Beverly Shores City Zoning Code

SPECIFIC SUBDIVISION

CONTROL REGULATIONS

§ 155.175 IMPROVEMENT STANDARDS.

(A) General requirements.

(1) Plats. In addition to the requirements established herein, all subdivision plats shall comply with the following rules, laws and regulations:

(a) All applicable statutory provisions;

(b) The local zoning ordinances, building and housing codes and all other applicable laws of the appropriate jurisdictions;

(d) The rules and regulations of the State Board of Health, the Natural Resources Commission, Aeronautics Commission and other appropriate state agencies;

(e) The rules, regulations and standards of the Indiana State Highway Commission if the subdivision or any lot contained therein abuts a state highway;

(f) All applicable planning and regulatory guidelines, including access control or driveway manuals, parking and traffic control ordinances and other applicable guides of the Town of Beverly Shores; and

(g) The Indiana Manual on Uniform Traffic Control Devices for installation of traffic control devices (see § 155.176(B)).

(2) Construction plans. Plat approval may be withheld if a subdivision is not in general conformity with the above plat requirements or with the following requirements for construction plans.

(a) It shall be the responsibility of the subdivider of every proposed subdivision to have a complete set of construction plans prepared by an engineer licensed by the State of Indiana, including profiles, cross sections, specifications and other supporting data for all required public streets, utilities and other facilities.

(b) The final construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared and submitted in conjunction with the final plat.

(3) Material and construction control. To assure compliance with good engineering practice, the subdivider, contractor or developer is required to follow the latest issue of the Indiana State Highway; Standard Specifications for material and construction control, except when different specifications are explicitly described in these regulations, or adopted by the Town Council.

(4) Political and jurisdictional boundaries. To eliminate potential jurisdictional disputes and to facilitate effective coordination and control of development, the Plan Commission shall be guided by the following policy:

(a) Whenever access to the subdivision is required across land in another local government, the Commission shall request assurance from that local governmental attorney that access is legally established, and from the Building Commissioner that the access road is adequately improved, or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road; and

(b) Lot lines shall be laid out as not to cross boundary lines between adjacent units of local government which have separate governing bodies for the purpose of regulation and control of land use and development as well as for tax purposes.

(5) Public improvements. Every subdivider shall be required to install the following public and other improvements in accordance with the conditions and specifications in these regulations.

(a) The applicant shall place permanent reference monuments in the subdivision in accordance with § 155.176(A) and as approved by a registered land surveyor.

(b) All streets and alleys shall be constructed in accordance with the standards and specifications of § 155.176(A) and as adopted and approved by the Town Council.

(c) All bridges and culverts shall be constructed in accordance with applicable engineering standards as approved by the Building Commissioner.

(d) All driveways, and when approved or required, all median openings and auxiliary lanes, shall be constructed as specified in the Town of Beverly Shores regulations covering the construction of elements of the streets.

(e) Underground installation of communication and electric utilities is encouraged and may be required subject to the adopted policies of the Plan Commission.

(f) The placement of fire hydrants and water mains for adequate fire protection shall be in accordance with the Town of Beverly Shores standards.

(g) Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the Town of Beverly Shores standards.

(h) Pedestrian walkways, when required, shall have easements at least 10 feet in width and include a paved walk at least 4 feet in width.

(i) Greenbelts or landscape screening may be required for the protection of residential properties from adjacent major arterial streets, railroad rights-of-way, commercial or industrial areas or other features.

(j) Streetlights may be required to be installed at intersections throughout the subdivision and the installations shall conform to the requirements of the Town of Beverly Shores and the public utility providing the lighting.

(B) Subdivision and lot layout.

(1) Street location and arrangements. Within a proposed subdivision, arterial and collector streets shall be dedicated to the public in all cases. In general, all other streets, including new collectors and locals, shall also be dedicated to public use. The street layout shall conform to the following.

(a) Local streets shall be arranged so as to discourage their use by through traffic.

(b) The arrangement of streets in new subdivisions should be so that the streets extend to the boundary line of the tract to make provisions for the future extension of the streets into adjacent areas.

(c) Local streets shall be arranged in proper relation to topography in a manner which results in usable lots, safe streets and acceptable gradients without unnecessary destruction of drainage courses, trees and other natural features of the land.

(d) Alleys shall be provided in multiple dwelling or commercial subdivisions unless other provisions are made for service access and off-street loading and unloading. Dead end alleys shall be prohibited.

