriate, varied pitches and ridge levels in accordance with the intended architectural style of the building and the building façade projections.
7. Streetscape Diversity:
  1. Building elevations of similar floor plans must have variety in style, massing, use of materials, and detailing of elements. The same elevation may occur as buildings are grouped together if each building plan has a minimum of 2 different elevation styles.
  2. If more than 1 building is proposed, then the building(s) must be located so no more than 2 buildings are in a straight, unbroken line. An unbroken line includes an offset in the building setback at least 1/3 the height of the adjacent building.

7.10 Architectural Standards -- Commercial, Mixed-Use, And Institutional Districts

In reviewing the architectural design of commercial, mixed-use, and institutional buildings the Plan Commission considers:

Context: All buildings are designed with respect to the general character of the Comprehensive Plan, Ronald Reagan Corridor Master Plan, and other planning documents.
Architectural Features: The following architectural features may be used to meet the design requirements of this section.
1. Change in plane
2. Change in texture or masonry pattern
3. Change in building materials
4. Windows, trellis with vines
5. Color changes
6. Texture changes
7. Material module changes
8. Canopies or porticos
9. Overhangs
10. Recesses and/or projections
11. Raised cornice parapets over the door
12. Peaked roof forms
13. Arches
14. Architectural details including tile work and moldings integrated into the building structure and design
15. Integral planters or wing walls the incorporate landscaped areas and/or places for sitting
16. Other features approved by the Plan Commission.
Massing:
1. A single, large, dominant building mass must be avoided in new buildings and, to the extent reasonably feasible, to existing buildings when changes to the exterior of the building are proposed.
2. Changes in mass are related to entrances, the integral structure and/or the organization of interior spaces and activities and not merely for cosmetic effect. False fronts or parapets that create an insubstantial appearance and are prohibited.
Façade Treatment:
1. Facades abutting arterial and collector streets must add architectural interest and variety and avoid the effect of a single wall or long or massive walls with no relation to human scale. No wall facing a street or connecting walkway can have a blank, uninterrupted length exceeding 50 feet without including at least two of the architectural features listed.
2. Facades greater than 100 feet in length must incorporate wall plane projections or recesses having a depth of at least 3 feet and extending at least 20 feet.
3. Horizontal masses cannot exceed a height to width ratio of 1:3 without substantial variation in massing that includes a change in height and projecting or recessed elements.
4. Building facades must include a repeating pattern that includes one or more of the architectural features listed above.
5. Facades must have an expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib.
6. Facades must have at least one of the architectural features listed that repeat horizontally. Elements must repeat at intervals of no more than 30 feet, either horizontally or vertically.
7. A minimum of two different exterior finish materials must be used for building exteriors, including stone, brick, architectural pre-cast (panels or detailing if the surface looks like brick or stone), architectural metal panels, glass, ornamental metal and Dryvit or stucco when not exceeding the maximum wall coverage. The building(s) must use these materials for all the exterior finish. The building may not be constructed entirely of a metal and glass curtain wall. Where materials are combined horizontally on one façade, the heavier material must be below.
8. A minimum of 2 different colors must be used on facades. The use of high intensity, neon, or fluorescent colors is prohibited.
9. Retail buildings must provide glazing on a minimum of 35% of the ground floor front façade. Side facades must contain (1) a minimum of 10% glazing of the ground floor side facade or (2) two architectural features.
Roofs: Roofs must include at least 2 of the following:
1. Roofs may be constructed of an energy efficient material in order to reduce the heat island effect;
2. Parapets with a three-dimensional cornice treatment that conceal flat roofs and rooftop equipment from public view;
3. Overhanging eaves extending at least 3 feet past the supporting walls;
4. Sloping roofs with an average pitch between 4:12 and 12:12; or
5. Three or more roof slope planes.
Entryways: Each principal building on a site must have clearly defined, highly visible entrances featuring at least 1 of the architectural features listed. When additional tenant spaces will be in the principal building, each space must have at least one exterior entrance that conforms to the above requirements.
Building Elements & Accessory Structures:
1. Separate building elements or accessory structures should be designated as an integral part of the building design.
2. Signage should be complementary to and integrated with the building design as to not dominate facades or appear tacked on.
3. Appurtenances must be screened or integrated into the building design so that they are not visible from the street.
4. Docks, garage doors, and service areas must be screened to minimize their visibility from adjacent streets.
Site Design and Relationship to Surrounding Community: In order to contribute to the establishment and enhancement of community and public spaces, buildings must provide at least two of the amenities listed below. The amenities must have direct access to the public sidewalk network. The amenities cannot be constructed of materials inferior to the principal materials of the building and landscape.
1. Patio/seating area;
2. Pedestrian plaza with benches;
3. Water feature;
4. Clock tower; or
5. Other such deliberately shaped area and/or a focal feature of amenity that, in the judgment of the Administrator, adequately enhances the community and public spaces.
Building Materials:
1. The following are prohibited as exterior finish materials: brick or stone masonry less than 4 inches thick, concrete block (including split face block), prefabricated steel panels, and vinyl siding. Coating or painting a prohibited material does not constitute a permitted material.
2. The following materials are limited to use only as accent materials: Dryvit and stucco.

7.11 Architectural Standards -- Industrial Districts

All new nonresidential buildings or building additions located within an Industrial District must comply with the following:

Buildings and structures within a single development should have complementary architectural themes.
All roof or ground mounted mechanical equipment must be completely enclosed. Ground-mounted enclosures must be landscaped on all sides not facing the building served in accordance with 5.8 Landscaping Standards.
Each building façade visible from a street or oriented to an adjoining residential district, must have at least 40% masonry materials on the building façade (exclusive of window and doors).
Building façades 90 feet or greater in length, must have offsets at intervals no greater than 60 feet apart. Offsets can project or recess. They must extend the entire vertical plane of the building façade. The offset must be at least 12 inches in depth and be at least 20% of the overall building façade length. Architectural elements (e.g. arcades, columns, pilasters, etc.) meeting the offset requirements may be used to fulfill this requirement.
Loading spaces, loading docks or oversized service doors are prohibited on an external façade.
If materials other than masonry materials are used on any building façade, then the building façade must be enhanced with: (i) the use of multiple colors and textures (e.g., rough, smooth, striated, etc.); or (ii) the addition of architectural elements (e.g. quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.)

7.12 Block Standards

The maximum length of a single-family residential subdivision block is 1,250 feet, except where an internal street or frontage road parallels an expressway or arterial.

7.13 Development Name Standards

Proposed Development Name: The applicant proposes a unique name for the development. The proposed root name must not duplicate or closely approximate in spelling or phonetically, the name of any other development within the Town or within one mile of the town's corporate limit. Deviations in suffix names (e.g. Place, Woods, or Glen) do not constitute a unique name (e.g. if Preston Place exists, the name Preston Woods is not permitted). Unique subareas within a large development or separate developments within proximity may be authorized to use the same root name by the Plan Commission.
Approval Authority: The Plan Commission has authority to approve or deny the proposed development name.
Renaming Authority:
1. Existing development names or development names approved by the Plan Commission, but not yet built, cannot be changed without Plan Commission approval.
2. The Plan Commission has the authority to require the applicant to propose a new unique name for a development if the initial name is unacceptable. If an acceptable unique development name is not proposed by the applicant, the Plan Commission will name the development prior to final approval.

7.14 Easement Standards

Cross-access Easements:
1. Cross-access easements must not impede, encroach, or interfere with utility easements or utility providers.
2. When required by this Ordinance, each property owner of record must execute a cross-access easement instrument in favor of the adjoining property owner. The cross-access easement instrument must be signed by the owners of all associated properties. The cross-access easement instrument must:
  1. Identify the development associated with the cross-access easement.
  2. Grant the public the right to use the easement to access adjoining parking areas, public spaces, or lots.
  3. Prohibit parking vehicles within the easement.
  4. Prohibit any person, including the property owner, from placing an obstruction within the cross-access easement, or from removing or modifying features installed in the easement.
  5. Be binding on all heirs, successors, and assigns to the property.
  6. Be enforceable by the owners of each associated property, the Town, and any other specially affected persons identified in the cross-access easement.
  7. Provide for modification or termination as specified in this Ordinance.
  8. Be cross-referenced to the most recently recorded deeds of the associated properties.
  9. Include a metes and bounds description of the easement.
3. Cross-access Easement Certificate:
  1. Instead of recording a separate cross-access easement instrument, the applicant may place the following language on the final plat to be recorded:
    
    Areas on these plans designated as a Cross-access Easement are established in favor of the adjoining property owner and grant the public the right to enter the easement for purposes of accessing adjoining lots. These easements prohibit any person from parking vehicles within the easement and prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the Town of Avon may enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Town of Avon Subdivision Regulations, or its succeeding ordinance.
  2. The dedication and acceptance of any cross-access easements shown on a recordable instrument is accomplished via a Certificate of Dedication and Acceptance signed by the appropriate property owners, or their agents.
  3. If a Declaration of Covenants is included on the recordable instrument, the cross-access easement certificate must be clearly separate from the Declaration of Covenants.
General Easements:
1. When an easement is proposed by the applicant, required by this Ordinance, or an easement is required per a commitment or condition of approval, but the standards for the easement type are not specified, the property owner of record executes the easement instrument in favor of the appropriate parties (e.g. the general public, Town of Avon, specific abutting property owner, etc.). The easement instrument must be signed by the property owner of record granting the easement and an authorized representative of the party accepting the easement. The easement instrument must:
  1. Identify the development associated with the easement.
  2. Specify the activities the appropriate parties are authorized to perform.
  3. Specify the activities the property owner of record is prohibited from performing.
  4. Be binding on all heirs, successors, and assigns to the property.
  5. Be enforceable by the property owner of record, any appropriate parties, and the Town of Avon.
  6. Provide for modification in the manner stipulated in this Ordinance.
  7. Be cross-referenced to the most recently recorded deed to the property.
  8. Include a metes and bounds description.
  9. Be signed by an authorized representative of the property owner of record granting the easement and by an authorized representative of the grantee accepting the easement.
2. Easement Certificate:
  1. When a final plat is being recorded, the applicant may place a Plan Commission Attorney-approved easement certificate on the final plat instead of recording a separate easement instrument.
  2. The dedication and acceptance of any easements shown on a recordable instrument are accomplished by a Certificate of Dedication and Acceptance signed by the appropriate property owners or their agents.
  3. If a Declaration of Covenants is included on the recordable instrument, the easement certificate must be separate from the Declaration of Covenants.

7.15 Erosion Control Standards

All proposed subdivisions must comply with the Title V. Chapter 54 Stormwater Management in the Town of Avon Code of Ordinances.
Permits:
1. A Stormwater Pollution Prevention Plan must reviewed and a Site Improvement Permit must be issued by the MS4 Coordinator before changes are made in the contour of the land, or before beginning grading or excavating begin.
2. Any development over one acre must obtain a Rule 5 Permit from the Indiana Department of Environmental Management.
Off-site Sedimentation: Whenever sedimentation is caused by stripping vegetation, regrading, or other development activities, it is the responsibility of the applicant to remove sedimentation from all adjoining surfaces, drainage systems, and watercourses, and to repair any damage. This work is done at the applicant's expense.
Fill Material: All fill material must be compacted to meet the specifications in the Town of Avon Construction Standards.
1. Off-site fill material must be free of environmentally hazardous materials. The source of fill material must be identified upon request of the MS4 Coordinator or Administrator.
2. Detrimental amounts of organic material are not permitted in fill material.
3. No rock or similar irreducible material with a dimension greater than 12 inches, measured through a cross-section of the material, can be buried or placed in fills unless approved as part of the Site Improvement Permit.
4. Stockpiling of fill material must not occur more than two years beyond the approval date of a final plat. A mass excavation and grading bond in the amount of 110% of the total earthwork costs associated with a subdivision section must be submitted by the applicant upon the recording of the final plat.
Health, Safety and Welfare: If the MS4 Coordinator, Avon Public Works Director, or Administrator determines that any existing excavation, embankment, or fill is hazardous, the property owner or the owner's agent will be notified in writing. Within the period specified, the hazard must be repaired or eliminated or be subject to enforcement (see CHAPTER 9: ADMINISTRATION AND ENFORCEMENT).
Disturbance of Protected Areas: If any protected area is driven over, altered, disturbed, or damaged in any way, the applicant or property owner is subject to the enforcement (see CHAPTER 9: ADMINISTRATION AND ENFORCEMENT).

7.16 Monument And Marker Standards

Installation of Monuments and Markers: All monument and marker improvements must be installed per 865 lAC 1-12-18 and the Town of Avon Construction Standards.
Centerline Monuments: Monuments conforming to 865 IAC l-12-18(a)(2) must be set on street center lines at the beginning and end of curves and at the intersection of center lines. When it is not practical to set a centerline monument according to 865 IAC 1-12-18(a)(2), a centerline monument conforming to 865 IAC 1-12-18(a)(3) must be set.
Reporting: Upon completion of the development, a licensed surveyor prepares as-built drawings showing the placement of monuments and markers. As-built drawings must also be submitted in the Town's required digital format to the Avon Public Works Director with an affidavit by the surveyor certifying that the monuments and markers are still in place, and were not removed, moved, or buried such that they do not accurately denote surveyed lines or cannot be easily located.

7.17 Open Space And Amenity Standards

Applicability: This article applies to all residential development plans, primary plats, and final plats. All residential developments must set aside open space according to this article.
Minimum Open Space:
1. The minimum open space required for each development, as a percentage of its gross acreage, is as follows:
  
  Zoning District
  Min. Open Space Required
  R1
  5%
  R2
  8%
  R3
  10%
  R4
  12%
  R5
  15%
  MU-OSR
  50%
  MU-COR
  10%
2. The following residential developments are exempted from providing open space under this article:
  1. Developments with a gross density of 0.33 dwelling units per acre
  2. Minor subdivisions
  3. Infill developments with 6 or fewer dwelling units
3. Open space areas retain private ownership by an owners' association or similar joint ownership of all associated properties in perpetuity.
4. The following features count toward the minimum open space requirements.
  1. Any required preservation or conservation area.
  2. Any water feature, including a retention facility, with a surface area of at least 32,670 square feet at normal pool elevation and that supports aquatic life:
  3. Any man-made stormwater dry detention facility at least 10,890 square feet of flat bottom area and a depth that does not exceed 5 feet from top of bank. Slopes within the detention facility cannot exceed 4 horizontal units to 1 vertical unit ratio. A buffer area at least 20 feet wide must be provided around the perimeter of the facility. The buffer area and facility must be planted and maintained as a useable area. Tree planting is permitted within the facility. The water outlet of the facility must use an anti-vortex or anti-entrapment design.
  4. 50% of any floodplain for a natural stream.
  5. Perimeter landscaping areas required in 6:1 Landscaping – General Standards, provided these landscaping areas are located within common open space.
  6. Other common areas set aside to meet open space requirements.
5. Up to 75% of the required open space for one sub-area of a development may be shifted to another sub-area within the same overall development with the approval of the Plan Commission.
6. The Plan Commission has the authority to grant a waiver allowing required open space to be provided off-site in the form of a public park facility.
7. Open space areas are encouraged to be used for active and passive recreation uses tailored to the residents of the neighborhood.
Amenity Centers
1. Amenity centers shall be installed in established common areas, excluding common areas established for perimeter landscaping and buffer yards. The following requirements are cumulative:
  1. Primary Amenity Center: A "neighborhood park" is required in any residential subdivision with a parent tract greater than eighty (80) acres or with over 140 dwelling units. An additional neighborhood park is required per additional eighty (80) acres or 140 dwelling units. When an additional neighborhood park is required one of the following shall occur:
    1. A "sport court" may be substituted and located adjacent to the first "neighborhood park" or on a unique site;
    2. The second "neighborhood park" can be located adjacent to the first with the minimum required amenities for both parks combined together as a single park; or
    3. The second "neighborhood park" can be located on a unique site.
  2. Secondary Amenity Center: A "standard facility" is required in any residential subdivision with a parent tract greater than 120 acres or with over 260 dwelling units. An additional "standard facility" is required for every additional 120 acres or 260 dwelling units. When an additional "standard facility" is required, one of the following shall occur:
    1. A "nature center" may be substituted for an additional "standard facility"; or
    2. The first "standard facility" shall be expanded to an "enhanced facility"; or
    3. The second "standard facility" shall be located on a unique site.
      1. Major Amenity Center: A "swimming pool," "indoor playground," or equivalent amenity feature is required in any residential subdivision with a parent tract greater than 240 acres or with over 460 dwelling units. An additional, but different than the first, "swimming pool," "indoor playground," or the equivalent is required for every additional 240 acres or 400 dwelling units. When an additional "major amenity center" is required, one of the following shall occur:
        An equivalent amenity feature may be substituted for an additional "major amenity center"; or
        The minimum standard for a swimming pool may be doubled; or
        The additional "major amenity center" may be an off-site connection to a municipal park or recreation feature if deemed equivalent by the Plan Commission.
Minimum Standards for Each Facility:
1. Neighborhood Park: A neighborhood park may be a passive park or active park.
  1. Passive Park:
    1. A minimum of one (1) acre; and
    2. A minimum of a small open shelter 200 square feet in area.
  2. Active Park
    1. A minimum of 18,000 square feet;
    2. Playground equipment with at least two (2) slides, four (4) swings, three (3) climbing apparatus, and three (3) additional optional apparatus. All playground equipment shall be commercial grade and permanently affixed to the ground. Further, at least one-third (1/3) of all apparatus shall be designed for toddler; and
    3. A safe surface shall be installed below each apparatus. A safe surface may include, but it is not limited to eight (8) inches of mulch or four (4) inches of recycled tires.
2. Sport Court: The minimum standards for a sport court include one of the following:
  1. Tennis:
    1. A single regulation sized tennis court; and
    2. A commercial quality net and court striping.
  2. Basketball:
    1. A minimum of two (2) separate regulation-sized half courts or one (1) full court;
    2. A minimum of two (2) commercial quality goals opposite of one another and court striping.
  3. Volleyball:
    1. A single regulation sized sand volleyball court;
    2. A minimum of eight (8) feet of sand at each end of the court and six (6) feet of sand on each side for comfortable play; and
    3. A commercial quality net, poles, and boundary tapes.
3. Standard Facility: The minimum standards for a "standard facility" include all of the following:
  1. Architecture: The facility shall be designed to reflect the best residential characteristics in the neighborhood.
  2. Square Footage: The facility shall be at least 800 square feet in floor area.
  3. Outdoor Facilities: A minimum of 300 square feet of patio space plus sidewalks leading to and from the facility.
  4. Furnishings: The facility shall have commercial grade chairs, tables and other furnishings for small parties, small gatherings and small meetings.
4. Enhanced Facility: The minimum standards for an "enhanced facility" include all of the following:
  1. Four Seasons: The facility shall be fully enclosed, heated and air-conditioned.
  2. Architecture: The facility shall be designed to reflect the best residential characteristics in the neighborhood, and have a brick or stone chimney.
  3. Square Footage: The facility shall be at least 1,600 square feet in floor area. Indoor Facilities: The facility shall have at least a men’s and women’s restroom, a full kitchen, gas or wood burning fireplace, and a minimum of 100 square feet of lockable storage.
  4. Outdoor Facilities: A minimum of 600 square feet of patio space plus sidewalks leading to and from the facility.
  5. Furnishings: The facility shall have commercial grade chairs, tables and other furnishings for large parties, large gatherings and large meetings. It should also have two (2) pieces of indoor play sets for children.
5. 5. Nature Center: The minimum standards for a "nature center" include all of the following:
  1. Location/Area: The nature center shall be located adjacent to or on a wooded lot, and shall be located on a minimum of a one-half acre (½-ac.) parcel.
  2. Four Seasons: The nature center shall be fully enclosed and heated and airconditioned. All mechanical equipment shall be substantially screened.
  3. Architecture: The nature center shall be designed to blend into the natural area and be complementary to the neighborhood.
  4. Square Footage: The nature center shall be at least 500 square feet in floor area.
  5. Indoor Facilities: The nature center shall have at least a men’s and women’s restroom, and twenty (20) educational displays, and a minimum of fifty (50) square feet of lockable storage.
  6. Outdoor Facilities: A minimum of 300 square feet of gathering space plus sidewalks leading to and from the facility. The gathering space and sidewalks leading to the nature center do not have to be concrete. They may be wood, stone, crushed limestone or similar natural material.
  7. Furnishings: The nature center shall have commercial grade chairs, tables and other furnishings for small parties, small gatherings and small meetings.
  8. Landscaping: The nature center shall have at least five (5) canopy trees planted around the facility if it is not located on or immediately adjacent to a wooded lot.
6. Swimming Pool: The minimum standard for a swimming pool includes all of the following:
  1. Area: The pool shall be at least 1,200 square feet in area when the subdivision has 150 dwelling units or less. The pool shall be at least 1,800 square feet in area when the subdivision has more than 150 dwelling units, and shall have a secondary pool feature (e.g. zero-depth pool entrance, tot pool, or splash pad).
  2. Fencing: A decorative, non-privacy, metal fence shall be installed as per the height required per code.
  3. Indoor Facilities: An enclosed men’s and women’s restroom/changing room are required in proximity to the pool.
  4. Patio: A hard surface area shall extend at least twelve (12) feet from the edge of the pool on all sides.
  5. Landscaping: Landscaping shall be installed around the facility and reflect the best characteristics of the neighborhood.
7. Indoor Playground: The minimum standards for an "indoor playground" include all of the following:
  1. Four Seasons: The facility shall be fully enclosed, heated and air-conditioned.
  2. Square Footage: The facility shall be at least 700 square feet in area.
  3. Architecture: The facility shall be designed to reflect the best residential characteristics in the neighborhood.
  4. Indoor Play Features: The indoor playground shall have at least two (2) slides, four (4) climbing apparatus, and two (2) additional optional apparatus. The ceiling height shall be at least fourteen (14) feet and the floor shall be effectively padded with a foam or rubber covering where appropriate.
  5. Other Indoor Features: The indoor playground shall have a men’s and women’s restroom and a minimum of fifty (50) square feet of lockable storage.