(e) Where a subdivision abuts or contains an arterial street, it shall be required that frontage roads be constructed approximately parallel to and on each side of the arterial street. The Commission may require other treatment as is necessary for the adequate protection of residential properties and to separate through traffic from local traffic. A single row of lots backing up to the arterial will not be discouraged. However, vehicular access from the lots to the arterial shall be prohibited.

(f) No intersection shall be constructed with more than 4 approach legs and the development of 3-legged “T” intersections is encouraged due to the increased safety of the intersections.

(g) Half streets shall be prohibited except where unusual circumstances make a like facility necessary to the reasonable development of a tract in conformance with these regulations and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract.

(h) Whenever a proposed subdivision borders an existing street, the Commission may require the reconstruction or widening of the street as a condition of plat approval. Additional dedication of right-of-way may also be required.

(i) When there is a situation of unusual physical conditions or a controlled design environment in evidence and it can be satisfactorily demonstrated to the Commission that a private street is the only feasible solution, the private streets may be authorized provided pavement construction

standards shall be the same as the minimum public standard, and adequate covenant provisions are made for direct responsibility and control by the property owners involved to provide for the perpetual operation, liability and maintenance of the private streets at no expense to the governmental unit.

(2) Lot arrangements.

(a) The lot arrangements shall be so that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with this chapter and other regulations and in providing safe driveway access to buildings on lots from an approved street.

(b) Lot dimensions shall comply with the minimum standards of this chapter.

(c) Double frontage and reversed frontage lots shall be discouraged except where necessary to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation.

(d) Lots shall not generally, derive access exclusively from an arterial or major collector street. Where driveway access from an arterial or major collector street may be necessary for several adjoining lots, the Plan Commission may require that the lots be served by a common and combined driveway in order to limit possible traffic hazards on the street.

(e) Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage for the area.

(f) Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least 6 inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or planting.

(g) No cut trees, timber debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left deposited on any lot or street at the time the buildings are ready for occupancy.

(h) Where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system.

(3) Block arrangements.

(a) Blocks shall have sufficient width to provide for 2 tiers of lots of appropriate depth. Exceptions to this prescribed block width shall be permitted in blocks adjacent to water courses and commercial areas.

(b) Whenever practical, blocks along arterials and major collector streets shall not be less than 1,000 feet in length. As a general rule, blocks in other residential areas shall not be more than 1,000 nor less than 400 feet in length.

(c) In long blocks the Plan Commission may require an easement through the block to accommodate utilities, drainage facilities or pedestrian walkways.

(d) Where blocks are developed along arterial streets and/or highways that shall contain alleys, those alleys, shall run parallel to the arterial and not perpendicular or radial to it so as to create an intersection between the arterial and alley.

(4) Subdivision and street names.

(a) The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Plan Commission shall have final authority to approve the name of the subdivision which shall be determined at the time of preliminary plat approval.

(b) Street names shall not duplicate any existing name within the area covered by these regulations except where a new street is a continuation of an existing street. Street names that may be spelled differently but sound the same as existing streets shall not be used.

(c) The Plan Commission shall have final authority to name all streets (in case of conflict) upon recommendation of the Building Committee at the time of the preliminary plat approval.

(5) Public sites and open spaces.

(a) Where it is determined that a proposed park, playground, school or other public use as shown on the local government's plan is located in whole or in part within a proposed subdivision, sufficient area for the public use shall be dedicated to the public or reserved and offered for public purchase. If within 10 years of plat recording, the purchase is not agreed on, the reservation shall be cancelled or shall automatically cease to exist.

(b) Existing natural features which add value to residential development and enhance the attractiveness of the community shall be preserved in the design of the subdivision.

(Ord. 208, passed 12-19-1983) Penalty, see § 155.999

§ 155.176 DESIGN STANDARDS AND SPECIFICATIONS.

(A) Monuments.

(1) General. All monuments shall properly set flush with the ground and be approved by a registered land surveyor or engineer prior to the time the Plan Commission recommends approval of the final plat.

(2) External boundaries.

(a) The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete, not less than 30 inches in length, not less than 4 inches square or 5 inches in diameter, and marked on top with a cross, brass plug, iron rod or other durable material securely embedded.

(b) The spacing and exact location requirements shall be established by the Building Commissioner. The Plan Commission may amend these requirements.