7.18 Owners Association Standards

Any development with common area, private streets, shared parking, amenity centers, retention pond, detention pond, and the like must meet the Owners' Association Standards.
Establishment of Owners Association:
1. An owners association is created in perpetuity to maintain all common property and common facilities.
2. An owners association is a legal mechanism providing shared ownership or shared responsibility of common property and common facilities. A board of directors or other means for representation in decision-making must be established.
3. The legal mechanism binding all property owners or vested parties must be recorded with the Hendricks County Recorder and be cross-referenced to each applicable lot or property.
4. The owners association is responsible for the administration of any covenants the development. The Declaration of Covenants must be recorded with the Hendricks County Recorder before selling a lot or unit.
5. Covenant language resulting from as a commitment or condition of approval must be clearly noted as non-amendable by the owners association in perpetuity.
6. The legal mechanism must include an association fee or other financial mechanism must be included in the legal mechanism and be equal to the financial needs of the owners association to maintain common property and common facilities, and to accumulate a reserve account for long-term large expenditures, emergencies, and contingencies.
The developer must not enter into any contractual obligation on behalf of the owners association that exceeds 1 year. Once the residents control the owners association, the renewal of such a contract is at the discretion of the owners association.
Failure of the owners association to maintain an effective legal mechanism or fulfill its responsibilities within that legal mechanism is deemed a violation of this Ordinance and may be subject to enforcement (see CHAPTER 9: ADMINISTRATION AND ENFORCEMENT).
Restrictive Covenant Standards:
1. Applicability: A Declaration of Covenants applying to each lot within a subdivision must be prepared and submitted for review as part of the application for subdivision approval. The applicant must provide a final copy of the Declaration of Covenants for review by the Administrator prior to recording.
2. The following language is required in the Declaration of Covenants:
  1. Language required by the Town may not be amended or removed without approval by the Avon Plan Commission. Waivers or variances to the language required by the Town of Avon will only be granted by the Avon Plan Commission or indicated authority.
  2. When private improvements such as street lighting, a retention pond and other drainage systems, and private streets and sidewalks located outside the right-of-way are installed, the Town of Avon will never be obligated to accept the private improvements as public property. The Town of Avon bears no financial responsibility for operation or maintenance costs associated with the private improvements. The owners association bears the cost of operation and maintenance. In the event the owners association fails to maintain the private improvements, the Town of Avon may make the improvements and assess each property for the project cost plus administration costs.
  3. Unless approved by the Avon Public Works Director, no fence, wall, building, or other obstruction may be placed or maintained in an area designated on the plat as a drainage or utility easement. Unless approved by the Avon Public Works Director, there can be no alteration of the grades or contours within the easement area.
  4. When landscaping is installed in common areas or easements, the owners association is responsible for maintaining the plant material in healthy condition, removal of dead or diseased vegetation, and/or replacement of landscaping.
  5. Once rights-of-way are platted, the Town of Avon obtains ownership of the area within the right-of-way. The Town of Avon retains the right to reasonably remove any tree or shrub impeding work to be performed by the Town and/or all public utilities, or other properly authorized users, even if the owners association is assigned financial, maintenance, or replacement responsibility. However, action by the Town of Avon will not result in an unnecessary or unfair financial burden to the owners association.
  6. Each owner agrees that the Town of Avon, Indiana, is authorized and empowered to require the owners association and each owner, jointly and/or individually, to provide for the orderly maintenance and upkeep of the common areas. The Town may determine the common areas are being maintained in a manner dangerous or detrimental to the public health, safety and welfare, according to the provisions of the Avon Town Code. After providing 30 days’ notice to the owners association, the Town may enter the common area and make any repairs or improvements necessary to remedy such conditions. The owners association is obligated to pay to the Town the costs for all improvements, work, and/or labor, provided to the common areas within 15 days of receipt of a statement from the Town. The statement is required to be served only upon the president of the owners association. All individual owners hereby waive notice of receipt of the statement for such costs. To secure payment, a continuing lien will arise and charge against each lot in favor of the Town in an amount including costs and reasonable attorneys' fees to the extent permissible by law. The Town may bring an action of law against the owners association and/or any owner or foreclose a lien against any property owned by any owner. Neither the owners association nor any owner may waive or otherwise escape liability for the cost incurred by the Town described here.
3. Whenever a private covenant land use regulation imposes a greater restriction or a higher standard than required by a provision this Ordinance, the Town is not obligated to enforce the provisions of the private covenant.

7.19 Pedestrian Network Standards

Sidewalks or side paths should be located one foot inside the right-of-way to be dedicated to the Town. If utility poles, trees, or other features complicate installation, then the sidewalk or side path may extend into common areas or private property if a pedestrian easement is created and executed.
Sidewalks must be spaced away from the curb to create a tree plot and to provide pedestrian separation from vehicles. as indicated in the Town of Avon Construction Standards.
The minimum sidewalk or sidepath width is according to the Town of Avon Engineering and Construction Standards.

7.20 Stormwater Standards

Subdivisions must provide for the collection and management of all storm and surface water drainage.
Cross-reference:
1. Developments within the zoning jurisdiction of the Town of Avon must meet or exceed the Town Stormwater Management Ordinance. (See Title V.· Chapter 54 Stormwater Management in the Town of Avon Code of Ordinances.)
2. Developments outside of the Town of Avon's municipal limits and developments accessing a county legal drain must meet or exceed the standards of Hendricks County per the Hendricks County Surveyor's office.
3. Drainage facilities must be constructed to meet or exceed the Town of Avon Construction Standards.
Proposed drainage facilities must meet the following conditions:
1. Proposed drainage facilities must be in common areas or on private property with the necessary utility and drainage easements created and executed.
2. A proposed retention pond or detention facility must have an access easement at least 20 feet wide from at least one public right-of-way or private street for either public access or maintenance access. This access easement may also be a drainage easement but must be obstacle free and graded for work trucks and earth moving equipment to access the drainage facility. If limited to maintenance access, the homeowner's association and its contractors, Hendricks County government, and Town of Avon government will be named and granted rights to utilize the easement.
3. Proposed drainage facilities will be inspected during construction by the Avon Public Works Director or a professional engineer at the expense of the applicant to certify compliance with this Ordinance and Title V.· Chapter 54 in the Town of Avon Code of Ordinances.
The applicant may propose a "Low Impact Design" solution that meets or exceeds the intent of the Stormwater Standards. The Plan Commission encourages low impact design and will determine whether the proposed green stormwater management system meets or exceeds the Stormwater Standards. Any alternative solution is subject to Avon Public Works and Avon Stormwater Engineer review and approval.

7.21 Street And Right-Of-Way Standards

Applicability: Proposed developments must allocate adequate areas for new streets in conformity with 7.8 Principles and Standards of Design and the Thoroughfare Plan.
Thoroughfare Plan: The Thoroughfare Plan is declared to be a part of this Ordinance.
Compliance with Thoroughfare Plan: In addition to meeting requirements of the Americans with Disabilities Act (ADA), developments abutting or adjoining streets designated on the Thoroughfare Plan must conform to the requirements of the Thoroughfare Plan regarding the dedication of rights-of-way.
Dedication of Public Improvement Standards:

Project Applicability: The following standard applies to a subdivision containing public streets, public sidewalks, public side paths, or public trails.

Right-of-way: The primary plat and final plat must show the necessary right-of-way for each public facility. The right-of-way is considered dedicated upon final plat approval.

Exclude Atypical Features: The Town of Avon may elect to not allow atypical access and parking facilities to be included in the proposed right-of-way, such as alleys, driveway aprons, access roads, unusual on-street parking, or eyebrows.
1. Performance Surety: Prior to recording the final plat, a performance bond must be provided to the Town in the amount of 110% of the total cost for the public streets, public sidewalks, public side paths, public trails, erosion control, street signs, boundary markers and monuments, drainage improvements, and mass excavation.
2. Exemption: The responsibility for a surety for sidewalks may transferred to a builder if the builder has purchased the lots or has exclusivity to develop lots within the development. If this practice is utilized, the builder provides a surety equal to 20% of the total cost of the sidewalk for each lot under the builder's control.
3. Other Public Facilities: The Avon Town Council may allow other facilities to be dedicated to the Town. Under no circumstance is the Town Council required to accept other public facilities. These facilities may include parks, open space, retention ponds, public utilities, drainage facilities, or street lighting in which the Town may have interest. Performance bonds may be required.
Street and Access Standards:
1. General: All developments must provide adequate access to the existing street network and allocate adequate areas for new streets consistent with the Thoroughfare Plan and all other applicable ordinances. All street improvements, private or public, must be designed, constructed, and installed to meet or exceed the requirements of this Ordinance and the Town of Avon Construction Standards.
2. Design Principles: Streets must create conditions favorable to health, safety, convenience, and the harmonious development of the community; give consideration to connectivity to adjacent parcels; and provide access to the Town’s existing street network.
  
  Permanent dead-end streets are prohibited. Cul-de-sacs and stub streets are not considered dead end streets.
  
  Eyebrow streets are prohibited as part of the right-of-way. Eyebrow streets may be used but must be privately maintained by the owner's association or the contiguous lot owners who gain access from the eyebrow street.
3. Connectivity: Developments must provide stub streets to connect to adjacent properties that meet the following criteria:
  1. Where the development abuts land that has established stub streets, built or platted, the applicant must design the street system to connect to those stub streets.
  2. Where the development abuts undeveloped land, stub streets may be proposed by the applicant. Generally, each side of the development not bordering a public street should have at least one stub street. In large developments, additional stub streets may be necessary to provide adequate connectivity to adjacent properties. The final number and location of stub streets is determined by the Administrator and the Avon Public Works Director.
  3. Regard is given to the Thoroughfare Plan for the Town of Avon.
4. Stub Streets: Stub streets must be constructed at the same time other streets are built within the development. A sign indicating the stub street will connect to a future development is placed at the end of each stub street and maintained in perpetuity by the owner's association. A vehicular barricade must also be installed at the property line.
5. Temporary Turnarounds: A temporary turnaround is required for each stub street and a temporary turnaround easement must be provided for the turnaround. When a temporary turnaround is required, the applicant executes a temporary turnaround easement instrument in favor of the general public through the Avon Town Council. Alternatively, a temporary turnaround easement certificate may be placed on the plat to be recorded. The easement instrument must:
  1. Identify the development with which the temporary turnaround easement is associated.
  2. The temporary turnaround easement grants the general public the right to access the easement for purpose of maneuvering vehicles.
  3. The temporary turnaround easement grants the Town of Avon the right to alter, repair, maintain, or remove the improvements.
  4. The temporary turnaround easement prohibits any person from parking vehicles within the easement.
  5. The temporary turnaround easement prohibits any person, including the property owner, from placing any obstruction within the easement.
  6. The temporary turnaround easement is binding on all heirs, successors, and assigns to the property on which the temporary turnaround easement is located.
  7. The temporary turnaround easement is enforceable by the Town Council, the Avon Public Works Director, the Plan Commission, the Administrator, or the Town of Avon's Attorney.
  8. The temporary turnaround easement automatically terminates upon the Town’s acceptance of a connecting street. Otherwise, the temporary turnaround easement can only be modified or terminated in a manner specified in these Subdivision Regulations.
  9. When a temporary turnaround easement instrument is used, it must cross-reference the most recently recorded deed to the property on which the easement is to be established; include a metes and bounds description of the easement; and be signed by the property owner of record granting the easement and by authorized representatives of the Avon Town Council accepting the easement.
  10. When a temporary turnaround easement certificate is used on a final, the dedication and acceptance of the easement is accomplished by a Certificate of Dedication signed by the property owner of record granting the easement, and a Certificate of Acceptance signed by the appropriate representative of the Avon Town Council. These documents are recorded with the final plat and cannot be part of any Declaration of Covenants for the development.
6. Gated Entrances: Developments may have gated entrances. Gated entrances must have an apparatus installed to allow emergency vehicles and utility providers quick and easy access to the development. The gates must allow the largest fire truck in service in the Town to easily turn into the development.
  
  Gated Entrances must be approved by the Avon Fire Department, Avon Police Department, and the Department of Public Works. Any street separated from the public street network by a gated entrance must be a private street.
7. Boulevard Entrances:
  1. Smaller developments may have a boulevard entrance. Developments with over 75 residential lots or 10 or more non-residential lots are required to install a boulevard entrance.
  2. A boulevard entrance must extend at least 50 feet from the perimeter street's right-of-way.
  3. The center planting strip must be at least 10 feet wide. It remains public right-of-way and is subject to all applicable Town standards and regulations.
8. Intersections:
  1. Intersections of more than 2 streets at one point are not permitted.
  2. Wherever possible, new local streets should align with existing local streets. Local street intersections with centerline offsets less than 125 are prohibited.
9. Proposed Street Names: A unique name is required for each street within the development at the time of initial application. The proposed street names must meet the following criteria:
  1. Streets that are extensions, continuations, or in alignment with any existing street, platted right-of-way, or recorded access easement, must continue the name of the existing street.
  2. The root street name (e.g. Maple) cannot duplicate or be phonetically like any existing street name.
  3. Deviations in suffix names (e.g. Street, Court, or Avenue) do not constitute a unique name (for example, if Maple Street existed, the name Maple Court would not be permissible).
  4. Streets within a large development or separate developments within proximity may be authorized to use the same root name by the Plan Commission.
10. Address Numbers: The applicant proposes street address numbers for all lots consistent with the Town's existing address scheme and the requirements of the Hendricks County E-911 System.
11. Approval Authority: While the applicant proposes street names and address numbers, the Plan Commission has the authority to approve or deny any proposed street name or address number.
12. Renaming Authority: Existing Street names and address numbers approved by the Plan Commission cannot be changed without Plan Commission approval.
  
  The Plan Commission has the authority to require a new name for any street if the name proposed by the applicant is unacceptable. If an acceptable street name is not proposed by the applicant, the Plan Commission renames the street prior to final approval. Likewise, if an unacceptable address number is proposed for a lot, the Plan Commission has the authority to assign a new address number to any lot prior to final approval.
Additional Rights-of-way Required: When a development abuts or includes an existing street that does not meet the minimum right-of-way widths established in the Thoroughfare Plan, the applicant dedicates additional width along the street sufficient to meet the requirements of the Thoroughfare Plan. If the applicant only controls property on one side of the street, sufficient right-of-way must be dedicated to bring the half right-of-way up to the width required in the Thoroughfare Plan.
1. Off-site Street Improvements: When a development requires off-site street improvements, such as a passing blister, acceleration lane, or deceleration lane, and inadequate right-of-way exists to install the off-site street improvement, the applicant must make a good faith effort to acquire property sufficient for the installation of the offsite improvement. If the owner of the property on which the off-site improvement is to be installed refuses to sell the property to the applicant, the applicant provides the Administrator with copies of all surveys, appraisals, written offers made by the applicant, and correspondence from the property owner.
2. Eminent Domain: When the installation of off-site street improvements is required, it is because those off-site street improvements are vital to the health, safety, and welfare of the motoring public. As a result, the Town may begin eminent domain to acquire public right-of-way sufficient for off-site street improvement after receiving the documentation illustrating the applicant’s failure to acquire the needed property. Upon completion of the eminent domain proceedings, the applicant reimburses the Town in an amount equal to the cost of the land, cost for any condemnation on that land, and the cost to relocate any features.
3. Installation of Improvements: The applicant then installs the off-site street improvement to meet or exceed the Town of Avon Construction Standards.
Private Street and Access Standards:
1. Applicability: Private streets are permitted but must meet or exceed the standards for public streets established within these Subdivision Regulations and the Town of Avon Construction Standards.
2. When a private street easement appears on a plat, the following language is required on the plat:
  
  The developer of this real estate covenants and warrants on behalf of itself and all future owners of lots within this subdivision or development that because the streets are private, all maintenance, repairs, and replacement, now and forever, must be undertaken at the expense of the lot owners (or unit owners) according to the terms and conditions set forth in the owners association by-law and articles. No governmental entity is responsible to maintain, repair, or replace any private street.
3. Private streets must be located within private street easements not rights-ofway. All private street easements must meet or exceed the standards for rights-of-way established within these Subdivision Regulations, the Thoroughfare Plan, and the Town of Avon Construction Standards.
4. The applicant must execute a private street easement instrument in favor of the future lot owners or unit owners to when the private street provides access. The language of the private street easement instrument must:
  1. Identify the development with which the private street easement is associated.
  2. Grant future owners the right to access the easement for purposes of accessing their lot or unit.
  3. Specify the financial responsibilities of the future with respect to the alteration, repair, maintenance, and removal of the improvements.
  4. Prohibit future owners or any other person from placing any obstruction within the easement.
  5. Require that the private street be built to the Town of Avon Construction Standards.
  6. Be binding on all heirs, successors, and assigns to the property on which the easement is located.
  7. Be enforceable by the future owners, the Town, and any other specially affected persons entitled to enforce the easement.
  8. Provide for modification or termination in the manner stipulated in these Subdivision Regulations.
  9. Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.
  10. Include a metes and bounds description of the easement.
  11. Be signed by each property owner granting the easement and by an authorized representative of future lot or unit owners accepting the easement.
Private Street Easement Certificate:
1. When a final plat is being recorded, the applicant may choose to add the private street easement certificate below to the final plat rather than record a separate easement.
2. Areas show on this plat designated as a "Private Street Easement" are established in favor of the adjoining property owners that are hereby granted the right to enter the easement for purposes of accessing their lot. The easement prohibits the property owners or any other person from placing any obstruction within the easement. The easements are binding on all heirs, successors, and assigns to the property on which they are located. The adjoining property owners or the Town of Avon may enforce the provisions of the easement. The easement can only be modified or vacated in the manner stipulated in the Town of Avon UDO.
3. The dedication and acceptance of Private Street Easements shown on a recordable instrument must be accomplished via a Certificate of Dedication and Acceptance signed by the property owner of record granting the easement, and a Certificate of Acceptance signed by an authorized representative of the future owners.
4. If a Declaration of Covenants is included on the recordable instrument, the Private Street Easement Certificate must be clearly separate from the Declaration of Covenants.
Alley Standards:
1. General: In order to better allow diversity in subdivision developments, alleys may be used to provide access to lots intended for single-family dwelling units to accommodate side-load garages, rear-load garages, or detached garages.
2. Design Principles:
  1. Associated Right-of-way or Easement: Alleys must be in an easement that is at least 16 feet in width or located in a right-of-way if the Avon Town Council agrees to dedication.
  2. Pavement Width: Alleys must have pavement that is at least 12 feet in width.
  3. Curb: Alleys are not required to have curb except when the alley is within a right-of-way or private street easement where the associated street is required to have curb. In cases where an alley and curbed street intersect, the minimum curb radius is 8 feet.
  4. Intersections: Alley intersections with streets cannot exceed 20° from perpendicular to the streets.
3. Construction Standards: Alleys, public or private, must be constructed to meet or exceed the Town of Avon Construction Standards.
Street and Access Standards; Residential:
1. Access Points: Vehicular access for the development must be provided as follows:
  1. Small Developments: A subdivision with less than 50 lots or dwelling units must have at least one street access onto an appropriate perimeter street.
  2. Medium Developments: A subdivision with 50 to 200 lots or dwelling units must have at least 2 street accesses onto appropriate perimeter streets. The 2 street access points must be on different perimeter streets or at least 1,200 feet from one another if located on the same street. One of the required streets access points may include connecting to an existing stub street.
  3. Large Developments: A subdivision with more than 200 lots or dwelling units must have at least 3 street access points onto appropriate perimeter streets. The 3 street access points must each be on different perimeter streets or at least 1,200 feet from one another if located on the same street. One of the required streets accesses may include connecting to an existing stub street.
2. Frontage Streets: Any development with a single-family detached dwelling unit fronting an arterial street, must provide a frontage street unless the single-family detached dwelling unit is the only property within 400 feet that obtains access from the same arterial. The Administrator or Avon Public Works Director may require frontage streets in other circumstance to ensure a safe and efficient future transportation network. Frontage streets must meet the following conditions:
  1. Frontage streets must generally run parallel to the arterial street and be separated a minimum of 30 feet (edge of pavement to edge of pavement) from the arterial street they parallel.
  2. Frontage streets must accommodate two-way traffic.
  3. Right-of-way or private street easement for a frontage street must be at least 40 feet in width.
  4. A frontage street must have a minimum pavement width of 24 feet when parking is not permitted, or 28 feet when parking is permitted on one side.
  5. Sidewalks are required on both sides of a frontage street that has residential lots deriving their access from the frontage street.
  6. A frontage street less than 300 feet in length or serving 5 or fewer properties must have one ingress/egress point onto a street. All other frontage streets are permitted up to 2 ingress/egress points onto street.
  7. Each ingress/egress point must be at least 150 feet from any intersection and any other ingress/egress point on the same or opposite side of the street. Ingress/egress points that align across the street from each other do not require separation.
3. Access on Signature Streets: Access along streets indicated as Signature Streets on the Thoroughfare Plan is limited, unless restricted through another overlay ordinance. Full access will be permitted every half mile along Signature Streets. A waiver is required to have a full access entrance at intervals less than this standard. Waivers are approved at the discretion of the Plan Commission and according to the procedures and standards established in the subdivision regulations.
Street and Access Standards; Non-residential:
1. Access Points: An applicant must propose the minimal quantity of ingress/egress points to provide safe, efficient, and adequate access for the various types of vehicular traffic that will access the development. The Administrator makes the final determination.
2. Access Streets: Any non-residential development that fronts an arterial street and has 2 or more lots or a multiple tenant building must provide an access street as the primary access. Commonly, an access street is perpendicular to the arterial street providing access to lots fronting the arterial street (typically outlots) and the second-tier commercial lots (often the anchor lots). The Administrator and Avon Public Works Director may require access streets to ensure a safe and efficient transportation network. Access streets must meet the following conditions:
  1. Access streets must generally run perpendicular to the arterial street and be at least 150 feet from the arterial street (measured from the edge of pavement to the edge of pavement).
  2. Access streets must accommodate two-way traffic.
  3. The right-of-way or private street easement for an access street must be at least 40 feet wide.
  4. Pavement width for an access street is a minimum of 24 feet.
  5. Parking is not be permitted on an access street.
  6. Sidewalks must be provided on one side of access streets and be integrated into the overall pedestrian network of the development.
  7. An access street serving a development less than 15 acres is permitted 2 ingress/egress points onto a street. Developments 15 acres or more may have a maximum of 3 ingress/egress points onto a street.