(3) Internal boundaries. All internal boundaries and those corners and points not covered by the preceding division (2) shall be monumented in the field by steel or iron rods 1/2 inch in diameter or iron pipe 1 inch in diameter and at least 24 inches long. These monuments shall be placed at all block and lot corners, at each end of all curves (P.C. and P.T.), and at all internal angle points as required by the Building Commissioner.

(B) Traffic-control devices.

(1) Street name and regulatory signs. The applicant shall install street name signs in accordance with the Town of Beverly Shores design standards and the Manual on Uniform Traffic Control Devices of Indiana. One sign shall be installed at each intersection indicating the name of each street thereat. Other regulatory signs shall be the responsibility of the Town of Beverly Shores.

(2) Warning signs and other devices. Local government shall be responsible for the installation of all warning signs and other traffic control devices, except when warranted in commercial areas, the developer may be required to pay the cost.

(1) General. In order to provide for streets of suitable location, width and improvement to accommodate expected traffic and afford satisfactory access to police, fire fighting, snow removal, sanitation and road maintenance equipment, and to coordinate street development so as to compose a convenient system, avoid undue hardships to adjoining properties and assure compatibility with long range comprehensive plans, all streets shall be designed according to the geometric standards set forth in these regulations.

(2) Principles of design. Subdivision street design shall follow regulations for this purpose adopted by the Town Council of Beverly Shores.

(D) Drainage facilities.

(1) General. The Plan Commission shall not recommend for approval any plat of a subdivision which does not make adequate provision for a storm or flood water runoff. The drainage system shall be separate and independent of any sanitary sewerage system. Inlets shall be provided so that surface water is not carried across or around any intersection, nor for a distance of more than 400 feet in any gutter. Surface water drainage patterns shall be shown for each lot and block.

(2) Requirements for storm sewers. The applicant may be required by the Plan Commission to carry away by pipe or open ditch, any spring or surface water that may exist either previously to, or as a result of, the subdivision. These drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width. Drain facilities shall be provided under driveways so that the flow of water in ditches is not impeded.

(3) Flood plain areas. The Plan Commission shall, when it deems necessary for the health, safety or welfare of the present and future population of the area and necessary to the conservation of water, drainage and sanitary facilities, prohibit the subdivision of any portion of the property which lies within the floodplain. Any approvals within the floodplain shall, at a minimum, meet the requirements of the Indiana Department of Natural Resources.

(4) Drainage easement. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, the subdivider shall provide a storm water easement or drainage right-of-way conforming substantially to the lines of the watercourse, and of a width and construction as will be acceptable to the Building Commissioner. The easement shall be adequately monumented, and whenever possible it is desirable that the drainage be maintained by open channel with landscaped banks.

(E) Water facilities.

(1) General.

(a) Necessary action shall be taken by the applicant to extend or create a water supply system capable of providing water for domestic use and fire protection.

(b) The location of all water supply improvements, shall be shown on the preliminary plat, and the cost of providing and installing same shall be included in the performance bond.

(2) Individual wells and central water systems.

(a) In low-density zoning districts and in outlying or rural areas where a public water system is not available, in the discretion of the Plan Commission, individual wells may be used or a central water system provided in a manner so that an adequate supply of potable water will be available to every lot in the subdivision.

(b) Individual wells and central water systems shall be sampled and approved by the appropriate health authorities.

(F) Sewage facilities.

(1) General. The applicant shall install sanitary sewer facilities in a manner prescribed by the Porter County Board of Health and subject to the specifications, rules, regulations and guidelines of the Porter County Board of Health.

(2) High-density Residential and Nonresidential Districts. Sanitary sewer facilities shall connect with public sanitary sewer systems. Sewers shall be installed to serve each lot and to grades and sizes required by appropriate local officials and agencies. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted.

(3) Low and medium-density Residential Districts. Sanitary sewer systems shall be constructed as follows.

(a) Where a public sanitary sewer system is reasonably accessible (as determined by the Plan Commission) the applicant shall connect with same and provide sewers to each lot in the subdivision.