7.22 Street Light Standards

7.23 Street Sign Standards

All streets, public or private, must have signs necessary to provide a safe environment for drivers and pedestrians, and to provide information for locating streets, addresses, or development amenities.
Applicable Standards: The Town of Avon's policies and the Manual on Uniform Traffic Control Devices for Streets and Highways (current version adopted by the Indiana Department of Transportation) are used to determine the type, size, height, and location of each of these signs.
Regulatory Signage Plan: A regulatory signage plan must be submitted to the Department of Public Works. All proposed signs must be approved by the Department of Public Works prior to installation.
Public Safety Signs: The applicant must coordinate with the Public Works Director before purchasing and installing any public safety related street sign. The Public Works Director makes the final determination regarding the location and height of each sign. All public safety related street signs must be installed prior to any street being open to the public.
Street Name Signs: The applicant coordinates with the Public Works Director before purchasing and installing any street name sign. One street name sign is required for each intersection within the development and on all perimeter intersections. The Public Works Director makes the final determination regarding the location and height of each sign.
Installation Timing: All street name signs must be installed prior to any street being open to the public, and prior to any home or building construction commencing on that street.
Custom Street Signs: The applicant may propose an alternative to the standards for street signs. Approval by the Administrator and the Public Works Director is required. The Owner's Association is responsible, in perpetuity, for maintaining all custom street signs.

7.24 Surety Standards

Performance Surety: All applicants must provide a performance surety to the Town for any street, sidewalk, path, trail, public utility, drainage facility, mass excavation, or any other facility that is intended and desired to be dedicated to the Town. Performance surety for erosion control and landscaping may also be required when requested by the Plan Commission. All such facilities, any off-site improvements committed to by the applicant, and any off-site improvements required as a condition of approval must be covered by the performance surety. The performance surety must be accepted by the Avon Town Council prior to recording the final plat. Any final plat approval recorded in error of this provision must provide a performance surety at the time of discovery.
1. The performance surety must:
  1. Be in an amount equivalent 110% of the estimated completion cost of installing the improvements in compliance with the Subdivision Regulations and the Town of Avon Construction Standards.
  2. Be a type of surety satisfactory to the Avon Town Council (e.g. bond or letter of credit).
  3. Run to and be in favor of the Town of Avon, or Hendricks County if the improvement is outside the town's corporate limits.
  4. Specify the date that the improvements are required to be completed.
  5. Be submitted in a form approved or provided by the Avon Town Council or its legal counsel.
2. Phasing of Development: If a development is intended to be built-out in phases, the following options may be approved by the Town Council:
  1. Option One: The applicant provides a Performance Surety for all phases of the development, regardless of how many months or years the development is expected to take to build-out.
  2. Option Two: The applicant proposes a phasing plan to the Town Council prior to final plat approval. If the proposal is accepted, the applicant provides a performance surety for the first phase(s) of the development and signs a binding agreement with the Town Council stating that the applicant must maintain ownership of all lots and land outside of each phase that has been approved for development. No lot or property can be sold or committed in phases of the development that have not been approved for commencement or that are not subject to a performance surety. Additionally, the applicant must sign a contract with the Town Council stating it will support and not interfere with the vacation of plat, vacation of right-of-way, and/or reversion of approval granted to the applicant for any phases of the development yet to be authorized in the event that the applicant defaults on any authorized phase of the project requiring the Town Council to claim the surety for its completion. If default occurs, at the request of the Town Council or at the discretion of the Plan Commission, the Plan Commission may vacate the plat, vacate the right-of-way, and/or revert any approval granted to the applicant for phases left undeveloped to protect the Town from having to pay for public improvements in any phases remaining without a performance surety.
3. Duration of Surety: All performance sureties must be effective from the final plat approval date and cannot terminate until:
  1. As-built Drawings: As-built drawings stamped by the applicant's engineer for stormwater drainage, utilities, streets, pedestrian facilities and any other public facility are submitted in hard copy and in the Town's required digital format.
  2. Final Construction: The final construction has been inspected by the Avon Public Works Director and stated in a report that the improvement meets the Town of Avon Construction Standards,
  3. Town Council Concurrence: The Town Council concurs with the Public Works Director's report, and
  4. Maintenance Surety: The Town Council has been provided with a maintenance surety as described below, if applicable.
4. Incremental Release of Surety: The Town Council may release increments of a performance surety once portions of an improvement have been completed and after that portion of the improvement has met the requirements in Section 3 above.
Maintenance Surety: The applicant must provide a maintenance surety to the Town for any improvement made that was subject to a performance surety, prior to the performance surety's release.
1. The maintenance surety must:
  1. Be for 25% of the total cost to complete the improvements.
  2. Be a type of surety satisfactory to the Town Council (e.g. bond or letter of credit).
  3. Run to and be in favor of the Town of Avon, or Hendricks County if the improvements are outside the town limits.
  4. Specify that it expires after 3 years from the date the improvement was released from the performance surety. However, the Town Council may reduce the duration of the maintenance surety by up to 3 years if cause, evidence, or risk assessment shows that a 3 year duration is not necessary.
  5. Be submitted in a form approved or provided by the Town Council, or its legal counsel.
  6. Warrant the workmanship and all materials used in the construction, installation, and completion of the improvements, and that the installations are of good quality and have been constructed and completed in a workmanlike manner according to standards, specifications and requirements of this Subdivision Regulations and the Town of Avon Construction Standards.
  7. Include a certification from the applicant that all required improvements for the development follow these Subdivision Regulations and according to the approved plans and specifications.
2. Release of Surety: The maintenance surety is released upon its expiration date without formal action by the Town of Avon unless a claim has been filed against the maintenance surety prior to the expiration date. Once all claims have been settled, the maintenance surety is released by the Town of Avon.
3. Exemption: The Town Council may, at its discretion, waive the requirement for a maintenance surety if it determines it is not in the interest of the Town to require a maintenance surety, or if the risk of premature failure of the improvement is negligible.

7.25 Utility Standards

Under no circumstances can any reference to “utility” or “utilities” within these Subdivision Regulations apply to or supersede design and construction standards from a non-Town of Avon water or wastewater utility. Specifically, this exemption separates design and construction, waiver, dedication of improvement, performance and maintenance surety, and easement standards from being applicable to a non-Town of Avon water or wastewater utility. However, the following Town of Avon design and construction standards still apply:
1. The location, spacing, and type of fire hydrants or requirements for looping of water lines used to supply hydrants still apply.
2. The procedural requirement for coordinating all utilities and surface infrastructure within a subdivision. The Town of Avon must have access to draft utility plans, documents, or plans submitted for review to utility providers, identified or proposed design alternatives, correspondences between parties, or notes on design decisions.
3. A representative from the Town of Avon may attend meetings between the developer and the utility provider.
4. All new development must be installed with centralized water and sewer facilities except for large lot residential uses in AG, E-1, and AGO-1 districts where individual septic systems and wells may be used because centralized water and sewer facilities are unavailable or cannot be reasonably extended to the site.
Wastewater and Water Utility:
1. Wastewater: A wastewater utility collection system must be provided by the developer per the applicable wastewater utility's installation standards.
2. Water: A water utility distribution system must be provided by the developer per the applicable water utility's installation standards.
3. Wells: Within any subdivision developed under this Ordinance, a well is only be permitted for the purpose of filling and replenishing a water feature.
4. Wastewater and Water Utility Location: The wastewater collection system and the water collection system must be in the right-of-way or within an area designated as a utility easement.
5. Hydrants:
  1. Spacing and Location: The spacing and location of each hydrant must comply with the Town of Avon Construction Standards.
  2. Looping: Water lines used to supply hydrants may be required to be looped when determined to be necessary for public safety, based on Fire Department and Town of Avon Construction Standards.
Stormwater Utility:
1. Easement: A drainage easement must be established for all drainage swales, retention ponds, detention ponds, storm drains, etc., except when within a right-of-way.
2. Easement Width: A drainage easement must meet the Town of Avon Stormwater Management Ordinance.
3. Construction Standards: All stormwater facilities must meet or exceed the Town of Avon Construction Standards.
Gas, Electric, and Communications Utility:
1. Easement: An easement must be established along a right-of-way or in rear yards. Easement widths are a minimum of:
  1. When Asymmetrical Along a Rightof-Way: 20 feet wide on one side and 10 feet wide on the other,
  2. When Symmetrical Along a Rightof-Way: 15 feet wide per side,
  3. Single-sided Along A Right-of-Way: 30 feet on one side,
  4. Rear Yard: 20 feet wide, or
  5. Side Yards: 20 feet wide.
2. Installation Standards: All gas, electric and communication facilities must meet or exceed the applicable State and corresponding utility's standards, and must utilize the least conspicuous markers, junction boxes and other above ground components available that meet the minimum installation standards.

7.26 Plat Certificates And Deeds Of Dedication

Applicability: Plat document information must be included on all plats.
Information Required on Plats:
1. Signature Block: The following signature block is required on all plats:
  
  I, (President), President, of the Advisory Plan Commission, Town of Avon, Hendricks County, Indiana, do hereby certify that the above plat and dedication was approved by the Town of Avon, Indiana, for filing in the Records Office of Hendricks County, Indiana, on the _____ day of _____________, 20__.
  
  ___________________________________
  (Name of President), President
  
  ADVISORY PLAN COMMISSION, TOWN OF AVON, INDIANA
  
  ATTEST:
  
  ___________________________________
  (Name), Director of Planning and Building
  
  PLANNING DEPARTMENT, TOWN OF AVON, INDIANA
2. Dedication Statement for Streets and Pedestrian Facilities: The following dedication statement must be included on all plats that are dedicating streets to the Town of Avon:
  
  That I do hereby dedicate for public use and benefit forever the streets/alleys shown hereon for all public purposes including but not limited to all street and pedestrian facility purposes and utilities, and the right of the Town of Avon, its assigns, and utilities to lay, install, operate, maintain, repair, replace, and remove and reconstruct any and all street, pedestrian, or utility facilities necessary or useful in providing services. Utilities include but are not limited to water lines, wastewater lines, storm drainage and stormwater lines, gas lines, communication facilities, utility poles, electrical power lines, equipment, cabinets, closures, manholes, conduit, cables, lines, and appurtenances.
3. Dedication Statement for Easements: The following dedication statement must be included on all plats that are dedicating easements to the Town of Avon or a utility provider:
  
  The easements shown on this plat are hereby granted and dedicated and reserved for the mutual use and accommodation of the Town of Avon and/or any granted public utility service provider desiring to use the easement for public or private utilities, including: water lines, wastewater lines, storm drainage and stormwater lines, gas lines, communication facilities, utility poles, electrical power lines, equipment, cabinets, closures, manholes, conduit, cables, lines, and appurtenances. All grantees shall have the right to remove and keep removed all or part of any structure, building, fence, tree, shrub or other improvement, growth, or obstruction which may in any way endanger or interfere with the construction, maintenance, operation or efficiency of the respective utility in, on, or under said easement strips. The Town of Avon and all granted public utilities shall at all times have the full right of ingress and egress to and from and upon said easement strips for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of the respective systems without the necessity at any time of procuring the permission of anyone.
4. Dedication Statement for Private Easements: Any private utility or similar which requires or requests the dedication of an easement must negotiate and establish the easement outside the regulations of the subdivision Regulations. Nothing in these Subdivision Regulations regulates or necessitates the granting of an easement to a private utility.
5. Private Streets: The following statement must be included on all plats that contain private streets:
  
  (Developer) hereby binds itself, its successors, and assigns to construct and maintain all streets, alleys, pedestrian facilities, drainage structures and drainage facilities located under, though, and on the access easement in the subdivision shown on this plat according to the requirements, standards, and specifications of the Town of Avon. All such improvements shall be subject to the right of inspection and approval by the Avon Public Works Director or Public Works department.
  
  The streets and alleys shown on this plat as access easements represent private streets and alleys. By acceptance of a deed conveying title to any lot in this subdivision, the owner thereof shall be deemed to have agreed and acknowledged as follows:
  1. The Town of Avon has no responsibility or liability to make any repairs to such streets, alleys, pedestrian facilities, drainage structures and drainage facilities located in the access easement.
  2. So long as such streets and alleys are private, the responsibility for maintenance and replacement thereof shall fall on the Owner's Association (the "Association"), its successors and assigns, or on the owners of the lots in this subdivision.
  3. Neither the property owners within this subdivision nor the Association nor any other association or other organization or entity representing them shall have the right to dedicate (whether by voluntary or involuntary act or omission) such private streets and alleys to the Town of Avon unless and until the Town of Avon has inspected such streets and alleys and determined that, at the time in question, they meet the Town of Avon’s Standards. Under no circumstances whatsoever shall the Town of Avon be required to accept responsibility for the maintenance of such streets and alleys until after the Town of Avon has inspected same and determined that they meet the Town of Avon's Standards and further determined in its absolute discretion that it desires to accept such responsibility. If the Town of Avon desires to accept a dedication of said streets and alleys and inspects the streets and alleys and determines that they do not meet the Town of Avon Standards, the Town of Avon shall not accept such dedication until the Owner's Association, its successors or assigns, or the owners of the lots in this subdivision make, at the owner, or the Owner's Association expense, all repairs required by the Town of Avon to bring the streets and alleys up to the Town of Avon Construction Standards.
  4. The provisions hereof shall be binding upon and enforceable against all property owners in this subdivision and the Association, its successors or assigns.
  5. These covenants and restrictions herein set forth shall run with the land and be binding on the owners, their successors and assigns, and all parties claiming by, through and under them shall be taken to hold, agree and covenants with the owners and their successors in title, and with each of them, to conform to and observe all restrictions and covenants herein, and said covenants and restrictions shall survive any replatting of a part of this property. Upon replatting of all or part of this property, the Town of Avon may require any lawful, similar or additional restrictions and covenants as it may require any lawful, similar or additional restrictions and covenants as it may see fit. These covenants and restrictions shall terminate when all the access easements shown on this plat are included within a replat of all or part of this property and are dedicated as public streets and/or alleys.
  6. Invalidation of any word, phrase, sentence, paragraph, covenant or restriction by court judgment or otherwise, shall not affect the validity of the other covenants or restrictions contained herein.
  7. If the owner or owners should open the private streets to the public, such shall be considered a temporary license only. The owner or owners, through the Owner's Association, reserve the right to close the street to the public at any time prior to formal dedication of the street to the public, and acceptance of the same by the Town of Avon.
  8. Until such time as the private streets shown herein are formally offered for dedication and formally accepted by resolution of the Avon Town Council, the owners of the lots shown hereon agree to release, indemnify, defend and hold harmless any governmental entity or utility for damages to the private street occasioned by the reasonable use of the private street by the governmental entity, and for damages to any party arising from the condition of said street. All governmental service vehicles, including, without limitation, law enforcement, fire, ambulance, schools, sanitation, building inspection, and health; and private or public utility providers shall have a right of access on, through, or under the private streets and alleys.
  9. The owner or owners of any lot or lots within this subdivision hereby agree and recognize that the entire subdivision is benefited by the Town of Avon allowing the owners to maintain and control access to the private streets shown hereon; and that the Town of Avon is benefited by having the value of the property enhanced for ad valorem tax purposes and not being under any maintenance obligations with respect to the private streets and alleys. For purposes of enforcement of these covenants, these benefits shall constitute sufficient and valid considerations.
6. Minor Amendment: The following statement shall be included on all plats that have obtained minor amendment approval:
  
  PLANNING DEPARTMENT STATEMENT: This amended plat is hereby approved according to the Town of Avon Subdivision Regulations.
  
  ___________________________________
  (Name), Director of Planning and Building
  
  PLANNING DEPARTMENT, TOWN OF AVON, INDIANA
  
  _________________________________ Date
  
  APPLICANT'S STATEMENT: As the owner or agent for the owner, I hereby endorse and adopt this "Amended Plat" for the sole purpose of _________________________________ (Fill in this blank with the explanation and reason that authorized said amendments to said plat).
7. Major Amendment: The following statement must be included on all plats that have obtained major amendment approval:
  
  ADVISORY PLAN COMMISSION STATEMENT: Amended plat approved by the Advisory Plan Commission of the Town of Avon, Indiana, on the _____ day of _______________, 20__.
  
  ___________________________________
  (Name of President), President
  
  ADVISORY PLAN COMMISSION, TOWN OF AVON, INDIANA ATTEST:
  
  ___________________________________
  (Name), Director of Planning and Building
  
  PLANNING DEPARTMENT, TOWN OF AVON, INDIANA
  
  APPLICANT'S STATEMENT: As the owner or agent for the owner, I hereby endorse and adopt this "Amended Plat" for the sole purpose of _________________________________ (Fill in this blank with the explanation and reason that authorized said amendments to said plat).
Plat Attachments: A transmittal letter is required to be submitted with each plat or plat set to be signed. The letter must list the name of the subdivision/development as well as the name of the applicant and contact information of the individual responsible for the plat.

7.27 Single-Family Architectural Standards Tables

7.27 Single-Family Architectural Standards Tables

Architectural Standards for Single-Family Dwellings. New single-family dwellings must meet the following architectural standards indicated in Table 7-1, 7-2 & 7-3.

Table 7-1

Architectural Requirements

Roof Overhangs. The main roof of the home must have roof overhangs at least 11”. (See Note 1 below)

Corner Lots. Corner lot side elevations facing the street must have architectural detailing similar to the front façade (e.g. window trim, gable detailing).

Anti-Monotony Standards

All front facades and perimeter lot facades visible from, and adjoining a perimeter street, common area or park, must meet the following anti-monotony standards: (See Note 2 below)

▪ The same elevation and color scheme cannot be used on lots adjacent to the subject lot.

▪ Homes two lots away from the subject lot cannot use the same color scheme.

Notes:

Overhang requirement does not apply to architectural features such as dormers, shed roofs, porches, or areas with architectural enhanced decorative trim.
In determining if a building elevation meets this standard, the reviewer evaluates differentiation in the colors of the (a) siding, (b) siding accents, (c) trim, (d) front door, (e) shutters, and (f) brick or stone.

Table 7-2

Architectural Requirements

Window Requirements. Front facades must have at least four windows, side facades must have at least two windows, and rear elevations must have at least four windows.

Roof Overhangs. The main roof of the home must have roof overhangs at least 11” deep prior to the installation of masonry materials. (See Note 1 below)

Corner Lots. Corner lot side elevations facing the street must have architectural detailing similar to the front façade (e.g. window trim, gable detailing).

Siding Materials. Vinyl siding is prohibited.

Front Facades. Front Facades must have at least 12 design features listed on the Architectural Features Table (Table 7-3).

Corner Lot Side Elevations. Corner lot side elevations facing the street must have at least 6 design features listed on the Architectural Features Table (Table 7-3).

Perimeter Lots. Perimeter lot facades visible from the perimeter street must have at least 8 design features listed on the Architectural Features Table (Table 7-3).

Anti-Monotony Standards

All front facades, rear facades, and perimeter lot facades visible from, and within 100’ of a perimeter street, must meet the following anti-monotony standards: (See Note 2 below)

▪ The same elevation and color scheme cannot be used on lots adjacent to the subject lot.

▪ Homes two lots away from the subject lot cannot use the same color scheme.

Notes:

Overhang requirement does not apply to architectural features such as dormers, shed roofs, porches, or areas with architectural enhanced decorative trim.
In determining if a building elevation meets this standard, the reviewer evaluates differentiation in the colors of the (a) siding, (b) siding accents, (c) trim, (d) front door, (e) shutters, and (f) brick or stone.

Architectural Features Table: To encourage architectural diversity, no more than two architectural features per category may count toward the required number of features.

Table 7-3

Category 1 – Site Design and Building Mass
	Single-story dwelling, including a single-story dwelling with a loft less than 50% of the area of the first floor.
	Undulation in the width of the common area between the perimeter lot and the perimeter street. The common area width varies from 20’ to 50’ or greater.
	Interior streets within 15˚ of parallel of the perimeter street have a maximum length of 300’ before turning or ending in a cul-de-sac.
	The home is separated from the perimeter street by a landscape buffer at least 30 feet wide planted with at least 5 evergreen trees, 2 shade trees, 2 ornamental trees, and 15 shrubs per 100 lineal feet. Landscaping may be arranged to better screen buildings and allow views of open space.
	More than 50% of garage bays of the home have side-load, courtyard-load, or rear-load garage doors.
	One garage bay with a depth of at least 24 feet.
	Front-load garage doors recessed at least 2’ behind the front façade of the house or 4’ behind the posts of the front porch.
	Three or more garage bays provided.
	A covered porch at least 40 SF on the front façade.
	A sunroom or screened porch at least 120 SF on the side or rear façade.
Category 2 – Main Roof Design
	Two or more gables.
	Two or more dormers.
	A single dormer with 2 or more windows.
	A roofline change at least 1/3 the width of the elevation.
	Use of a hip roof if the abutting homes do not have a hip roof.
	A clipped hip roof extending at least 20% of the distance from the peak of the gable to the bottom of the gable.
	A minimum roof pitch of 8:12 on the main roof.
	Metal roof accents.
Category 3 – Exterior Materials
	At least 3 exterior materials or patterns are used on the elevation.
	At least 3 exterior colors are used on the elevation.
	100% masonry materials are used from the main roof line and continuing down to the foundation.
	Masonry materials are used from the first-floor plate line and continuing down to the foundation.
	An exterior fireplace chase finished in masonry material.
	Use of architectural garage doors.
Category 4 – Façade Projections and Recessions
	A bay window projecting at least 12” from the wall.
	An exterior fireplace chase extending at least 18” from the building façade and extending above the roof line.
	A second-floor cantilever projecting at least 12” over the first floor for at least 30% of the length of the building façade.
	A sunroom at least 64 square feet.
	A screened porch at least 64 square feet.
	Covered patio or covered porch, as a projection or recession in the building façade, at least 120 square feet.
Category 5 – Windows
	Multiple masonry material detailing (e.g. quoins, keystones, arches, soldier courses), as architecturally appropriate.
	At least 75 square feet of windows on rear building façades or at least 45 square feet on side building façades.
	Larger windows a minimum of 15 square feet each with proportions consistent with the architectural style of the home. At least 3 such windows are required for a façade to meet this standard.
	Window trim at least 5 1/2 inches wide around all windows of the dwelling. As an alternative, decorative window trim detailing (i.e. arches, cornices, crossheads, ornate moldings, pediments) may be considered by the Administrator if the trim otherwise results in a comparable visual contrast that enhances the architectural interest of the building façade.
	Use of shutters on all windows of the façade, where possible.
	A set of at least 3 bullet windows.
	A front door with a transom window and side lights.
	For historic homes, restoration of historic windows or use of new windows in proportions architecturally appropriate for the style of the home.
Category 6 – Architectural Detailing
	On a corner lot, the front porch wraps the corner and continues down the side elevation.
	Front porch columns have masonry detailing matching the façade (e.g. brick to the same brick height as used on the building elevation).
	Double columns used instead of single columns for front porches.
	The front porch is elevated at least 18” above the elevation of the sidewalk in front of the home.
	Architectural gable treatments (e.g. corbels under eaves, louvers with decorative trim, decorative bracing, etc.)
	Full pent roof across the bottom of gables.
	Shed roof detailing above large windows.
	Trellis over garage doors.
	Limestone cap on brick wainscot.
	Separation of materials or patterns using wood or composite trim.

HISTORY
Amended by Ord. 2024-38 on 9/12/2024

2024-38

Avon City Zoning Code

CHAPTER 7

Subdivision Regulations

7.1 Establishment Of Control

Application: These Subdivision Regulations and the standards established in this chapter apply to:
1. Subdivision of land,
2. Subdivision replat,
3. Plat vacation,
4. Plat amendment,
5. Combining of lots,
6. Property line adjustments,
7. Planned unit developments, and
8. Development plans.
Compliance: A development may only proceed after being in full compliance with all provisions of these Subdivision Regulations.
Exemptions: The following actions are exempt from these Subdivision Regulations. All exempt subdivisions must still be recorded at the office of the Hendricks County Recorder.
1. Corrections: A modification to lot lines to correct errors in an existing legal description, provided no additional building sites are created.
2. Right-of-Way: A division of land resulting from right-of-way acquisition for a federal, state, or local project.
3. Transfers: A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional building sites are created by the division.
4. Utility Easement: Transfer of land to a utility service provider or transfer through a recorded plat for buried utility lines.

7.2 Subdivision Process

Application Processes: An application and process for creating new buildable lots, combining 2 or more lots into fewer buildable lots, modifying a recorded plat, or adjusting lot lines. Divisions of land recorded at the office of the Hendricks County Recorder without being approved by these Subdivision Regulations cannot result in buildable lots. See 7.3 Major Subdivision of Land: Primary Plat, 7.5 Minor Subdivision of Land: Primary Plat, or 7.7 Subdivision of Land: Administrative for applicability and applicable procedures.
Exemptions: Condominiums regulated by IC 32-25 are exempt from this subdivision process and lot establishment standards outlined in these Subdivision Regulations but are not exempt from other applicable design standards.
Fees: The applicable fee from the Town's fee schedule must be paid at the time the application is filed. The application will not be considered substantially complete without the application fees.

7.3 Major Subdivision Of Land; Primary Plat

Purpose and Intent: A Major Subdivision Primary Plat provides the Plan Commission with the opportunity to review the details of a major subdivision of land to determine compliance with the provisions of this Ordinance and the Town of Avon Construction Standards.
Project Applicability: The major subdivision of land may occur in all zoning districts except the AG district. A Major Subdivision Primary Plat is prepared in conjunction with any proposal to subdivide property within the jurisdictional area of the Plan Commission.
Prerequisites:
1. Eligible Applicants: An application for a Major Subdivision Primary Plat is initiated by the owner of the land involved in the development or the owner's authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner must accompany the application.
2. Pre-application Conference: Before applying for a Major Subdivision Primary Plat, the applicant meets with the Technical Advisory Committee by contacting the Administrator who will arrange the meeting. At least one week prior to the meeting, the applicant provides sketch information in .pdf electronic file format to the Administrator for distribution to the Technical Advisory Committee. The sketch should contain: the geographic boundaries and acreage of the land to be subdivided, location of entrances, number of new lots, concept for stormwater management, and building product description. The Technical Advisory Committee may review the applicable zoning district regulations, determine the subdivision type, offer initial comments, provide resources, direct the applicant to relevant regulatory documents, and give procedural guidance.
3. Commitments: If any preceding approval (e.g., rezoning, annexation, variance, etc.) for the subject property included commitments relative to the proposed subdivision, those commitments must be recorded in the office of the Hendricks County Recorder prior to applying for a Major Subdivision Primary Plat.
Filing Requirements:
1. Application: An application for a Major Subdivision Primary Plat is made on forms provided by the Administrator, and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany a primary plat application. The Administrator or Plan Commission may request other information necessary to make a thorough review of the project.
  1. The names and mailing addresses of interested parties obtained from the Hendricks County Auditor's office.
  2. A site plan drawn at a scale of 1"=50' or 1"=100' unless otherwise approved by the Administrator prior to submission. The site plan must include:
    1. Proposed name of the subdivision including the words "Primary Plat."
    2. Name and address of the applicant.
    3. Name and address of the engineer preparing the plans.
    4. Date of latest submission or revision.
    5. North arrow and graphic scale.
    6. Proposed address for each lot.
    7. Area map showing the general location of the site referenced to major streets.
    8. Legal description of the site.
    9. Legal survey of the site including dimensions.
    10. Proposed names, center lines, and right-of-way widths of all streets and alleys.
    11. Location and dimensions of easements including a label indicating their function.
    12. Lot layout, lot number (progressively numbered within each phase if intending to build-out in phases), lot dimension, lot area, and applicable building setback lines applied to each lot.
    13. Location and dimensions of any existing structures.
    14. Location of all floodway, floodway fringe, and wetlands within or adjacent to the boundaries of the site.
    15. Existing and proposed contours based in U.S.G.S. datum with intervals of not more than 5 feet where the slope is greater than 10% and not more than 2 feet where the slope is less than 10%. Elevations are based on sea level datum.
    16. Areas reserved for park, recreation, conservation, wetland, common area, pond, lake, trails, entryway feature, or other similar uses.
    17. Stamp of registered professional engineer for all design documents and stamp of licensed surveyor for all legal survey and legal description documents.
    18. Statement of compliance with the Town of Avon Comprehensive Plan and the Town of Avon Unified Development Ordinance.
  3. Representative building elevations for each facade of primary structures including the following information.
    1. Intended building materials to be used for exterior walls, window, roof, and other notable exterior architectural features.
    2. Proposed placement, area, dimensions, and illumination details for any proposed wall sign.
  4. A Site Access and Circulation Plan. This plan may be incorporated into the required site plan or may be submitted as a separate plan. The plan must include:
    1. Proposed name of the subdivision including the words "Primary Plat."
    2. Name and address of the applicant.
    3. Date of latest submission or revision.
    4. North arrow and graphic scale.
    5. Names, center lines, and right-of-way widths of all existing and proposed streets, alleys, and easements within 100 feet of the site.
    6. All improvements to the street system on-site and off-site.
    7. Measurement of curb radius and/or flares.
    8. Location of proposed and existing pedestrian facilities.
    9. Location and details of all proposed street signs and wayfinding signs.
  5. A Utility Design Plan Drawn to Scale. The plan must include:
    1. The wastewater utility plan approved or submitted for approval by the provider according to their design requirements, or a plan already approved by the provider.
    2. The water utility plan approved or submitted for approval by the provider according to their design requirements.
    3. Location of all existing and proposed utility easements and labeled to indicate the purpose for the easement and to what entity it is granted.
    4. Location, depth, and description of all existing and proposed utility components for stormwater, electric, natural gas, communications, and the like. This includes the location and description of equipment, cabinets, and closures for electric and communication utilities; shutoffs and other surface located features for natural gas systems.
    5. Location and description of all street light fixtures.
    6. Location and names of regulated drains, ditches, and streams in or adjacent to the site.
    7. Contours sufficient to illustrate stormwater runoff.
    8. Stormwater drainage plan including estimated runoff.
  6. Traffic Impact Study.
    1. A Traffic Impact Study (TIS) is required when a proposed development meets or exceeds the following thresholds based on the Indiana Department of Transportation Traffic Impact Study Guidelines. The thresholds are: 150 or more dwelling units; 15,000 sf or more of retail space; 35,000 sf or more of office space; 70,000 sf or more of industrial space; 30,000 sf or more of educational space; 120 or more leasable rooms; 46,000 sf or more of medical space; or any proportional combination of the above.
    2. A registered professional engineer prepares and certifies the TIS. The TIS evaluates the impact of present and future traffic generated by the proposed development on the adjacent street system. Prior to commencement, the applicant meets with the Administrator and Avon Public Works Director to determine the minimal necessary scope for the TIS.
    3. The TIS includes a statement of coordination with the Town of Avon Comprehensive Plan and Thoroughfare Plan.
  7. A Statement of Development Buildout in writing and graphically depicted on the required site plan, including phasing boundaries and an estimate of the time frame for build-out of each phase.
  8. A landscape plan either on the required site plan or as a separate plan. The plan must include:
    1. Botanic and common name of all landscape material and description of minimal sizes to be planted.
    2. Basic characteristics of all landscape material, including height at maturity, and whether it is a canopy tree, understory tree, ornamental tree, evergreen tree, woody shrub, or other type of plant.
    3. Notation of existing landscape material that is intended to be saved in order to be counted toward minimum landscaping standards. Also, a description of how this landscape material will be guarded from grade change, surface water changes, encroachment of trucks, heavy equipment and storage of construction material, and from inadvertent damage.
    4. Description of and/or design drawings for any proposed landscape structures (e.g. entry features, fences, wall, benches), fountains, waterfalls, and other architectural features.
    5. Description and general design of proposed landscape mounds, including the flare edge, crown and a line depicting the midpoint between the crown and flare.
  9. The proposed restrictive covenants that apply to the development.
  10. Requested waivers from the design standards in these Subdivision Regulations (see 8.16 Waiver of Design Standards).
3. Deadline: The application and support information must be submitted at least 45 days prior to the public meeting at which it is intended to first be heard by the Plan Commission.
4. Required Quantities and Format of Submittals: The applicant submits 5 hard copies of the application and supporting information; 1 digital copy of the application and supporting information in .pdf format; and 1 digital copy of any drawings in .dwg file format.
Formal Procedure:
1. Application Submittal and Assignment: An application determined to be substantially complete by the Administrator, is assigned a case number and placed on the next available Plan Commission agenda occurring at least 45 days after submittal. The Administrator notifies the applicant of the hearing date.
2. Technical Review: The Administrator notifies the Technical Advisory Committee, utility providers, and other applicable agencies of the proposed development and asks for their review and comment on the plans based on this Ordinance, other town ordinances, and known County, State or Federal rules, regulations and law.
  
  The Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the application, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Administrator concerning the proposal and information from the Technical Advisory Committee and/or other agencies that have reviewed the proposal. A copy of the report is made available to the applicant and all interested persons prior to the public hearing.
3. Submittal of Revised Plans: The petitioner is given the opportunity to submit revised plans addressing concerns or compliance issues identified by the technical review process. Revised plans must be received at least 21 days prior to the Plan Commission meeting. The Administrator may ask for the revised plans to be forwarded to the Technical Advisory Committee further review. If unresolved issues persist, the application may be continued to the next Plan Commission meeting. Copies of the revised plan review are made available to the applicant and interested persons prior to the public hearing.
4. Public Notice: Notice of the public hearing is made in accordance with IC 36-7-4-706 and the Plan Commission’s Rules of Procedures. All costs associated with providing notice are borne by the applicant.
5. Public Hearing: A public hearing is held in accordance with the Plan Commission Rules and Procedures.
6. The Plan Commission reviews and hears:
  1. The application for primary plat and all supporting information.
  2. The testimony of the applicant.
  3. Information presented in writing or verbally by the Administrator, the Technical Advisory Committee, and other applicable departments.
  4. Input from the public during the public hearing.
7. Decision:
  1. The Plan Commission must take final action or continue the application to a defined future meeting date.
  2. If pursuing final action, the Plan Commission makes the following findings of fact:
    1. The proposal is consistent with the Town of Avon Comprehensive Plan.
    2. The proposal satisfies the applicable provisions this Ordinance and the Town of Avon Construction Standards.
    3. Any requested waivers must meet the requirements of 8.16 Waiver of Design Standards.
    4. The applicant has provided proof that the wastewater utility provider and water utility provider have approved utility plans per their specifications.
  3. Affirmation of findings may be in the form of a general statement. Findings that cannot be affirmed must specify the provision not in compliance.
  4. The Plan Commission may require the applicant to prepare a commitment concerning the primary plat to be made in writing prior to final action.
  5. Final Action: If the Plan Commission affirms the findings of, it approves or approves with commitments the application. If the Plan Commission does not affirm the findings of fact, it denies the application.
  6. If the primary plat is approved, the primary plat, support material, findings, documentation of final action, written commitments, and any conditions are signed and dated by the President of the Plan Commission. Written commitments are recorded in the office of the Hendricks County Recorder within 90 days of the Plan Commission's approval of the primary plat. Failure to record the commitments during this time period nullifies the approval.
  7. The Administrator provides the applicant a copy of the decision.
Duration: An approved primary plat is valid for 2 years from the date the Plan Commission grants approval. If the applicant fails to file for final plat approval for at least one phase of the development within that time frame the plat is void. The Administrator may grant up to two, 6-month extensions for cause as determined at their discretion.
Modification:
1. Major Amendments: The applicant is required to bring proposed major amendments to an approved primary plat to the Plan Commission for approval at a public hearing. Amendments requiring Plan Commission approval include:
  1. An increase in the total number of lots;
  2. Changes in lot area for any single lot of 20% or more,
  3. Changes in lot area for 10% or more of all the approved lots,
  4. Shifts the location of 20% or more of the approved lots;
  5. Reduction in or substantial redesign of perimeter landscaping;
  6. Widening an easement by 20% or 5 feet from the approved primary plat, whichever is greater;
  7. Changes to on-street parking resulting in a 10% or greater change in the total number of spaces, or the relocation of 10% or more of the approved on-street spaces;
  8. Modification of street design resulting in relocation of an intersection by more than 50 feet, shortening or lengthening a street segment by more than 10% of its original design length, or adding 50 or more lineal feet of new streets;
  9. Modification of pedestrian facility design resulting in the removal of sidewalks or sidepaths along a segment of street, reducing the width of a sidewalk by 6 inches or more, reducing the width of a sidewalk to less than 4 feet, reducing the width of a sidepath by more than one foot, reducing the width of a sidepath to less than 6 feet, or removing a mid-block crossing.
  10. Notable realignment of streets;
  11. A relocation of an entrance by 20 feet or more from its approved location;
  12. Any change that would result in noncompliance with the design standards in the Subdivision Regulations or a written commitment;
  13. A proposed minor amendment that adds to previously approved minor amendments, that cumulatively comprises a major change to the approved primary plat; or
  14. Any proposed deviation from a provision determined by the Administrator or Avon Public Works Director to be essential for protecting health, safety, and welfare.
2. Minor Amendments: The applicant may seek minor amendments to an approved primary plat that do not adversely impact the integrity of the approved primary plat and that do not require a major amendment approval. A minor amendment may be approved by the Administrator without a public hearing. A minor amendment authorized by the Administrator is reported in writing to the Plan Commission at the next regular meeting of the Plan Commission.
3. Affect on Utilities: Amendments must not affect easements designated and/or currently approved by the utility service providers.

7.4 Major Subdivision Of Land; Final Plat

Purpose and Intent: The Major Subdivision Final Plat must clearly define all plats and documents for recording.
Delegation of Powers: In accordance with IC 36-7-4-709 as amended, the Plan Commission delegates approval authority of a Major Subdivision Final Plat to the Administrator.
Prerequisites:
1. Primary Plat: A Major Subdivision Primary Plat must have already been approved by the Plan Commission. Final plans and supporting information regarding the primary plat must have already been submitted to the administrator prior to applying for final plat.
2. Commitments: Any written commitments required by the Plan Commission during the primary plat process have been recorded at the Hendricks County Recorder before applying for Major Subdivision Final Plat.
Filing Requirements:
1. Application: An application for a Major Subdivision Final Plat is made on forms provided by the Administrator and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany the application for a Major Subdivision Final Plat.
  1. Exact location of all monuments and markers.
  2. Plans showing final dimensions for lots, common area, rights-of-way, and easements.
  3. If infrastructure improvements are complete, the supporting information including as-built drawings stamped by a certified engineer for each infrastructure system, and copies of any required inspections or certifications. As-built drawings must also be submitted in the Town's required digital format to the Avon Public Works Director.
  4. If infrastructure improvements intended to be dedicated to the Town are not complete, detailed descriptions and locations of infrastructure to be installed, cost estimates from contractors for all infrastructure improvements, and a performance surety as detailed in 7.24 Surety Standards.
3. Deadline: The application and supporting information for final plat approval must be filed within 2 years of the date the primary plat was approved.
4. Required Quantities and Format of Submittals: The applicant submits 5 hard copies of the final plat application and supporting information; 1 digital copy of the application and all supporting information in .pdf; and 1 digital copy of any drawings in .dwg format.
5. Fee: The applicable fee from the Town's fee schedule must be paid at the time the application for a Minor Subdivision Primary Plat is filed. The application will not be considered substantially complete without the application fees.
6. Utilities: Infrastructure for utility providers and the associated as-built drawings become the property of the utility provider. The requirements for as-builts are at the discretion of the service provider.
Formal Procedure:
1. Assignment: A complete application for final plat is assigned a case number.
2. Technical Review: Once assigned a case number, the Administrator notifies the Technical Advisory Committee and other applicable agencies of the final plat and asks for review and comment on the plat.
3. Submittal of Revised Plans: The petitioner is given the opportunity to submit revised plats to address the comments raised by the Technical Advisory Committee.
4. Decision:
  1. The Administrator makes findings of fact as part of final action on the application for final plat.
  2. The Administrator makes the following findings of fact.
    1. The subdivision is consistent with the Major Subdivision Primary Plat approval.
    2. A performance surety for unfinished improvements is in place and meets the requirements for a performance surety.
    3. A maintenance surety for finished, inspected, and approved improvements is in place and meets the requirements for a maintenance surety.
    4. An agreement has been signed and filed restricting the applicant from selling, reserving, or committing future lots (i.e., phases that have not received final plat approval) or lots that do not have streets constructed giving access to the public street network. Transfer of the entire subdivision or a phase of the subdivision is permissive.
    5. The subdivision satisfies the requirements of the Town of Avon Construction Standards.
  3. Findings may be in the form of a general statement. Findings that cannot be affirmed must specify the provision not in compliance.
  4. If the Administrator makes affirmative findings of fact, the Administrator tentatively approves the final plat. If the Administrator does not find all the findings of fact in the affirmative, the Administrator denies the final plat.
  5. If the final plat is tentatively approved, the Administrator signs and dates the findings and documentation.
  6. The Administrator conveys a copy of the findings and documentation of action to the applicant. If the final plat was tentatively approved, the Administrator requests the applicant prepare the final plat and supporting information for recording. If the final plat was denied, the Administrator identifies the necessary revisions to the final plat and supporting information, or the modifications to make to previously installed and noncompliant elements of the development before resubmitting and application for final plat approval.
Recording Plat: The process for recording the final plat and supporting information is as follows:
1. Prerequisites: The Administrator signs and dates the findings and documentation.
2. Submittal for Signatures:
  1. The final plat and supporting information are complete and ready for recording.
  2. The applicant submits 1 reproducible Mylar and 2 prints of the final plat and 3 copies of supporting information for signature by the Administrator.
  3. Upon receipt and verification of compliance with submittal requirements, the Administrator signs and dates the documents.
3. Responsibility: The applicant is responsible for recording the approved final plat with the Hendricks County Recorder within 30 days of the date of signature.
4. Within 30 days of recording the applicant submits 2 paper copies and 1 Mylar of the recorded final plat to the Administrator. Failure to do so voids the application. If voided, the application for Major Subdivision Final Plat must be refiled for approval.
Final Action: Delivery of the recorded copies constitutes final action and final approval.
Replats: A replat consists of two processes. First, the portion of a recorded final plat intended to be changed is vacated in accordance with IC 36-7-3-10 and IC 36-7-3-11. Then, the vacated area is platted using the Major Subdivision of Land; Primary Plat process and the Final Plat process.
Addresses: Addresses will not be assigned to any lot until copies of the recorded final plat are delivered to the Administrator and the required performance or maintenance surety is in place.
Improvement Location Permits: Improvement location permits will not be issued on lots until copies of the recorded final plat are delivered to the Administrator, the required performance or maintenance surety is in place, and the street from which the lot gains access is paved and connects to the public street network.
As-Built Drawings: The developer must provide as-built drawings within 1 year of recording the final plat. As built drawings must be submitted in a digital format as specified by the Avon Public Works Director. Failure to submit as-built drawings is considered a violation of this ordinance and subject to enforcement.