(b) Where public sanitary sewer systems are not reasonably accessible but will become available within a reasonable time not to exceed 15 years the applicant may choose to install 1 of the following alternatives:

1. Central sewage system with the maintenance cost to be assessed against each property benefitted. Where plans for future public sanitary sewer systems exist, the applicant shall install the sewer lines, laterals, mains in conformance with plans and ready for connection to future sewer mains; or

2. Individual sewage disposal systems, provided the applicant shall install sanitary sewer lines, laterals and mains to a point in the subdivision boundary where a future connection with the public sewer main shall be made. Sewer lines shall be laid from the individual dwellings to the street line and a connection shall be available in each dwelling to connect from the individual disposal system to the sewer system when the public sewers become available. These sewer systems shall be appropriately capped until ready for use.

(c) Where sanitary sewer systems are not reasonably accessible and will not become available within an estimated 15-year period, the applicant may install sewage systems as follows.

1. Medium-density Residential Districts shall have a central sewage system. No individual disposal system will be permitted. The Commission may however, where plans exist for a public sewer system to be built beyond a period of 15 years, require that the applicant install all sewer lines, laterals and mains in conformance with the plans and ready for connection to the public sewer mains.

2. Low-density Residential Districts may have individual sewage disposal systems or a central sewage system can be used.

(4) Mandatory connections to public sewers. If a public sanitary sewer is accessible and a sanitary sewer is placed in a street or alley abutting upon a property, the owner thereof shall be required to connect to the sewer for the purpose of disposing of waste. It shall be unlawful for any owner or occupant to maintain upon the property an individual sewage disposal system.

(5) Individual disposal system requirements. Minimum lot areas shall conform to the requirements of the Zoning Ordinance and individual septic systems shall conform to the requirements of the Porter County Health Department requirements.

(Ord. 208, passed 12-19-1983) Penalty, see § 155.999

§ 155.177 NONRESIDENTIAL SUBDIVISIONS.

(A) General.

(1) If a proposed subdivision includes land that is zoned for commercial purposes, the layout of the subdivision with respect to the land shall make a provision as the Plan Commission may require.

(2) A nonresidential subdivision shall be subject to all requirements of site plan approval set forth in the Zoning Ordinance. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the direction of the Commission.

(3) A nonresidential subdivision shall also be subject to all the requirements of these regulations, as well as additional standards required by the Commission, and shall conform to the proposed land use and standards established in the Comprehensive Plan and other plans of the Town of Beverly Shores.

(B) Standards.

(1) In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Commission that the street (parcel or block) pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity.

(2) The following principles and standards shall be observed:

(a) Each nonresidential area or parcel shall be shown and marked on the plat as to its intended use;

(b) Proposed parcels shall be suitable in area and dimensions to the types of development anticipated; and

(c) Special requirements may be imposed by the Town Council with respect to the street, curb, driveway and sidewalk design and construction.

(Ord. 208, passed 12-19-1983) Penalty, see § 155.999

§ 155.178 SPECIFICATIONS FOR TECHNICAL REVIEW.

(A) General. The following items are required for the technical conference:

(1) Location and description of property:

(a) Location of property by street, block and adjacent subdivisions (with block and lot numbers) as applicable shall be specified or in the case of unsubdivided properties, location by township range and section (metes and bounds); and

(b) Size of tracts in acres or of existing lots, if any, in square feet.

(2) Information as to ownership:

(a) Name(s), address(s) and telephone number(s) of the legal or beneficial owner(s) of the property;

(b) Description of any existing legal rights-of-way or easements affecting the property; and

(B) Drawing showing existing features. A hand-drawn sketch at a scale of approximately 50 feet to the inch shall show information for the property which is proposed to be subdivided, and for adjoining properties for a distance of not less than 500 feet, which will include:

(1) A general layout of streets, blocks and lots for the entire tract under control of the subdivider;

(2) Identification of any general area to be set aside for schools, parks or other community facilities;

(3) Identification of sites for uses other than single-family dwellings; and

(4) General indications of how the subdivision is to be provided with water service, sanitary sewers and storm drainage.

(1) The boundary of the property and its true relationship to the right-of-way of the existing road(s) upon which it may border;

(2) The location and name of all adjacent subdivisions, if any, and names of owners of adjacent unsubdivided property;

(3) Present zoning classification;

(4) The location, width and type of use of any existing roads, rights-of-way, easements or other special purpose areas within the property, or immediately adjacent thereto, the location of towers, poles or other structures in connection with electric transmission lines;

(5) Approximate location of any existing underground utilities, such as sewers, water mains, storm drains, gas or oil transmission lines and the like, within the property or immediately adjacent thereto, with approximate pipe size and directions of slope; and

(6) (a) Existing topography with suitable contour intervals, giving bench marks, not greater than 5 feet, together with drainage channels, streams, springs, flood zones, rock outcrops, buildings, wooded areas or other features likely to affect the plan.