7.5 Minor Subdivision Of Land; Primary Plat

Purpose and Intent: A Minor Subdivision Primary Plat provides the Plan Commission with the opportunity to review the details of a minor subdivision of land to determine compliance with the provisions of this Ordinance, and the Town of Avon Construction Standards. The approval process for a minor subdivision is similar to major subdivisions except there are fewer submittal requirements and a simpler approval process.
Project Applicability: A Minor Subdivision Primary Plat must be prepared in conjunction with any proposal to subdivide property within the jurisdictional area of the Plan Commission.
1. Applicable Districts: The minor subdivision of land may occur in all zoning districts.
2. Restrictions: A proposed division of land including one or more of the following is prohibited from using the Minor Subdivision Primary Plat process:
  1. A new interior street,
  2. Divisions of land resulting in 5 or more lots,
  3. Plan Commission approval to waive the applicable design standards, or
  4. Common area is required.
Prerequisites:
1. Eligible Applicants: An application for Minor Subdivision Primary Plat is initiated by the owner of the land involved in the subdivision or the owner's authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner must accompany the application.
2. Pre-application Conference: Before applying for Minor Subdivision Primary Plat, the applicant must meet with the Administrator to examine the conceptual design for the site and review the applicable zoning district, regulatory ordinances, materials, and procedures.
3. Commitments: If any prior approval for the subject property included commitments relative to the proposed subdivision, those commitments must be recorded in the Office of the Hendricks County Recorder prior to applying for Minor Subdivision Primary Plat.
Filing Requirements:
1. Application: An application for Minor Subdivision Primary Plat is made on forms provided by the Administrator, and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany a primary plat application. The Administrator or Plan Commission may request other information necessary to make a thorough review of the project.
  1. A list of the names and mailing addresses of interested parties obtained from the Hendricks County Auditor's office.
  2. A Site Plan, drawn to a scale 1"=50' or 1"=100' unless otherwise approved by the Administrator prior to submission. The site plan must include:
    1. Proposed name of the subdivision including the words "Primary Plat."
    2. Name and address of the applicant.
    3. Name and address of the engineer preparing the plans.
    4. Date of latest submission or revision.
    5. North arrow and graphic scale.
    6. Proposed address for each lot.
    7. Area map showing the general location of the site referenced to major streets.
    8. Legal description of the site.
    9. Legal survey of the site including dimensions.
    10. Location and dimensions of existing easements including a label indicating their function.
    11. Lot layout, lot number, lot dimension, lot area, and applicable building setback lines applied to each lot.
    12. Location and dimensions of any existing structures.
    13. Location of all floodway, floodway fringe, and wetlands within or adjacent to the boundaries of the site.
    14. Existing and proposed contours based in U.S.G.S. datum with intervals of not more than 5 feet where the slope is greater than 10% and not more than 2 feet where the slope is less than 10%. Elevations are based on sea level datum.
    15. Stamp of registered professional engineer for all design documents and stamp of licensed surveyor for all legal survey and legal description documents.
    16. Statement of compliance with the Comprehensive Plan.
    17. Statement of compliance with this Ordinance.
3. Deadline: The application, required plans, and support information must be submitted at least 30 days prior to the Plan Commission public hearing on the application.
4. Required Quantities and Format of Submittals: The applicant submits 5 hard copies of the application and supporting information, one digital copy of the application and all supporting information in .pdf format, and one digital copy of any drawings in .dwg format.
Formal Procedure:
1. Application Submittal and Assignment: An application determined to be substantially complete by the Administrator is assigned a case number and is placed on the next available Plan Commission agenda occurring at least 30 days after submittal. The Administrator notifies the applicant of the hearing date.
2. Technical Review: The Administrator and, if necessary, the Technical Advisory Committee, will review and comment on the plans based on this Ordinance, other town ordinances, and known County, State or Federal rules, regulations and law.
  
  The Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the application, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Administrator concerning the proposal and information from the Technical Advisory Committee. A copy of the report is made available to the applicant and all interested persons prior to the public hearing.
3. Submittal of Revised Plans: The petitioner is given the opportunity to submit revised plans addressing concerns or compliance issues identified by the technical review. Revised plans must be received at least 18 days prior to the Plan Commission meeting. If unresolved issues persist, the Administrator may ask for a continuance to allow additional time for revisions before going before the Plan Commission meeting. Copies of the revised plan review are made available to the applicant and interested persons prior to the public hearing.
4. Public Notice: Notice of the public hearing is made in accordance with IC 36-7-4-706 and the Plan Commission’s Rules of Procedure. All costs associated with providing public notice are borne by the applicant.
5. Public Hearing: A public hearing is held in accordance with the Plan Commission Rules and Procedures.
6. Review: The Plan Commission reviews and hears:
  1. The application for primary plat and all supporting information.
  2. The testimony of the applicant.
  3. Information presented in writing or verbally by the Administrator.
  4. Input from the public during the public hearing.
  5. Applicable provisions of these Subdivision Regulations.
  6. Applicable requirements of the Town of Avon Construction Standards.
7. Decision:
  1. The Plan Commission takes final action or continues the application for Minor Subdivision Primary Plat to a defined future meeting date.
  2. If pursuing final action, the Plan Commission makes the following findings of fact:
    1. The proposal is consistent with the Comprehensive Plan.
    2. The proposal satisfies the standards of this Ordinance and the construction requirements of the Town of Avon Construction Standards.
  3. Affirmation of findings may be in the form of a general statement. Findings that cannot be affirmed must specify the provision not in compliance.
  4. The Plan Commission may require the applicant to prepare written commitments concerning the primary plat to be made in writing prior to formal action.
  5. Final Action: If the Plan Commission finds all the findings of fact in the affirmative, it approves or approves with commitments the application for Minor Subdivision Primary Plat. If the Plan Commission does not find all the findings of fact in the affirmative, it denies the application for Minor Subdivision Primary Plat.
  6. If the Minor Subdivision Primary Plat is approved, the primary plat, supporting information, findings, documentation of final action, written commitments, and any conditions are signed and dated by the President of the Plan Commission. Written commitments are recorded in the office of the Hendricks County Recorder within 90 days of the Plan Commission's approval of the primary plat or the approval is nullified.
  7. The Administrator provides the applicant a copy of the decision.
Duration: An approved Minor Subdivision Primary Plat is valid for 2 years from the date of Plan Commission approval. The Administrator may grant one extension up to six months.
Modification:
1. Replats: A replat consists of two processes. First, the approved Minor Subdivision Primary Plat is voided and revoked by the applicant. Second, a new application is submitted for a Minor Subdivision of Land.
2. Minor Amendments: The applicant may seek minor amendments to an approved Minor Subdivision Primary Plat. Minor amendments are limited to adjustment to lot lines (e.g. changes to lot widths) provided the changes do not adversely impact the integrity of the approved Minor Subdivision Primary Plat and the changes maintain compliance with this Ordinance. A minor amendment may be approved by the Administrator without a public hearing. A minor amendment authorized by the Administrator is reported in writing to the Plan Commission at their next regular meeting.

7.6 Minor Subdivision Of Land; Final Plat

Purpose and Intent: The Minor Subdivision Final Plat assures that the primary plat and support information are prepared and recorded.
Delegation of Powers: In accordance with IC 36-7-4-709 as amended, the Plan Commission delegates final plat approval authority to the Administrator.
Prerequisites: A Minor Subdivision Primary Plat must have already been approved by the Plan Commission prior to applying for final plat.
Filing Requirements:
1. Application: An application for a Minor Subdivision Final Plat is made on forms provided by the Administrator and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany the application:
  1. Statement from a licensed surveyor indicating that required monuments and markers have been placed, or an agreement from the applicant to comply with monument and marker requirement within 3 months.
  2. Any other information necessary to review the Minor Subdivision Final Plat as requested on the application form or from the Administrator.
3. Deadline: The application and supporting information must be filed within 2 years from the date the Minor Subdivision Primary Plat was approved by the Plan Commission.
4. Required Quantities and Format of Submittals: The applicant submits 1 reproducible Mylar and 2 paper prints of the final plat, and 3 copies of supporting documents and in their final form for recording and ready for signature.
Formal Procedure:
1. Review: The Administrator determines if the application is substantially complete. Upon determining substantial completion, the Administrator reviews the final plat and supporting information for compliance.
2. Submittal of Revised Plans: The applicant is given the opportunity to revise plans to address issues identified by the Administrator.
3. Decision: When the Administrator determines the proposal is consistent with the Minor Subdivision Primary Plat approval, the Administrator approves the final plat application and signs and dates the final plat. If the Administrator determines the proposal is not in compliance, the Administrator denies the final plat application and notifies the applicant of the deficiencies to be remedied to secure plat approval.
Plat Recording Process:
1. Prerequisites: The final plat is signed and dated by the Administrator and conveyed to the applicant.
2. Responsibility: The applicant is responsible for recording the approved final plat with the Hendricks County Recorder within 30 days of the date of signature.
3. Deliver Copies and Proof of Recording: The applicant submits 2 paper copies and 1 Mylar of the recorded final plat to the Administrator. Failure to record the final plat and supporting information within the 30-day time frame voids the application. The application must be refiled for Minor Subdivision Final Plat approval.
Replat: A replat consists of two processes. First, the recorded final plat is vacated in accordance with IC 36-7-3-10 and IC 36-7-3-11. Then, the area is platted using the Minor Subdivision of Land process.
Addresses: Addresses will not be assigned until the final plat is recorded and copies are delivered to the Administrator.
Improvement Location Permits: Improvement location permits will not be issued until the final plat is recorded and copies delivered to the Administrator.
As-built Drawings: The developer must provide as-built drawings within one year of recording the final plat. Asbuilt drawings must be submitted in a digital format as specified by the Avon Public Works Director. Failure to submit as-built drawings is considered a violation of this Ordinance and subject to enforcement.

7.7 Subdivision Of Land; Administrative

Purpose and Intent: An administrative subdivision provides the Town with the opportunity to expedite adjustments to property lines when no new lots are created or when parcels are merged into fewer buildable lots. This provision is an administrative process for exempt forms of subdivision.
Project Applicability: An administrative subdivision can be used to modify the division of property according to the standards written below. All other divisions of land or alterations to property lines must be processed as a Minor Subdivision or Major Subdivision.
1. Applicable Districts: An administrative subdivision may occur in any zoning district.
2. Applicable Actions:
  1. Merging Common Ownership Lots: The owner of 2 to 10 lots may merge them together as fewer buildable lots when the resulting lot does not result in a new nonconformance or an escalation in an existing nonconformance; and when there is no change to public services, roads, or utilities.
  2. Splitting a Lot and Merging Its Pieces with Two or More Adjacent Lots: Owners of 2 or more lots adjacent to a vacant lot may jointly purchase the lot, divide it, and merge all of the pieces with their buildable lot. If the lot is not vacant, the primary structure must be demolished and/or the primary use dissolved prior to application for an administrative subdivision.
  3. Adjusting Lot Lines: Two owners may adjust a lot line separating their two properties if survey errors were discovered or if both owners desire such a modification as long as it does not result in a new nonconformance or an escalation in an existing nonconformance; and does not reduce either's lot area by more than 25%.
Prerequisites:
1. Eligible Applicant: Owners of all applicable lots or their authorized agent may apply for primary plat approval. A signed and notarized consent form from the owners must accompany the application if submitted by an authorized agent.
2. Removing Unnecessary Driveway Cuts: Pre-existing driveway cuts established for a dissolved lot must be vacated and removed, including the apron within the right-of-way.
3. Restrictions: A proposed subdivision that includes one or more of the following is prohibited from using the administrative subdivision process:
  1. An additional driveway cut, or
  2. A subdivision that was platted on or after the Town’s first Subdivision Regulations’ effective date.
Administrative Subdivision Filing Requirements:
1. Application: An application for an administrative subdivision is made on forms provided by the Administrator and electronically per the Avon Planning and Building Office.
2. Supporting Information: The following information must accompany an administrative subdivision application: a legal description and address for each lot involved. The Administrator may waive in writing the submittal of unnecessary information relative to the application. The Administrator may request other information necessary to make a thorough review of the project.
3. Site Plan: A Site Plan, drawn to a scale of 1”=50' or 1"=100' unless otherwise approved by the Administrator prior to submission. The site plan includes:
  1. Name and address of the applicant,
  2. North arrow and graphic scale,
  3. Adjacent streets, sidewalks, and easements,
  4. Boundary lines of each lot including all lot dimensions,
  5. Proposed adjustments with lot dimensions, lot area, and building setback lines on the resulting lots,
  6. Footprint and dimensions of existing structures with measurements to property lines pre and post adjustments, and
  7. Stamp of registered professional engineer, surveyor, landscape architect, or architect.
4. Submittal Material: The applicant provides 3 paper copies of the application and supporting information; and 1 digital copy of the application and supporting information in .pdf format.
Procedure and Approval:
1. Review of Material: A complete application for an administrative subdivision is reviewed by the Administrator and an appointed member of the Plan Commission for compliance with the Subdivision Regulations. If a member of the Plan Commission has not been appointed the Plan Commission President serves as the second reviewer.
2. Decision: The Administrator and Plan Commission representative make a joint determination as to whether the petition complies with the standards. If the petition complies, it is approved, and all 3 copies are signed by both reviewers. A signed copy is retained for Town records and 2 copies are conveyed to the applicant; one for personal records and one for recording with the Hendricks County Recorder's office.
3. Report to Plan Commission: After approval, at the first regularly scheduled Plan Commission meeting, the approval of any administrative subdivisions are be reported by the Administrator.
4. Proof of Recording: To officially complete the process the applicant records the plat with the Hendricks County Recorder's office and provides proof to the Administrator.
5. Failure to Record: If an approved administrative subdivision is not recorded within 30 days from the date of approval and signature, the application and approval are deemed void. The Administrator reports any failures to the Plan Commission at their first regularly scheduled meeting after discovering default occurred and notifies the applicant of the failure to record in the Town's records.
Improvement Location Permits: A building permit will not be issued until proof of recording is demonstrated.

7.8 Principles And Standards Of Design

Improvement location permits, development plans and subdivisions must conform to the principles and standards established by this Ordinance.
The Town of Avon Construction Standards and Specifications (“Construction Standards"), as published and maintained by the Avon Public Works Department, are incorporated, as amended, by cross-reference into this Ordinance. All development plans and subdivisions must conform to the Construction Standards.

7.9 Architectural Standards -- Residential Districts

General Residential Architectural Standards:
1. Vinyl siding used on residential dwellings must meet the following specifications:
  1. Material Requirements:
    1. Vinyl must have a minimum thickness of 0.044 with a minimum butt or panel projection of 3/4 inch.
    2. Heavy duty lock extended return leg is required.
    3. A full rollover/ double nail hem or approved hammer stop is required if the vinyl is less than 0.048 inches thick.
    4. The maximum panel width between butts is 5 inches, except for panels with foam backing.
  2. Sheathing Requirements:
    1. Use of 7/16 inch minimum thickness OSB or plywood is preferred.
    2. Rigid foam insulation boards must have a minimum thickness of 1/2 inch, have a reinforced plastic membrane surface on both sides, and a minimum compression strength of 15 PSI.
    3. All sheathing materials must have a weather resistant barrier, which may be incorporated with other products.
  3. Construction/Installation Requirements:
    1. Exterior wall stud spacing must not exceed 16” on center.
    2. Manufactured I joists abutting outer walls must have a band board wrap to provide a flush nailing surface.
    3. Shutters, downspouts, utility connections and other attachments must be connected to the building in a manner that does not restrict the movement of the vinyl siding. All attachment hardware must pass through the siding into substrate with nail-holding strength. All penetrations in the siding must be properly sealed to prevent moisture infiltration.
    4. All wall penetrations must be properly flashed according to the manufacturer’s instructions.
    5. Installers must be certified by the Vinyl Siding Institute.
Single-Family Detached Residential Architectural Standards:
1. Architectural Standards:
  1. Applicability: These standards apply to new detached single-family dwelling units. New detached single-family dwelling units must comply with the architectural standards listed on 7.27 Single-Family Architectural Standards Tables.
Multi-Family Residential Architectural Standards: All new multi-family dwellings must comply with the following:
1. Design detailing must continue completely around the building consistent with the intended architectural style. Detailing elements include, but are not limited to, number and style of windows, window placement, trim detailing, roof design, and exterior materials.
2. Permitted exterior materials include Exterior Insulation and Finish System (E.I.F.S.), synthetic stucco, masonry materials, wood, fiber cement siding, and polymeric cladding. Aluminum and vinyl siding are prohibited.
3. At least 75% of each building façade, excluding windows and doors, must be masonry materials or fiber cement siding.
4. Each building façade must utilize at least 2 different exterior building materials (excluding window, door, and roofing materials). A different style of the same building material (e.g., horizontal and shake-style fiber cement siding) does not constitute two different building materials.
5. Windows: A building façade must incorporate a minimum of one window (a minimum of 15 square feet) per dwelling unit located along the building façade. Required windows may be located anywhere on the building façade, as architecturally appropriate. Windows in a building façade of a masonry material must have a casing or sill of natural or masonry material. Windows in a building façade of a non-masonry material must be trimmed to match the architectural style of the building.
6. Roof Design:
  1. The roof pitch of the main roof must be at least 6:12. Elements such as porches, bays, walkways, may have a lower roof pitch. Lower roof pitches may occur on rear elevations if concealed by side roof elements.
  2. The roof overhangs must be at least 11 inches, as measured prior to the installation of masonry materials.
  3. The roof form and pitch design of a building must include, where appropriate, varied pitches and ridge levels in accordance with the intended architectural style of the building and the building façade projections.
7. Streetscape Diversity:
  1. Building elevations of similar floor plans must have variety in style, massing, use of materials, and detailing of elements. The same elevation may occur as buildings are grouped together if each building plan has a minimum of 2 different elevation styles.
  2. If more than 1 building is proposed, then the building(s) must be located so no more than 2 buildings are in a straight, unbroken line. An unbroken line includes an offset in the building setback at least 1/3 the height of the adjacent building.

7.10 Architectural Standards -- Commercial, Mixed-Use, And Institutional Districts

In reviewing the architectural design of commercial, mixed-use, and institutional buildings the Plan Commission considers:

Context: All buildings are designed with respect to the general character of the Comprehensive Plan, Ronald Reagan Corridor Master Plan, and other planning documents.
Architectural Features: The following architectural features may be used to meet the design requirements of this section.
1. Change in plane
2. Change in texture or masonry pattern
3. Change in building materials
4. Windows, trellis with vines
5. Color changes
6. Texture changes
7. Material module changes
8. Canopies or porticos
9. Overhangs
10. Recesses and/or projections
11. Raised cornice parapets over the door
12. Peaked roof forms
13. Arches
14. Architectural details including tile work and moldings integrated into the building structure and design
15. Integral planters or wing walls the incorporate landscaped areas and/or places for sitting
16. Other features approved by the Plan Commission.
Massing:
1. A single, large, dominant building mass must be avoided in new buildings and, to the extent reasonably feasible, to existing buildings when changes to the exterior of the building are proposed.
2. Changes in mass are related to entrances, the integral structure and/or the organization of interior spaces and activities and not merely for cosmetic effect. False fronts or parapets that create an insubstantial appearance and are prohibited.
Façade Treatment:
1. Facades abutting arterial and collector streets must add architectural interest and variety and avoid the effect of a single wall or long or massive walls with no relation to human scale. No wall facing a street or connecting walkway can have a blank, uninterrupted length exceeding 50 feet without including at least two of the architectural features listed.
2. Facades greater than 100 feet in length must incorporate wall plane projections or recesses having a depth of at least 3 feet and extending at least 20 feet.
3. Horizontal masses cannot exceed a height to width ratio of 1:3 without substantial variation in massing that includes a change in height and projecting or recessed elements.
4. Building facades must include a repeating pattern that includes one or more of the architectural features listed above.
5. Facades must have an expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib.
6. Facades must have at least one of the architectural features listed that repeat horizontally. Elements must repeat at intervals of no more than 30 feet, either horizontally or vertically.
7. A minimum of two different exterior finish materials must be used for building exteriors, including stone, brick, architectural pre-cast (panels or detailing if the surface looks like brick or stone), architectural metal panels, glass, ornamental metal and Dryvit or stucco when not exceeding the maximum wall coverage. The building(s) must use these materials for all the exterior finish. The building may not be constructed entirely of a metal and glass curtain wall. Where materials are combined horizontally on one façade, the heavier material must be below.
8. A minimum of 2 different colors must be used on facades. The use of high intensity, neon, or fluorescent colors is prohibited.
9. Retail buildings must provide glazing on a minimum of 35% of the ground floor front façade. Side facades must contain (1) a minimum of 10% glazing of the ground floor side facade or (2) two architectural features.
Roofs: Roofs must include at least 2 of the following:
1. Roofs may be constructed of an energy efficient material in order to reduce the heat island effect;
2. Parapets with a three-dimensional cornice treatment that conceal flat roofs and rooftop equipment from public view;
3. Overhanging eaves extending at least 3 feet past the supporting walls;
4. Sloping roofs with an average pitch between 4:12 and 12:12; or
5. Three or more roof slope planes.
Entryways: Each principal building on a site must have clearly defined, highly visible entrances featuring at least 1 of the architectural features listed. When additional tenant spaces will be in the principal building, each space must have at least one exterior entrance that conforms to the above requirements.
Building Elements & Accessory Structures:
1. Separate building elements or accessory structures should be designated as an integral part of the building design.
2. Signage should be complementary to and integrated with the building design as to not dominate facades or appear tacked on.
3. Appurtenances must be screened or integrated into the building design so that they are not visible from the street.
4. Docks, garage doors, and service areas must be screened to minimize their visibility from adjacent streets.
Site Design and Relationship to Surrounding Community: In order to contribute to the establishment and enhancement of community and public spaces, buildings must provide at least two of the amenities listed below. The amenities must have direct access to the public sidewalk network. The amenities cannot be constructed of materials inferior to the principal materials of the building and landscape.
1. Patio/seating area;
2. Pedestrian plaza with benches;
3. Water feature;
4. Clock tower; or
5. Other such deliberately shaped area and/or a focal feature of amenity that, in the judgment of the Administrator, adequately enhances the community and public spaces.
Building Materials:
1. The following are prohibited as exterior finish materials: brick or stone masonry less than 4 inches thick, concrete block (including split face block), prefabricated steel panels, and vinyl siding. Coating or painting a prohibited material does not constitute a permitted material.
2. The following materials are limited to use only as accent materials: Dryvit and stucco.

7.11 Architectural Standards -- Industrial Districts

All new nonresidential buildings or building additions located within an Industrial District must comply with the following:

Buildings and structures within a single development should have complementary architectural themes.
All roof or ground mounted mechanical equipment must be completely enclosed. Ground-mounted enclosures must be landscaped on all sides not facing the building served in accordance with 5.8 Landscaping Standards.
Each building façade visible from a street or oriented to an adjoining residential district, must have at least 40% masonry materials on the building façade (exclusive of window and doors).
Building façades 90 feet or greater in length, must have offsets at intervals no greater than 60 feet apart. Offsets can project or recess. They must extend the entire vertical plane of the building façade. The offset must be at least 12 inches in depth and be at least 20% of the overall building façade length. Architectural elements (e.g. arcades, columns, pilasters, etc.) meeting the offset requirements may be used to fulfill this requirement.
Loading spaces, loading docks or oversized service doors are prohibited on an external façade.
If materials other than masonry materials are used on any building façade, then the building façade must be enhanced with: (i) the use of multiple colors and textures (e.g., rough, smooth, striated, etc.); or (ii) the addition of architectural elements (e.g. quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.)

7.12 Block Standards

The maximum length of a single-family residential subdivision block is 1,250 feet, except where an internal street or frontage road parallels an expressway or arterial.

7.13 Development Name Standards

Proposed Development Name: The applicant proposes a unique name for the development. The proposed root name must not duplicate or closely approximate in spelling or phonetically, the name of any other development within the Town or within one mile of the town's corporate limit. Deviations in suffix names (e.g. Place, Woods, or Glen) do not constitute a unique name (e.g. if Preston Place exists, the name Preston Woods is not permitted). Unique subareas within a large development or separate developments within proximity may be authorized to use the same root name by the Plan Commission.
Approval Authority: The Plan Commission has authority to approve or deny the proposed development name.
Renaming Authority:
1. Existing development names or development names approved by the Plan Commission, but not yet built, cannot be changed without Plan Commission approval.
2. The Plan Commission has the authority to require the applicant to propose a new unique name for a development if the initial name is unacceptable. If an acceptable unique development name is not proposed by the applicant, the Plan Commission will name the development prior to final approval.

7.14 Easement Standards

Cross-access Easements:
1. Cross-access easements must not impede, encroach, or interfere with utility easements or utility providers.
2. When required by this Ordinance, each property owner of record must execute a cross-access easement instrument in favor of the adjoining property owner. The cross-access easement instrument must be signed by the owners of all associated properties. The cross-access easement instrument must:
  1. Identify the development associated with the cross-access easement.
  2. Grant the public the right to use the easement to access adjoining parking areas, public spaces, or lots.
  3. Prohibit parking vehicles within the easement.
  4. Prohibit any person, including the property owner, from placing an obstruction within the cross-access easement, or from removing or modifying features installed in the easement.
  5. Be binding on all heirs, successors, and assigns to the property.
  6. Be enforceable by the owners of each associated property, the Town, and any other specially affected persons identified in the cross-access easement.
  7. Provide for modification or termination as specified in this Ordinance.
  8. Be cross-referenced to the most recently recorded deeds of the associated properties.
  9. Include a metes and bounds description of the easement.
3. Cross-access Easement Certificate:
  1. Instead of recording a separate cross-access easement instrument, the applicant may place the following language on the final plat to be recorded:
    
    Areas on these plans designated as a Cross-access Easement are established in favor of the adjoining property owner and grant the public the right to enter the easement for purposes of accessing adjoining lots. These easements prohibit any person from parking vehicles within the easement and prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the Town of Avon may enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Town of Avon Subdivision Regulations, or its succeeding ordinance.
  2. The dedication and acceptance of any cross-access easements shown on a recordable instrument is accomplished via a Certificate of Dedication and Acceptance signed by the appropriate property owners, or their agents.
  3. If a Declaration of Covenants is included on the recordable instrument, the cross-access easement certificate must be clearly separate from the Declaration of Covenants.
General Easements:
1. When an easement is proposed by the applicant, required by this Ordinance, or an easement is required per a commitment or condition of approval, but the standards for the easement type are not specified, the property owner of record executes the easement instrument in favor of the appropriate parties (e.g. the general public, Town of Avon, specific abutting property owner, etc.). The easement instrument must be signed by the property owner of record granting the easement and an authorized representative of the party accepting the easement. The easement instrument must:
  1. Identify the development associated with the easement.
  2. Specify the activities the appropriate parties are authorized to perform.
  3. Specify the activities the property owner of record is prohibited from performing.
  4. Be binding on all heirs, successors, and assigns to the property.
  5. Be enforceable by the property owner of record, any appropriate parties, and the Town of Avon.
  6. Provide for modification in the manner stipulated in this Ordinance.
  7. Be cross-referenced to the most recently recorded deed to the property.
  8. Include a metes and bounds description.
  9. Be signed by an authorized representative of the property owner of record granting the easement and by an authorized representative of the grantee accepting the easement.
2. Easement Certificate:
  1. When a final plat is being recorded, the applicant may place a Plan Commission Attorney-approved easement certificate on the final plat instead of recording a separate easement instrument.
  2. The dedication and acceptance of any easements shown on a recordable instrument are accomplished by a Certificate of Dedication and Acceptance signed by the appropriate property owners or their agents.
  3. If a Declaration of Covenants is included on the recordable instrument, the easement certificate must be separate from the Declaration of Covenants.

7.15 Erosion Control Standards

All proposed subdivisions must comply with the Title V. Chapter 54 Stormwater Management in the Town of Avon Code of Ordinances.
Permits:
1. A Stormwater Pollution Prevention Plan must reviewed and a Site Improvement Permit must be issued by the MS4 Coordinator before changes are made in the contour of the land, or before beginning grading or excavating begin.
2. Any development over one acre must obtain a Rule 5 Permit from the Indiana Department of Environmental Management.
Off-site Sedimentation: Whenever sedimentation is caused by stripping vegetation, regrading, or other development activities, it is the responsibility of the applicant to remove sedimentation from all adjoining surfaces, drainage systems, and watercourses, and to repair any damage. This work is done at the applicant's expense.
Fill Material: All fill material must be compacted to meet the specifications in the Town of Avon Construction Standards.
1. Off-site fill material must be free of environmentally hazardous materials. The source of fill material must be identified upon request of the MS4 Coordinator or Administrator.
2. Detrimental amounts of organic material are not permitted in fill material.
3. No rock or similar irreducible material with a dimension greater than 12 inches, measured through a cross-section of the material, can be buried or placed in fills unless approved as part of the Site Improvement Permit.
4. Stockpiling of fill material must not occur more than two years beyond the approval date of a final plat. A mass excavation and grading bond in the amount of 110% of the total earthwork costs associated with a subdivision section must be submitted by the applicant upon the recording of the final plat.
Health, Safety and Welfare: If the MS4 Coordinator, Avon Public Works Director, or Administrator determines that any existing excavation, embankment, or fill is hazardous, the property owner or the owner's agent will be notified in writing. Within the period specified, the hazard must be repaired or eliminated or be subject to enforcement (see CHAPTER 9: ADMINISTRATION AND ENFORCEMENT).
Disturbance of Protected Areas: If any protected area is driven over, altered, disturbed, or damaged in any way, the applicant or property owner is subject to the enforcement (see CHAPTER 9: ADMINISTRATION AND ENFORCEMENT).

7.16 Monument And Marker Standards

Installation of Monuments and Markers: All monument and marker improvements must be installed per 865 lAC 1-12-18 and the Town of Avon Construction Standards.
Centerline Monuments: Monuments conforming to 865 IAC l-12-18(a)(2) must be set on street center lines at the beginning and end of curves and at the intersection of center lines. When it is not practical to set a centerline monument according to 865 IAC 1-12-18(a)(2), a centerline monument conforming to 865 IAC 1-12-18(a)(3) must be set.
Reporting: Upon completion of the development, a licensed surveyor prepares as-built drawings showing the placement of monuments and markers. As-built drawings must also be submitted in the Town's required digital format to the Avon Public Works Director with an affidavit by the surveyor certifying that the monuments and markers are still in place, and were not removed, moved, or buried such that they do not accurately denote surveyed lines or cannot be easily located.

7.17 Open Space And Amenity Standards

Applicability: This article applies to all residential development plans, primary plats, and final plats. All residential developments must set aside open space according to this article.
Minimum Open Space:
1. The minimum open space required for each development, as a percentage of its gross acreage, is as follows:
  
  Zoning District
  Min. Open Space Required
  R1
  5%
  R2
  8%
  R3
  10%
  R4
  12%
  R5
  15%
  MU-OSR
  50%
  MU-COR
  10%
2. The following residential developments are exempted from providing open space under this article:
  1. Developments with a gross density of 0.33 dwelling units per acre
  2. Minor subdivisions
  3. Infill developments with 6 or fewer dwelling units
3. Open space areas retain private ownership by an owners' association or similar joint ownership of all associated properties in perpetuity.
4. The following features count toward the minimum open space requirements.
  1. Any required preservation or conservation area.
  2. Any water feature, including a retention facility, with a surface area of at least 32,670 square feet at normal pool elevation and that supports aquatic life:
  3. Any man-made stormwater dry detention facility at least 10,890 square feet of flat bottom area and a depth that does not exceed 5 feet from top of bank. Slopes within the detention facility cannot exceed 4 horizontal units to 1 vertical unit ratio. A buffer area at least 20 feet wide must be provided around the perimeter of the facility. The buffer area and facility must be planted and maintained as a useable area. Tree planting is permitted within the facility. The water outlet of the facility must use an anti-vortex or anti-entrapment design.
  4. 50% of any floodplain for a natural stream.
  5. Perimeter landscaping areas required in 6:1 Landscaping – General Standards, provided these landscaping areas are located within common open space.
  6. Other common areas set aside to meet open space requirements.
5. Up to 75% of the required open space for one sub-area of a development may be shifted to another sub-area within the same overall development with the approval of the Plan Commission.
6. The Plan Commission has the authority to grant a waiver allowing required open space to be provided off-site in the form of a public park facility.
7. Open space areas are encouraged to be used for active and passive recreation uses tailored to the residents of the neighborhood.
Amenity Centers
1. Amenity centers shall be installed in established common areas, excluding common areas established for perimeter landscaping and buffer yards. The following requirements are cumulative:
  1. Primary Amenity Center: A "neighborhood park" is required in any residential subdivision with a parent tract greater than eighty (80) acres or with over 140 dwelling units. An additional neighborhood park is required per additional eighty (80) acres or 140 dwelling units. When an additional neighborhood park is required one of the following shall occur:
    1. A "sport court" may be substituted and located adjacent to the first "neighborhood park" or on a unique site;
    2. The second "neighborhood park" can be located adjacent to the first with the minimum required amenities for both parks combined together as a single park; or
    3. The second "neighborhood park" can be located on a unique site.
  2. Secondary Amenity Center: A "standard facility" is required in any residential subdivision with a parent tract greater than 120 acres or with over 260 dwelling units. An additional "standard facility" is required for every additional 120 acres or 260 dwelling units. When an additional "standard facility" is required, one of the following shall occur:
    1. A "nature center" may be substituted for an additional "standard facility"; or
    2. The first "standard facility" shall be expanded to an "enhanced facility"; or
    3. The second "standard facility" shall be located on a unique site.
      1. Major Amenity Center: A "swimming pool," "indoor playground," or equivalent amenity feature is required in any residential subdivision with a parent tract greater than 240 acres or with over 460 dwelling units. An additional, but different than the first, "swimming pool," "indoor playground," or the equivalent is required for every additional 240 acres or 400 dwelling units. When an additional "major amenity center" is required, one of the following shall occur:
        An equivalent amenity feature may be substituted for an additional "major amenity center"; or
        The minimum standard for a swimming pool may be doubled; or
        The additional "major amenity center" may be an off-site connection to a municipal park or recreation feature if deemed equivalent by the Plan Commission.
Minimum Standards for Each Facility:
1. Neighborhood Park: A neighborhood park may be a passive park or active park.
  1. Passive Park:
    1. A minimum of one (1) acre; and
    2. A minimum of a small open shelter 200 square feet in area.
  2. Active Park
    1. A minimum of 18,000 square feet;
    2. Playground equipment with at least two (2) slides, four (4) swings, three (3) climbing apparatus, and three (3) additional optional apparatus. All playground equipment shall be commercial grade and permanently affixed to the ground. Further, at least one-third (1/3) of all apparatus shall be designed for toddler; and
    3. A safe surface shall be installed below each apparatus. A safe surface may include, but it is not limited to eight (8) inches of mulch or four (4) inches of recycled tires.
2. Sport Court: The minimum standards for a sport court include one of the following:
  1. Tennis:
    1. A single regulation sized tennis court; and
    2. A commercial quality net and court striping.
  2. Basketball:
    1. A minimum of two (2) separate regulation-sized half courts or one (1) full court;
    2. A minimum of two (2) commercial quality goals opposite of one another and court striping.
  3. Volleyball:
    1. A single regulation sized sand volleyball court;
    2. A minimum of eight (8) feet of sand at each end of the court and six (6) feet of sand on each side for comfortable play; and
    3. A commercial quality net, poles, and boundary tapes.
3. Standard Facility: The minimum standards for a "standard facility" include all of the following:
  1. Architecture: The facility shall be designed to reflect the best residential characteristics in the neighborhood.
  2. Square Footage: The facility shall be at least 800 square feet in floor area.
  3. Outdoor Facilities: A minimum of 300 square feet of patio space plus sidewalks leading to and from the facility.
  4. Furnishings: The facility shall have commercial grade chairs, tables and other furnishings for small parties, small gatherings and small meetings.
4. Enhanced Facility: The minimum standards for an "enhanced facility" include all of the following:
  1. Four Seasons: The facility shall be fully enclosed, heated and air-conditioned.
  2. Architecture: The facility shall be designed to reflect the best residential characteristics in the neighborhood, and have a brick or stone chimney.
  3. Square Footage: The facility shall be at least 1,600 square feet in floor area. Indoor Facilities: The facility shall have at least a men’s and women’s restroom, a full kitchen, gas or wood burning fireplace, and a minimum of 100 square feet of lockable storage.
  4. Outdoor Facilities: A minimum of 600 square feet of patio space plus sidewalks leading to and from the facility.
  5. Furnishings: The facility shall have commercial grade chairs, tables and other furnishings for large parties, large gatherings and large meetings. It should also have two (2) pieces of indoor play sets for children.
5. 5. Nature Center: The minimum standards for a "nature center" include all of the following:
  1. Location/Area: The nature center shall be located adjacent to or on a wooded lot, and shall be located on a minimum of a one-half acre (½-ac.) parcel.
  2. Four Seasons: The nature center shall be fully enclosed and heated and airconditioned. All mechanical equipment shall be substantially screened.
  3. Architecture: The nature center shall be designed to blend into the natural area and be complementary to the neighborhood.
  4. Square Footage: The nature center shall be at least 500 square feet in floor area.
  5. Indoor Facilities: The nature center shall have at least a men’s and women’s restroom, and twenty (20) educational displays, and a minimum of fifty (50) square feet of lockable storage.
  6. Outdoor Facilities: A minimum of 300 square feet of gathering space plus sidewalks leading to and from the facility. The gathering space and sidewalks leading to the nature center do not have to be concrete. They may be wood, stone, crushed limestone or similar natural material.
  7. Furnishings: The nature center shall have commercial grade chairs, tables and other furnishings for small parties, small gatherings and small meetings.
  8. Landscaping: The nature center shall have at least five (5) canopy trees planted around the facility if it is not located on or immediately adjacent to a wooded lot.
6. Swimming Pool: The minimum standard for a swimming pool includes all of the following:
  1. Area: The pool shall be at least 1,200 square feet in area when the subdivision has 150 dwelling units or less. The pool shall be at least 1,800 square feet in area when the subdivision has more than 150 dwelling units, and shall have a secondary pool feature (e.g. zero-depth pool entrance, tot pool, or splash pad).
  2. Fencing: A decorative, non-privacy, metal fence shall be installed as per the height required per code.
  3. Indoor Facilities: An enclosed men’s and women’s restroom/changing room are required in proximity to the pool.
  4. Patio: A hard surface area shall extend at least twelve (12) feet from the edge of the pool on all sides.
  5. Landscaping: Landscaping shall be installed around the facility and reflect the best characteristics of the neighborhood.
7. Indoor Playground: The minimum standards for an "indoor playground" include all of the following:
  1. Four Seasons: The facility shall be fully enclosed, heated and air-conditioned.
  2. Square Footage: The facility shall be at least 700 square feet in area.
  3. Architecture: The facility shall be designed to reflect the best residential characteristics in the neighborhood.
  4. Indoor Play Features: The indoor playground shall have at least two (2) slides, four (4) climbing apparatus, and two (2) additional optional apparatus. The ceiling height shall be at least fourteen (14) feet and the floor shall be effectively padded with a foam or rubber covering where appropriate.
  5. Other Indoor Features: The indoor playground shall have a men’s and women’s restroom and a minimum of fifty (50) square feet of lockable storage.

7.18 Owners Association Standards

Any development with common area, private streets, shared parking, amenity centers, retention pond, detention pond, and the like must meet the Owners' Association Standards.
Establishment of Owners Association:
1. An owners association is created in perpetuity to maintain all common property and common facilities.
2. An owners association is a legal mechanism providing shared ownership or shared responsibility of common property and common facilities. A board of directors or other means for representation in decision-making must be established.
3. The legal mechanism binding all property owners or vested parties must be recorded with the Hendricks County Recorder and be cross-referenced to each applicable lot or property.
4. The owners association is responsible for the administration of any covenants the development. The Declaration of Covenants must be recorded with the Hendricks County Recorder before selling a lot or unit.
5. Covenant language resulting from as a commitment or condition of approval must be clearly noted as non-amendable by the owners association in perpetuity.
6. The legal mechanism must include an association fee or other financial mechanism must be included in the legal mechanism and be equal to the financial needs of the owners association to maintain common property and common facilities, and to accumulate a reserve account for long-term large expenditures, emergencies, and contingencies.
The developer must not enter into any contractual obligation on behalf of the owners association that exceeds 1 year. Once the residents control the owners association, the renewal of such a contract is at the discretion of the owners association.
Failure of the owners association to maintain an effective legal mechanism or fulfill its responsibilities within that legal mechanism is deemed a violation of this Ordinance and may be subject to enforcement (see CHAPTER 9: ADMINISTRATION AND ENFORCEMENT).
Restrictive Covenant Standards:
1. Applicability: A Declaration of Covenants applying to each lot within a subdivision must be prepared and submitted for review as part of the application for subdivision approval. The applicant must provide a final copy of the Declaration of Covenants for review by the Administrator prior to recording.
2. The following language is required in the Declaration of Covenants:
  1. Language required by the Town may not be amended or removed without approval by the Avon Plan Commission. Waivers or variances to the language required by the Town of Avon will only be granted by the Avon Plan Commission or indicated authority.
  2. When private improvements such as street lighting, a retention pond and other drainage systems, and private streets and sidewalks located outside the right-of-way are installed, the Town of Avon will never be obligated to accept the private improvements as public property. The Town of Avon bears no financial responsibility for operation or maintenance costs associated with the private improvements. The owners association bears the cost of operation and maintenance. In the event the owners association fails to maintain the private improvements, the Town of Avon may make the improvements and assess each property for the project cost plus administration costs.
  3. Unless approved by the Avon Public Works Director, no fence, wall, building, or other obstruction may be placed or maintained in an area designated on the plat as a drainage or utility easement. Unless approved by the Avon Public Works Director, there can be no alteration of the grades or contours within the easement area.
  4. When landscaping is installed in common areas or easements, the owners association is responsible for maintaining the plant material in healthy condition, removal of dead or diseased vegetation, and/or replacement of landscaping.
  5. Once rights-of-way are platted, the Town of Avon obtains ownership of the area within the right-of-way. The Town of Avon retains the right to reasonably remove any tree or shrub impeding work to be performed by the Town and/or all public utilities, or other properly authorized users, even if the owners association is assigned financial, maintenance, or replacement responsibility. However, action by the Town of Avon will not result in an unnecessary or unfair financial burden to the owners association.
  6. Each owner agrees that the Town of Avon, Indiana, is authorized and empowered to require the owners association and each owner, jointly and/or individually, to provide for the orderly maintenance and upkeep of the common areas. The Town may determine the common areas are being maintained in a manner dangerous or detrimental to the public health, safety and welfare, according to the provisions of the Avon Town Code. After providing 30 days’ notice to the owners association, the Town may enter the common area and make any repairs or improvements necessary to remedy such conditions. The owners association is obligated to pay to the Town the costs for all improvements, work, and/or labor, provided to the common areas within 15 days of receipt of a statement from the Town. The statement is required to be served only upon the president of the owners association. All individual owners hereby waive notice of receipt of the statement for such costs. To secure payment, a continuing lien will arise and charge against each lot in favor of the Town in an amount including costs and reasonable attorneys' fees to the extent permissible by law. The Town may bring an action of law against the owners association and/or any owner or foreclose a lien against any property owned by any owner. Neither the owners association nor any owner may waive or otherwise escape liability for the cost incurred by the Town described here.
3. Whenever a private covenant land use regulation imposes a greater restriction or a higher standard than required by a provision this Ordinance, the Town is not obligated to enforce the provisions of the private covenant.