(b) The source and accuracy of the topographic details shown on the plan shall be in terms of U.S.G.S. data and/or field survey.

(Ord. 208, passed 12-19-1983) Penalty, see § 155.999

§ 155.179 PRIMARY PLAT.

(A) General.

(1) The primary plat shall be prepared by a licensed land surveyor or engineer at a scale of not more than 1 inch equals 100 feet.

(2) It may be prepared in pen or pencil and the sheets shall be numbered in sequence if more than 1 sheet is used.

(3) All sheets shall be of a size as is acceptable for filing in the office of the County Recorder, but shall not be larger than 34 by 44 inches.

(4) The map prepared for the preliminary plat may be drawn on tracing cloth or reproducible Mylar.

(B) Name:

(1) Name of subdivision if property is within an existing subdivision; and

(2) Proposed name, if not within a previously platted subdivision.

(1) Name(s) and address(s), including telephone number(s), of legal or beneficial owner(s) or agent of property;

(2) Citation of any existing legal rights-of-way or easements affecting the property;

(3) Existing covenants on the property, if any; and

(4) Name and address, telephone number and registration number of the professional engineer and surveyor responsible for subdivision design, for the design of public improvements and for surveys.

(D) Description:

(1) Location of property by lot or section, township, range and county (metes and bounds); and

(2) Graphic scale, north arrow and date shall be included.

(E) Features:

(1) Location of property line, existing easements, burial grounds, railroad rights-of-way, watercourses and existing wooded areas or trees 12 inches or more in diameter, measured 4 feet above ground level; location, width and names of all existing or platted streets or other public ways within the tract;

(2) The location of property with respect to surrounding property and streets, including the names of all adjoining property owners of record, the names of adjoining developments and names of adjoining streets;

(3) Location, size, invert elevations and slopes of existing sewers, water mains, culverts and other underground structures within the tract and existing permanent buildings and utility poles on the tract;

(4) Approximate topographic contours shown at 5-foot intervals in rolling or hilly terrain and 2-foot intervals in level terrain, referenced to sea level datum and an established bench mark;

(5) The approximate location and width of proposed streets;

(6) Proposals for a means of providing water supply and sanitary waste disposal and treatment; preliminary provisions for collecting and discharging surface water drainage;

(7) The approximate location, dimensions and area of all proposed or existing lots;

(8) The approximate location, dimensions and area of all parcels of land proposed to be set aside for park or playground use or other public use, or for the use of property owners in the proposed subdivision;

(9) The location of temporary stakes to enable the local officials to find and appraise features of the proposed layout of the field, if needed;

(10) Whenever the primary plat covers only a part of the applicant's contiguous holdings, the applicant shall submit at the scale of no more than 1 inch equals 500 feet, a sketch of the entire holdings, including the proposed subdivision area, showing an indication of the probable future street and drainage systems, for the remaining portion of the tract; and

(11) (a) A vicinity map showing streets and other general development of the surrounding area.

(b) The primary plat shall show all school and improvement district lines with the districts properly designated.

(Ord. 208, passed 12-19-1983) Penalty, see § 155.999

§ 155.180 SECONDARY PLAT.

(A) General.

(1) The secondary plat shall be prepared by a registered land surveyor or engineer at a scale of not more than 1 inch equals 100 feet.

(2) It shall be prepared in pen and ink and the sheets shall be numbered in sequence if more than 1 sheet is used.

(3) All sheets shall be of a size as is acceptable for filing in the office of the County Recorder, but shall not be larger than 34 by 44 inches.

(4) The map prepared for final plat shall be drawn on tracing cloth or reproducible Mylar.