7.19 Pedestrian Network Standards

Sidewalks or side paths should be located one foot inside the right-of-way to be dedicated to the Town. If utility poles, trees, or other features complicate installation, then the sidewalk or side path may extend into common areas or private property if a pedestrian easement is created and executed.
Sidewalks must be spaced away from the curb to create a tree plot and to provide pedestrian separation from vehicles. as indicated in the Town of Avon Construction Standards.
The minimum sidewalk or sidepath width is according to the Town of Avon Engineering and Construction Standards.

7.20 Stormwater Standards

Subdivisions must provide for the collection and management of all storm and surface water drainage.
Cross-reference:
1. Developments within the zoning jurisdiction of the Town of Avon must meet or exceed the Town Stormwater Management Ordinance. (See Title V.· Chapter 54 Stormwater Management in the Town of Avon Code of Ordinances.)
2. Developments outside of the Town of Avon's municipal limits and developments accessing a county legal drain must meet or exceed the standards of Hendricks County per the Hendricks County Surveyor's office.
3. Drainage facilities must be constructed to meet or exceed the Town of Avon Construction Standards.
Proposed drainage facilities must meet the following conditions:
1. Proposed drainage facilities must be in common areas or on private property with the necessary utility and drainage easements created and executed.
2. A proposed retention pond or detention facility must have an access easement at least 20 feet wide from at least one public right-of-way or private street for either public access or maintenance access. This access easement may also be a drainage easement but must be obstacle free and graded for work trucks and earth moving equipment to access the drainage facility. If limited to maintenance access, the homeowner's association and its contractors, Hendricks County government, and Town of Avon government will be named and granted rights to utilize the easement.
3. Proposed drainage facilities will be inspected during construction by the Avon Public Works Director or a professional engineer at the expense of the applicant to certify compliance with this Ordinance and Title V.· Chapter 54 in the Town of Avon Code of Ordinances.
The applicant may propose a "Low Impact Design" solution that meets or exceeds the intent of the Stormwater Standards. The Plan Commission encourages low impact design and will determine whether the proposed green stormwater management system meets or exceeds the Stormwater Standards. Any alternative solution is subject to Avon Public Works and Avon Stormwater Engineer review and approval.

7.21 Street And Right-Of-Way Standards

Applicability: Proposed developments must allocate adequate areas for new streets in conformity with 7.8 Principles and Standards of Design and the Thoroughfare Plan.
Thoroughfare Plan: The Thoroughfare Plan is declared to be a part of this Ordinance.
Compliance with Thoroughfare Plan: In addition to meeting requirements of the Americans with Disabilities Act (ADA), developments abutting or adjoining streets designated on the Thoroughfare Plan must conform to the requirements of the Thoroughfare Plan regarding the dedication of rights-of-way.
Dedication of Public Improvement Standards:

Project Applicability: The following standard applies to a subdivision containing public streets, public sidewalks, public side paths, or public trails.

Right-of-way: The primary plat and final plat must show the necessary right-of-way for each public facility. The right-of-way is considered dedicated upon final plat approval.

Exclude Atypical Features: The Town of Avon may elect to not allow atypical access and parking facilities to be included in the proposed right-of-way, such as alleys, driveway aprons, access roads, unusual on-street parking, or eyebrows.
1. Performance Surety: Prior to recording the final plat, a performance bond must be provided to the Town in the amount of 110% of the total cost for the public streets, public sidewalks, public side paths, public trails, erosion control, street signs, boundary markers and monuments, drainage improvements, and mass excavation.
2. Exemption: The responsibility for a surety for sidewalks may transferred to a builder if the builder has purchased the lots or has exclusivity to develop lots within the development. If this practice is utilized, the builder provides a surety equal to 20% of the total cost of the sidewalk for each lot under the builder's control.
3. Other Public Facilities: The Avon Town Council may allow other facilities to be dedicated to the Town. Under no circumstance is the Town Council required to accept other public facilities. These facilities may include parks, open space, retention ponds, public utilities, drainage facilities, or street lighting in which the Town may have interest. Performance bonds may be required.
Street and Access Standards:
1. General: All developments must provide adequate access to the existing street network and allocate adequate areas for new streets consistent with the Thoroughfare Plan and all other applicable ordinances. All street improvements, private or public, must be designed, constructed, and installed to meet or exceed the requirements of this Ordinance and the Town of Avon Construction Standards.
2. Design Principles: Streets must create conditions favorable to health, safety, convenience, and the harmonious development of the community; give consideration to connectivity to adjacent parcels; and provide access to the Town’s existing street network.
  
  Permanent dead-end streets are prohibited. Cul-de-sacs and stub streets are not considered dead end streets.
  
  Eyebrow streets are prohibited as part of the right-of-way. Eyebrow streets may be used but must be privately maintained by the owner's association or the contiguous lot owners who gain access from the eyebrow street.
3. Connectivity: Developments must provide stub streets to connect to adjacent properties that meet the following criteria:
  1. Where the development abuts land that has established stub streets, built or platted, the applicant must design the street system to connect to those stub streets.
  2. Where the development abuts undeveloped land, stub streets may be proposed by the applicant. Generally, each side of the development not bordering a public street should have at least one stub street. In large developments, additional stub streets may be necessary to provide adequate connectivity to adjacent properties. The final number and location of stub streets is determined by the Administrator and the Avon Public Works Director.
  3. Regard is given to the Thoroughfare Plan for the Town of Avon.
4. Stub Streets: Stub streets must be constructed at the same time other streets are built within the development. A sign indicating the stub street will connect to a future development is placed at the end of each stub street and maintained in perpetuity by the owner's association. A vehicular barricade must also be installed at the property line.
5. Temporary Turnarounds: A temporary turnaround is required for each stub street and a temporary turnaround easement must be provided for the turnaround. When a temporary turnaround is required, the applicant executes a temporary turnaround easement instrument in favor of the general public through the Avon Town Council. Alternatively, a temporary turnaround easement certificate may be placed on the plat to be recorded. The easement instrument must:
  1. Identify the development with which the temporary turnaround easement is associated.
  2. The temporary turnaround easement grants the general public the right to access the easement for purpose of maneuvering vehicles.
  3. The temporary turnaround easement grants the Town of Avon the right to alter, repair, maintain, or remove the improvements.
  4. The temporary turnaround easement prohibits any person from parking vehicles within the easement.
  5. The temporary turnaround easement prohibits any person, including the property owner, from placing any obstruction within the easement.
  6. The temporary turnaround easement is binding on all heirs, successors, and assigns to the property on which the temporary turnaround easement is located.
  7. The temporary turnaround easement is enforceable by the Town Council, the Avon Public Works Director, the Plan Commission, the Administrator, or the Town of Avon's Attorney.
  8. The temporary turnaround easement automatically terminates upon the Town’s acceptance of a connecting street. Otherwise, the temporary turnaround easement can only be modified or terminated in a manner specified in these Subdivision Regulations.
  9. When a temporary turnaround easement instrument is used, it must cross-reference the most recently recorded deed to the property on which the easement is to be established; include a metes and bounds description of the easement; and be signed by the property owner of record granting the easement and by authorized representatives of the Avon Town Council accepting the easement.
  10. When a temporary turnaround easement certificate is used on a final, the dedication and acceptance of the easement is accomplished by a Certificate of Dedication signed by the property owner of record granting the easement, and a Certificate of Acceptance signed by the appropriate representative of the Avon Town Council. These documents are recorded with the final plat and cannot be part of any Declaration of Covenants for the development.
6. Gated Entrances: Developments may have gated entrances. Gated entrances must have an apparatus installed to allow emergency vehicles and utility providers quick and easy access to the development. The gates must allow the largest fire truck in service in the Town to easily turn into the development.
  
  Gated Entrances must be approved by the Avon Fire Department, Avon Police Department, and the Department of Public Works. Any street separated from the public street network by a gated entrance must be a private street.
7. Boulevard Entrances:
  1. Smaller developments may have a boulevard entrance. Developments with over 75 residential lots or 10 or more non-residential lots are required to install a boulevard entrance.
  2. A boulevard entrance must extend at least 50 feet from the perimeter street's right-of-way.
  3. The center planting strip must be at least 10 feet wide. It remains public right-of-way and is subject to all applicable Town standards and regulations.
8. Intersections:
  1. Intersections of more than 2 streets at one point are not permitted.
  2. Wherever possible, new local streets should align with existing local streets. Local street intersections with centerline offsets less than 125 are prohibited.
9. Proposed Street Names: A unique name is required for each street within the development at the time of initial application. The proposed street names must meet the following criteria:
  1. Streets that are extensions, continuations, or in alignment with any existing street, platted right-of-way, or recorded access easement, must continue the name of the existing street.
  2. The root street name (e.g. Maple) cannot duplicate or be phonetically like any existing street name.
  3. Deviations in suffix names (e.g. Street, Court, or Avenue) do not constitute a unique name (for example, if Maple Street existed, the name Maple Court would not be permissible).
  4. Streets within a large development or separate developments within proximity may be authorized to use the same root name by the Plan Commission.
10. Address Numbers: The applicant proposes street address numbers for all lots consistent with the Town's existing address scheme and the requirements of the Hendricks County E-911 System.
11. Approval Authority: While the applicant proposes street names and address numbers, the Plan Commission has the authority to approve or deny any proposed street name or address number.
12. Renaming Authority: Existing Street names and address numbers approved by the Plan Commission cannot be changed without Plan Commission approval.
  
  The Plan Commission has the authority to require a new name for any street if the name proposed by the applicant is unacceptable. If an acceptable street name is not proposed by the applicant, the Plan Commission renames the street prior to final approval. Likewise, if an unacceptable address number is proposed for a lot, the Plan Commission has the authority to assign a new address number to any lot prior to final approval.
Additional Rights-of-way Required: When a development abuts or includes an existing street that does not meet the minimum right-of-way widths established in the Thoroughfare Plan, the applicant dedicates additional width along the street sufficient to meet the requirements of the Thoroughfare Plan. If the applicant only controls property on one side of the street, sufficient right-of-way must be dedicated to bring the half right-of-way up to the width required in the Thoroughfare Plan.
1. Off-site Street Improvements: When a development requires off-site street improvements, such as a passing blister, acceleration lane, or deceleration lane, and inadequate right-of-way exists to install the off-site street improvement, the applicant must make a good faith effort to acquire property sufficient for the installation of the offsite improvement. If the owner of the property on which the off-site improvement is to be installed refuses to sell the property to the applicant, the applicant provides the Administrator with copies of all surveys, appraisals, written offers made by the applicant, and correspondence from the property owner.
2. Eminent Domain: When the installation of off-site street improvements is required, it is because those off-site street improvements are vital to the health, safety, and welfare of the motoring public. As a result, the Town may begin eminent domain to acquire public right-of-way sufficient for off-site street improvement after receiving the documentation illustrating the applicant’s failure to acquire the needed property. Upon completion of the eminent domain proceedings, the applicant reimburses the Town in an amount equal to the cost of the land, cost for any condemnation on that land, and the cost to relocate any features.
3. Installation of Improvements: The applicant then installs the off-site street improvement to meet or exceed the Town of Avon Construction Standards.
Private Street and Access Standards:
1. Applicability: Private streets are permitted but must meet or exceed the standards for public streets established within these Subdivision Regulations and the Town of Avon Construction Standards.
2. When a private street easement appears on a plat, the following language is required on the plat:
  
  The developer of this real estate covenants and warrants on behalf of itself and all future owners of lots within this subdivision or development that because the streets are private, all maintenance, repairs, and replacement, now and forever, must be undertaken at the expense of the lot owners (or unit owners) according to the terms and conditions set forth in the owners association by-law and articles. No governmental entity is responsible to maintain, repair, or replace any private street.
3. Private streets must be located within private street easements not rights-ofway. All private street easements must meet or exceed the standards for rights-of-way established within these Subdivision Regulations, the Thoroughfare Plan, and the Town of Avon Construction Standards.
4. The applicant must execute a private street easement instrument in favor of the future lot owners or unit owners to when the private street provides access. The language of the private street easement instrument must:
  1. Identify the development with which the private street easement is associated.
  2. Grant future owners the right to access the easement for purposes of accessing their lot or unit.
  3. Specify the financial responsibilities of the future with respect to the alteration, repair, maintenance, and removal of the improvements.
  4. Prohibit future owners or any other person from placing any obstruction within the easement.
  5. Require that the private street be built to the Town of Avon Construction Standards.
  6. Be binding on all heirs, successors, and assigns to the property on which the easement is located.
  7. Be enforceable by the future owners, the Town, and any other specially affected persons entitled to enforce the easement.
  8. Provide for modification or termination in the manner stipulated in these Subdivision Regulations.
  9. Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.
  10. Include a metes and bounds description of the easement.
  11. Be signed by each property owner granting the easement and by an authorized representative of future lot or unit owners accepting the easement.
Private Street Easement Certificate:
1. When a final plat is being recorded, the applicant may choose to add the private street easement certificate below to the final plat rather than record a separate easement.
2. Areas show on this plat designated as a "Private Street Easement" are established in favor of the adjoining property owners that are hereby granted the right to enter the easement for purposes of accessing their lot. The easement prohibits the property owners or any other person from placing any obstruction within the easement. The easements are binding on all heirs, successors, and assigns to the property on which they are located. The adjoining property owners or the Town of Avon may enforce the provisions of the easement. The easement can only be modified or vacated in the manner stipulated in the Town of Avon UDO.
3. The dedication and acceptance of Private Street Easements shown on a recordable instrument must be accomplished via a Certificate of Dedication and Acceptance signed by the property owner of record granting the easement, and a Certificate of Acceptance signed by an authorized representative of the future owners.
4. If a Declaration of Covenants is included on the recordable instrument, the Private Street Easement Certificate must be clearly separate from the Declaration of Covenants.
Alley Standards:
1. General: In order to better allow diversity in subdivision developments, alleys may be used to provide access to lots intended for single-family dwelling units to accommodate side-load garages, rear-load garages, or detached garages.
2. Design Principles:
  1. Associated Right-of-way or Easement: Alleys must be in an easement that is at least 16 feet in width or located in a right-of-way if the Avon Town Council agrees to dedication.
  2. Pavement Width: Alleys must have pavement that is at least 12 feet in width.
  3. Curb: Alleys are not required to have curb except when the alley is within a right-of-way or private street easement where the associated street is required to have curb. In cases where an alley and curbed street intersect, the minimum curb radius is 8 feet.
  4. Intersections: Alley intersections with streets cannot exceed 20° from perpendicular to the streets.
3. Construction Standards: Alleys, public or private, must be constructed to meet or exceed the Town of Avon Construction Standards.
Street and Access Standards; Residential:
1. Access Points: Vehicular access for the development must be provided as follows:
  1. Small Developments: A subdivision with less than 50 lots or dwelling units must have at least one street access onto an appropriate perimeter street.
  2. Medium Developments: A subdivision with 50 to 200 lots or dwelling units must have at least 2 street accesses onto appropriate perimeter streets. The 2 street access points must be on different perimeter streets or at least 1,200 feet from one another if located on the same street. One of the required streets access points may include connecting to an existing stub street.
  3. Large Developments: A subdivision with more than 200 lots or dwelling units must have at least 3 street access points onto appropriate perimeter streets. The 3 street access points must each be on different perimeter streets or at least 1,200 feet from one another if located on the same street. One of the required streets accesses may include connecting to an existing stub street.
2. Frontage Streets: Any development with a single-family detached dwelling unit fronting an arterial street, must provide a frontage street unless the single-family detached dwelling unit is the only property within 400 feet that obtains access from the same arterial. The Administrator or Avon Public Works Director may require frontage streets in other circumstance to ensure a safe and efficient future transportation network. Frontage streets must meet the following conditions:
  1. Frontage streets must generally run parallel to the arterial street and be separated a minimum of 30 feet (edge of pavement to edge of pavement) from the arterial street they parallel.
  2. Frontage streets must accommodate two-way traffic.
  3. Right-of-way or private street easement for a frontage street must be at least 40 feet in width.
  4. A frontage street must have a minimum pavement width of 24 feet when parking is not permitted, or 28 feet when parking is permitted on one side.
  5. Sidewalks are required on both sides of a frontage street that has residential lots deriving their access from the frontage street.
  6. A frontage street less than 300 feet in length or serving 5 or fewer properties must have one ingress/egress point onto a street. All other frontage streets are permitted up to 2 ingress/egress points onto street.
  7. Each ingress/egress point must be at least 150 feet from any intersection and any other ingress/egress point on the same or opposite side of the street. Ingress/egress points that align across the street from each other do not require separation.
3. Access on Signature Streets: Access along streets indicated as Signature Streets on the Thoroughfare Plan is limited, unless restricted through another overlay ordinance. Full access will be permitted every half mile along Signature Streets. A waiver is required to have a full access entrance at intervals less than this standard. Waivers are approved at the discretion of the Plan Commission and according to the procedures and standards established in the subdivision regulations.
Street and Access Standards; Non-residential:
1. Access Points: An applicant must propose the minimal quantity of ingress/egress points to provide safe, efficient, and adequate access for the various types of vehicular traffic that will access the development. The Administrator makes the final determination.
2. Access Streets: Any non-residential development that fronts an arterial street and has 2 or more lots or a multiple tenant building must provide an access street as the primary access. Commonly, an access street is perpendicular to the arterial street providing access to lots fronting the arterial street (typically outlots) and the second-tier commercial lots (often the anchor lots). The Administrator and Avon Public Works Director may require access streets to ensure a safe and efficient transportation network. Access streets must meet the following conditions:
  1. Access streets must generally run perpendicular to the arterial street and be at least 150 feet from the arterial street (measured from the edge of pavement to the edge of pavement).
  2. Access streets must accommodate two-way traffic.
  3. The right-of-way or private street easement for an access street must be at least 40 feet wide.
  4. Pavement width for an access street is a minimum of 24 feet.
  5. Parking is not be permitted on an access street.
  6. Sidewalks must be provided on one side of access streets and be integrated into the overall pedestrian network of the development.
  7. An access street serving a development less than 15 acres is permitted 2 ingress/egress points onto a street. Developments 15 acres or more may have a maximum of 3 ingress/egress points onto a street.

7.22 Street Light Standards

7.23 Street Sign Standards

All streets, public or private, must have signs necessary to provide a safe environment for drivers and pedestrians, and to provide information for locating streets, addresses, or development amenities.
Applicable Standards: The Town of Avon's policies and the Manual on Uniform Traffic Control Devices for Streets and Highways (current version adopted by the Indiana Department of Transportation) are used to determine the type, size, height, and location of each of these signs.
Regulatory Signage Plan: A regulatory signage plan must be submitted to the Department of Public Works. All proposed signs must be approved by the Department of Public Works prior to installation.
Public Safety Signs: The applicant must coordinate with the Public Works Director before purchasing and installing any public safety related street sign. The Public Works Director makes the final determination regarding the location and height of each sign. All public safety related street signs must be installed prior to any street being open to the public.
Street Name Signs: The applicant coordinates with the Public Works Director before purchasing and installing any street name sign. One street name sign is required for each intersection within the development and on all perimeter intersections. The Public Works Director makes the final determination regarding the location and height of each sign.
Installation Timing: All street name signs must be installed prior to any street being open to the public, and prior to any home or building construction commencing on that street.
Custom Street Signs: The applicant may propose an alternative to the standards for street signs. Approval by the Administrator and the Public Works Director is required. The Owner's Association is responsible, in perpetuity, for maintaining all custom street signs.

7.24 Surety Standards

Performance Surety: All applicants must provide a performance surety to the Town for any street, sidewalk, path, trail, public utility, drainage facility, mass excavation, or any other facility that is intended and desired to be dedicated to the Town. Performance surety for erosion control and landscaping may also be required when requested by the Plan Commission. All such facilities, any off-site improvements committed to by the applicant, and any off-site improvements required as a condition of approval must be covered by the performance surety. The performance surety must be accepted by the Avon Town Council prior to recording the final plat. Any final plat approval recorded in error of this provision must provide a performance surety at the time of discovery.
1. The performance surety must:
  1. Be in an amount equivalent 110% of the estimated completion cost of installing the improvements in compliance with the Subdivision Regulations and the Town of Avon Construction Standards.
  2. Be a type of surety satisfactory to the Avon Town Council (e.g. bond or letter of credit).
  3. Run to and be in favor of the Town of Avon, or Hendricks County if the improvement is outside the town's corporate limits.
  4. Specify the date that the improvements are required to be completed.
  5. Be submitted in a form approved or provided by the Avon Town Council or its legal counsel.
2. Phasing of Development: If a development is intended to be built-out in phases, the following options may be approved by the Town Council:
  1. Option One: The applicant provides a Performance Surety for all phases of the development, regardless of how many months or years the development is expected to take to build-out.
  2. Option Two: The applicant proposes a phasing plan to the Town Council prior to final plat approval. If the proposal is accepted, the applicant provides a performance surety for the first phase(s) of the development and signs a binding agreement with the Town Council stating that the applicant must maintain ownership of all lots and land outside of each phase that has been approved for development. No lot or property can be sold or committed in phases of the development that have not been approved for commencement or that are not subject to a performance surety. Additionally, the applicant must sign a contract with the Town Council stating it will support and not interfere with the vacation of plat, vacation of right-of-way, and/or reversion of approval granted to the applicant for any phases of the development yet to be authorized in the event that the applicant defaults on any authorized phase of the project requiring the Town Council to claim the surety for its completion. If default occurs, at the request of the Town Council or at the discretion of the Plan Commission, the Plan Commission may vacate the plat, vacate the right-of-way, and/or revert any approval granted to the applicant for phases left undeveloped to protect the Town from having to pay for public improvements in any phases remaining without a performance surety.
3. Duration of Surety: All performance sureties must be effective from the final plat approval date and cannot terminate until:
  1. As-built Drawings: As-built drawings stamped by the applicant's engineer for stormwater drainage, utilities, streets, pedestrian facilities and any other public facility are submitted in hard copy and in the Town's required digital format.
  2. Final Construction: The final construction has been inspected by the Avon Public Works Director and stated in a report that the improvement meets the Town of Avon Construction Standards,
  3. Town Council Concurrence: The Town Council concurs with the Public Works Director's report, and
  4. Maintenance Surety: The Town Council has been provided with a maintenance surety as described below, if applicable.
4. Incremental Release of Surety: The Town Council may release increments of a performance surety once portions of an improvement have been completed and after that portion of the improvement has met the requirements in Section 3 above.
Maintenance Surety: The applicant must provide a maintenance surety to the Town for any improvement made that was subject to a performance surety, prior to the performance surety's release.
1. The maintenance surety must:
  1. Be for 25% of the total cost to complete the improvements.
  2. Be a type of surety satisfactory to the Town Council (e.g. bond or letter of credit).
  3. Run to and be in favor of the Town of Avon, or Hendricks County if the improvements are outside the town limits.
  4. Specify that it expires after 3 years from the date the improvement was released from the performance surety. However, the Town Council may reduce the duration of the maintenance surety by up to 3 years if cause, evidence, or risk assessment shows that a 3 year duration is not necessary.
  5. Be submitted in a form approved or provided by the Town Council, or its legal counsel.
  6. Warrant the workmanship and all materials used in the construction, installation, and completion of the improvements, and that the installations are of good quality and have been constructed and completed in a workmanlike manner according to standards, specifications and requirements of this Subdivision Regulations and the Town of Avon Construction Standards.
  7. Include a certification from the applicant that all required improvements for the development follow these Subdivision Regulations and according to the approved plans and specifications.
2. Release of Surety: The maintenance surety is released upon its expiration date without formal action by the Town of Avon unless a claim has been filed against the maintenance surety prior to the expiration date. Once all claims have been settled, the maintenance surety is released by the Town of Avon.
3. Exemption: The Town Council may, at its discretion, waive the requirement for a maintenance surety if it determines it is not in the interest of the Town to require a maintenance surety, or if the risk of premature failure of the improvement is negligible.

7.25 Utility Standards

Under no circumstances can any reference to “utility” or “utilities” within these Subdivision Regulations apply to or supersede design and construction standards from a non-Town of Avon water or wastewater utility. Specifically, this exemption separates design and construction, waiver, dedication of improvement, performance and maintenance surety, and easement standards from being applicable to a non-Town of Avon water or wastewater utility. However, the following Town of Avon design and construction standards still apply:
1. The location, spacing, and type of fire hydrants or requirements for looping of water lines used to supply hydrants still apply.
2. The procedural requirement for coordinating all utilities and surface infrastructure within a subdivision. The Town of Avon must have access to draft utility plans, documents, or plans submitted for review to utility providers, identified or proposed design alternatives, correspondences between parties, or notes on design decisions.
3. A representative from the Town of Avon may attend meetings between the developer and the utility provider.
4. All new development must be installed with centralized water and sewer facilities except for large lot residential uses in AG, E-1, and AGO-1 districts where individual septic systems and wells may be used because centralized water and sewer facilities are unavailable or cannot be reasonably extended to the site.
Wastewater and Water Utility:
1. Wastewater: A wastewater utility collection system must be provided by the developer per the applicable wastewater utility's installation standards.
2. Water: A water utility distribution system must be provided by the developer per the applicable water utility's installation standards.
3. Wells: Within any subdivision developed under this Ordinance, a well is only be permitted for the purpose of filling and replenishing a water feature.
4. Wastewater and Water Utility Location: The wastewater collection system and the water collection system must be in the right-of-way or within an area designated as a utility easement.
5. Hydrants:
  1. Spacing and Location: The spacing and location of each hydrant must comply with the Town of Avon Construction Standards.
  2. Looping: Water lines used to supply hydrants may be required to be looped when determined to be necessary for public safety, based on Fire Department and Town of Avon Construction Standards.
Stormwater Utility:
1. Easement: A drainage easement must be established for all drainage swales, retention ponds, detention ponds, storm drains, etc., except when within a right-of-way.
2. Easement Width: A drainage easement must meet the Town of Avon Stormwater Management Ordinance.
3. Construction Standards: All stormwater facilities must meet or exceed the Town of Avon Construction Standards.
Gas, Electric, and Communications Utility:
1. Easement: An easement must be established along a right-of-way or in rear yards. Easement widths are a minimum of:
  1. When Asymmetrical Along a Rightof-Way: 20 feet wide on one side and 10 feet wide on the other,
  2. When Symmetrical Along a Rightof-Way: 15 feet wide per side,
  3. Single-sided Along A Right-of-Way: 30 feet on one side,
  4. Rear Yard: 20 feet wide, or
  5. Side Yards: 20 feet wide.
2. Installation Standards: All gas, electric and communication facilities must meet or exceed the applicable State and corresponding utility's standards, and must utilize the least conspicuous markers, junction boxes and other above ground components available that meet the minimum installation standards.

7.26 Plat Certificates And Deeds Of Dedication

Applicability: Plat document information must be included on all plats.
Information Required on Plats:
1. Signature Block: The following signature block is required on all plats:
  
  I, (President), President, of the Advisory Plan Commission, Town of Avon, Hendricks County, Indiana, do hereby certify that the above plat and dedication was approved by the Town of Avon, Indiana, for filing in the Records Office of Hendricks County, Indiana, on the _____ day of _____________, 20__.
  
  ___________________________________
  (Name of President), President
  
  ADVISORY PLAN COMMISSION, TOWN OF AVON, INDIANA
  
  ATTEST:
  
  ___________________________________
  (Name), Director of Planning and Building
  
  PLANNING DEPARTMENT, TOWN OF AVON, INDIANA
2. Dedication Statement for Streets and Pedestrian Facilities: The following dedication statement must be included on all plats that are dedicating streets to the Town of Avon:
  
  That I do hereby dedicate for public use and benefit forever the streets/alleys shown hereon for all public purposes including but not limited to all street and pedestrian facility purposes and utilities, and the right of the Town of Avon, its assigns, and utilities to lay, install, operate, maintain, repair, replace, and remove and reconstruct any and all street, pedestrian, or utility facilities necessary or useful in providing services. Utilities include but are not limited to water lines, wastewater lines, storm drainage and stormwater lines, gas lines, communication facilities, utility poles, electrical power lines, equipment, cabinets, closures, manholes, conduit, cables, lines, and appurtenances.
3. Dedication Statement for Easements: The following dedication statement must be included on all plats that are dedicating easements to the Town of Avon or a utility provider:
  
  The easements shown on this plat are hereby granted and dedicated and reserved for the mutual use and accommodation of the Town of Avon and/or any granted public utility service provider desiring to use the easement for public or private utilities, including: water lines, wastewater lines, storm drainage and stormwater lines, gas lines, communication facilities, utility poles, electrical power lines, equipment, cabinets, closures, manholes, conduit, cables, lines, and appurtenances. All grantees shall have the right to remove and keep removed all or part of any structure, building, fence, tree, shrub or other improvement, growth, or obstruction which may in any way endanger or interfere with the construction, maintenance, operation or efficiency of the respective utility in, on, or under said easement strips. The Town of Avon and all granted public utilities shall at all times have the full right of ingress and egress to and from and upon said easement strips for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of the respective systems without the necessity at any time of procuring the permission of anyone.
4. Dedication Statement for Private Easements: Any private utility or similar which requires or requests the dedication of an easement must negotiate and establish the easement outside the regulations of the subdivision Regulations. Nothing in these Subdivision Regulations regulates or necessitates the granting of an easement to a private utility.
5. Private Streets: The following statement must be included on all plats that contain private streets:
  
  (Developer) hereby binds itself, its successors, and assigns to construct and maintain all streets, alleys, pedestrian facilities, drainage structures and drainage facilities located under, though, and on the access easement in the subdivision shown on this plat according to the requirements, standards, and specifications of the Town of Avon. All such improvements shall be subject to the right of inspection and approval by the Avon Public Works Director or Public Works department.
  
  The streets and alleys shown on this plat as access easements represent private streets and alleys. By acceptance of a deed conveying title to any lot in this subdivision, the owner thereof shall be deemed to have agreed and acknowledged as follows:
  1. The Town of Avon has no responsibility or liability to make any repairs to such streets, alleys, pedestrian facilities, drainage structures and drainage facilities located in the access easement.
  2. So long as such streets and alleys are private, the responsibility for maintenance and replacement thereof shall fall on the Owner's Association (the "Association"), its successors and assigns, or on the owners of the lots in this subdivision.
  3. Neither the property owners within this subdivision nor the Association nor any other association or other organization or entity representing them shall have the right to dedicate (whether by voluntary or involuntary act or omission) such private streets and alleys to the Town of Avon unless and until the Town of Avon has inspected such streets and alleys and determined that, at the time in question, they meet the Town of Avon’s Standards. Under no circumstances whatsoever shall the Town of Avon be required to accept responsibility for the maintenance of such streets and alleys until after the Town of Avon has inspected same and determined that they meet the Town of Avon's Standards and further determined in its absolute discretion that it desires to accept such responsibility. If the Town of Avon desires to accept a dedication of said streets and alleys and inspects the streets and alleys and determines that they do not meet the Town of Avon Standards, the Town of Avon shall not accept such dedication until the Owner's Association, its successors or assigns, or the owners of the lots in this subdivision make, at the owner, or the Owner's Association expense, all repairs required by the Town of Avon to bring the streets and alleys up to the Town of Avon Construction Standards.
  4. The provisions hereof shall be binding upon and enforceable against all property owners in this subdivision and the Association, its successors or assigns.
  5. These covenants and restrictions herein set forth shall run with the land and be binding on the owners, their successors and assigns, and all parties claiming by, through and under them shall be taken to hold, agree and covenants with the owners and their successors in title, and with each of them, to conform to and observe all restrictions and covenants herein, and said covenants and restrictions shall survive any replatting of a part of this property. Upon replatting of all or part of this property, the Town of Avon may require any lawful, similar or additional restrictions and covenants as it may require any lawful, similar or additional restrictions and covenants as it may see fit. These covenants and restrictions shall terminate when all the access easements shown on this plat are included within a replat of all or part of this property and are dedicated as public streets and/or alleys.
  6. Invalidation of any word, phrase, sentence, paragraph, covenant or restriction by court judgment or otherwise, shall not affect the validity of the other covenants or restrictions contained herein.
  7. If the owner or owners should open the private streets to the public, such shall be considered a temporary license only. The owner or owners, through the Owner's Association, reserve the right to close the street to the public at any time prior to formal dedication of the street to the public, and acceptance of the same by the Town of Avon.
  8. Until such time as the private streets shown herein are formally offered for dedication and formally accepted by resolution of the Avon Town Council, the owners of the lots shown hereon agree to release, indemnify, defend and hold harmless any governmental entity or utility for damages to the private street occasioned by the reasonable use of the private street by the governmental entity, and for damages to any party arising from the condition of said street. All governmental service vehicles, including, without limitation, law enforcement, fire, ambulance, schools, sanitation, building inspection, and health; and private or public utility providers shall have a right of access on, through, or under the private streets and alleys.
  9. The owner or owners of any lot or lots within this subdivision hereby agree and recognize that the entire subdivision is benefited by the Town of Avon allowing the owners to maintain and control access to the private streets shown hereon; and that the Town of Avon is benefited by having the value of the property enhanced for ad valorem tax purposes and not being under any maintenance obligations with respect to the private streets and alleys. For purposes of enforcement of these covenants, these benefits shall constitute sufficient and valid considerations.
6. Minor Amendment: The following statement shall be included on all plats that have obtained minor amendment approval:
  
  PLANNING DEPARTMENT STATEMENT: This amended plat is hereby approved according to the Town of Avon Subdivision Regulations.
  
  ___________________________________
  (Name), Director of Planning and Building
  
  PLANNING DEPARTMENT, TOWN OF AVON, INDIANA
  
  _________________________________ Date
  
  APPLICANT'S STATEMENT: As the owner or agent for the owner, I hereby endorse and adopt this "Amended Plat" for the sole purpose of _________________________________ (Fill in this blank with the explanation and reason that authorized said amendments to said plat).
7. Major Amendment: The following statement must be included on all plats that have obtained major amendment approval:
  
  ADVISORY PLAN COMMISSION STATEMENT: Amended plat approved by the Advisory Plan Commission of the Town of Avon, Indiana, on the _____ day of _______________, 20__.
  
  ___________________________________
  (Name of President), President
  
  ADVISORY PLAN COMMISSION, TOWN OF AVON, INDIANA ATTEST:
  
  ___________________________________
  (Name), Director of Planning and Building
  
  PLANNING DEPARTMENT, TOWN OF AVON, INDIANA
  
  APPLICANT'S STATEMENT: As the owner or agent for the owner, I hereby endorse and adopt this "Amended Plat" for the sole purpose of _________________________________ (Fill in this blank with the explanation and reason that authorized said amendments to said plat).
Plat Attachments: A transmittal letter is required to be submitted with each plat or plat set to be signed. The letter must list the name of the subdivision/development as well as the name of the applicant and contact information of the individual responsible for the plat.

7.27 Single-Family Architectural Standards Tables

7.27 Single-Family Architectural Standards Tables

Architectural Standards for Single-Family Dwellings. New single-family dwellings must meet the following architectural standards indicated in Table 7-1, 7-2 & 7-3.

Table 7-1

Architectural Requirements

Roof Overhangs. The main roof of the home must have roof overhangs at least 11”. (See Note 1 below)

Corner Lots. Corner lot side elevations facing the street must have architectural detailing similar to the front façade (e.g. window trim, gable detailing).

Anti-Monotony Standards

All front facades and perimeter lot facades visible from, and adjoining a perimeter street, common area or park, must meet the following anti-monotony standards: (See Note 2 below)

▪ The same elevation and color scheme cannot be used on lots adjacent to the subject lot.

▪ Homes two lots away from the subject lot cannot use the same color scheme.

Notes:

Overhang requirement does not apply to architectural features such as dormers, shed roofs, porches, or areas with architectural enhanced decorative trim.
In determining if a building elevation meets this standard, the reviewer evaluates differentiation in the colors of the (a) siding, (b) siding accents, (c) trim, (d) front door, (e) shutters, and (f) brick or stone.

Table 7-2

Architectural Requirements

Window Requirements. Front facades must have at least four windows, side facades must have at least two windows, and rear elevations must have at least four windows.

Roof Overhangs. The main roof of the home must have roof overhangs at least 11” deep prior to the installation of masonry materials. (See Note 1 below)

Corner Lots. Corner lot side elevations facing the street must have architectural detailing similar to the front façade (e.g. window trim, gable detailing).

Siding Materials. Vinyl siding is prohibited.

Front Facades. Front Facades must have at least 12 design features listed on the Architectural Features Table (Table 7-3).

Corner Lot Side Elevations. Corner lot side elevations facing the street must have at least 6 design features listed on the Architectural Features Table (Table 7-3).

Perimeter Lots. Perimeter lot facades visible from the perimeter street must have at least 8 design features listed on the Architectural Features Table (Table 7-3).

Anti-Monotony Standards

All front facades, rear facades, and perimeter lot facades visible from, and within 100’ of a perimeter street, must meet the following anti-monotony standards: (See Note 2 below)

▪ The same elevation and color scheme cannot be used on lots adjacent to the subject lot.

▪ Homes two lots away from the subject lot cannot use the same color scheme.

Notes:

Overhang requirement does not apply to architectural features such as dormers, shed roofs, porches, or areas with architectural enhanced decorative trim.
In determining if a building elevation meets this standard, the reviewer evaluates differentiation in the colors of the (a) siding, (b) siding accents, (c) trim, (d) front door, (e) shutters, and (f) brick or stone.

Architectural Features Table: To encourage architectural diversity, no more than two architectural features per category may count toward the required number of features.

Table 7-3

Category 1 – Site Design and Building Mass
	Single-story dwelling, including a single-story dwelling with a loft less than 50% of the area of the first floor.
	Undulation in the width of the common area between the perimeter lot and the perimeter street. The common area width varies from 20’ to 50’ or greater.
	Interior streets within 15˚ of parallel of the perimeter street have a maximum length of 300’ before turning or ending in a cul-de-sac.
	The home is separated from the perimeter street by a landscape buffer at least 30 feet wide planted with at least 5 evergreen trees, 2 shade trees, 2 ornamental trees, and 15 shrubs per 100 lineal feet. Landscaping may be arranged to better screen buildings and allow views of open space.
	More than 50% of garage bays of the home have side-load, courtyard-load, or rear-load garage doors.
	One garage bay with a depth of at least 24 feet.
	Front-load garage doors recessed at least 2’ behind the front façade of the house or 4’ behind the posts of the front porch.
	Three or more garage bays provided.
	A covered porch at least 40 SF on the front façade.
	A sunroom or screened porch at least 120 SF on the side or rear façade.
Category 2 – Main Roof Design
	Two or more gables.
	Two or more dormers.
	A single dormer with 2 or more windows.
	A roofline change at least 1/3 the width of the elevation.
	Use of a hip roof if the abutting homes do not have a hip roof.
	A clipped hip roof extending at least 20% of the distance from the peak of the gable to the bottom of the gable.
	A minimum roof pitch of 8:12 on the main roof.
	Metal roof accents.
Category 3 – Exterior Materials
	At least 3 exterior materials or patterns are used on the elevation.
	At least 3 exterior colors are used on the elevation.
	100% masonry materials are used from the main roof line and continuing down to the foundation.
	Masonry materials are used from the first-floor plate line and continuing down to the foundation.
	An exterior fireplace chase finished in masonry material.
	Use of architectural garage doors.
Category 4 – Façade Projections and Recessions
	A bay window projecting at least 12” from the wall.
	An exterior fireplace chase extending at least 18” from the building façade and extending above the roof line.
	A second-floor cantilever projecting at least 12” over the first floor for at least 30% of the length of the building façade.
	A sunroom at least 64 square feet.
	A screened porch at least 64 square feet.
	Covered patio or covered porch, as a projection or recession in the building façade, at least 120 square feet.
Category 5 – Windows
	Multiple masonry material detailing (e.g. quoins, keystones, arches, soldier courses), as architecturally appropriate.
	At least 75 square feet of windows on rear building façades or at least 45 square feet on side building façades.
	Larger windows a minimum of 15 square feet each with proportions consistent with the architectural style of the home. At least 3 such windows are required for a façade to meet this standard.
	Window trim at least 5 1/2 inches wide around all windows of the dwelling. As an alternative, decorative window trim detailing (i.e. arches, cornices, crossheads, ornate moldings, pediments) may be considered by the Administrator if the trim otherwise results in a comparable visual contrast that enhances the architectural interest of the building façade.
	Use of shutters on all windows of the façade, where possible.
	A set of at least 3 bullet windows.
	A front door with a transom window and side lights.
	For historic homes, restoration of historic windows or use of new windows in proportions architecturally appropriate for the style of the home.
Category 6 – Architectural Detailing
	On a corner lot, the front porch wraps the corner and continues down the side elevation.
	Front porch columns have masonry detailing matching the façade (e.g. brick to the same brick height as used on the building elevation).
	Double columns used instead of single columns for front porches.
	The front porch is elevated at least 18” above the elevation of the sidewalk in front of the home.
	Architectural gable treatments (e.g. corbels under eaves, louvers with decorative trim, decorative bracing, etc.)
	Full pent roof across the bottom of gables.
	Shed roof detailing above large windows.
	Trellis over garage doors.
	Limestone cap on brick wainscot.
	Separation of materials or patterns using wood or composite trim.

HISTORY
Amended by Ord. 2024-38 on 9/12/2024

Zoning District	Min. Open Space Required
R1	5%
R2	8%
R3	10%
R4	12%
R5	15%
MU-OSR	50%
MU-COR	10%