(B) Features. The secondary plat shall show the following:

(1) The dimensions of all boundary lines of the property expressed in feet and hundredths of a foot, the bearings of all lines to a minimum of 1/2 minute;

(2) The location, width or size of existing streets, easements, water bodies and other pertinent features such as swamps, railroads, buildings, parks, cemeteries, drainage ditches, bridges and culverts, as determined by the Plan Commission;

(3) The location and width of all proposed streets, easements, alleys and other public ways and proposed street rights-of-way and building setback lines;

(4) The locations, dimensions and areas of all proposed or existing lots including dimensions of all lot lines expressed in feet and hundredths of a foot, and bearings of all lines to a minimum of 1/2 minute;

(5) The location and dimensions of all property proposed to be set aside for park or playground use, or other public or private reservation, with designation of the purpose thereof, and conditions, if any, of dedication or reservation;

(6) The name and address of the owner of land to subdivided; the name and address of the subdivider, if other than the owner; and the name and address of the land surveyor or engineer. Also, citation of last instrument conveying title to each parcel of property involved, giving grantor, grantee, date and land record reference;

(7) The date, north arrow and scale;

(8) Sufficient data acceptable to the Building Commissioner to determine readily the location, bearing and length of lines for reproduction of lines upon the ground;

(9) The location of all proposed and existing monuments;

(10) Name of the subdivision;

(11) Indication of the use of any single-family residential lot and all uses other than residential proposed by the subdivider;

(12) Lots shall be consecutively numbered, and blocks shall be lettered in alphabetical order;

(13) The plat should include the following notations:

(a) Explanation of drainage easements (if any);

(b) Explanation of site easements (if any);

(d) Endorsement of owner with date and signature.

(14) A block or space shall be set aside on the final plat in the following form for endorsement by the Commission President:

Approved by Resolution of the __________________ Plan Commission.

_______________ ________

President Date

_______________ ________

ATTEST: Secretary Date

(15) The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause for disapproval of a final plat.

(Ord. 208, passed 12-19-1983) Penalty, see § 155.999

§ 155.181 CONSTRUCTION PLANS.

(A) Construction plans shall be prepared for all required improvements to be installed by the subdivider. Plans shall be drawn at a scale of no more than 50 feet to the inch, and map sheets shall be of the same size as the preliminary plat.

(B) The following shall be shown:

(1) Profiles showing existing and proposed elevations along center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads within 100 feet of the intersection, shall be shown, plus approximate radii of all curves, lengths of tangents and central angles on all streets;

(2) The Commission may require, where steep slopes exist, that cross sections of all proposed streets at 100 foot stations shall be shown at 5 points as follows: One line at right angles to the center line of the street; each property line; and points 25 feet inside each property line;

(3) Plans and profiles showing the locations and typical cross section of street pavements including curbs and gutters; sidewalks, drainage easements, servitudes, rights-of-way and catch basins; the location of street signs; the location, size and invert elevations and of existing proposed sanitary sewers, storm water drains and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water, or other underground utilities or structures;

(4) Location, size, elevation and other appropriate description of any existing facilities or utilities, including, but not limited to, existing streets, drains, easements, water bodies, streams, floodplains and other pertinent features within the proposed subdivision;

(5) Topographic at the same scale as the preliminary plat with a contour interval of 2 feet, referred to sea level datum. All datum provided shall be latest applicable U.S. Coast Guard and Geodetic Survey datum and should be so noted on the plat;

(6) All specifications and references required by the local government's construction standards and specifications, including a site grading plan for the entire subdivision; and

(7) Title(s), name(s), address(s) and signature(s) of registered engineer and land surveyor, and date.

(Ord. 208, passed 12-19-1983) Penalty, see § 155.999

§ 155.182 TOWN OWNERSHIP OF ALL INSPECTED AND APPROVED STREET AND WATER MAIN EXTENSIONS.

(A) Whenever any street extension, pavement installation, or water main extension is constructed to the town's streets or water system by someone other than the town, the person or entity constructing the extension or installation shall have plans and specifications therefor prepared and stamped by an engineer licensed to practice in the State of Indiana, which plans and specifications are to be included with the application for a building permit.

(B) (1) Prior to issuing a building permit, the Building Commissioner shall verify that the plans and specifications meet or exceed the standards set therefor by the town, and that written approval, as appropriate, of the Michigan City Water Department or any other government agency has been obtained for the construction or installation.

(2) Issuance of the building permit shall be evidence that the Building Commissioner has approved the plans and specifications and obtained copies of the other necessary approvals.

(C) As necessary during construction, and, in any event, before any covering of the work has taken place, the Building Commissioner shall inspect the construction and verify compliance with the approved plans and specifications.

(1) The Building Commissioner shall either issue a written approval of the construction or installation or a written description of any deficiencies in the construction or installation.

(2) Any such deficiencies must be cured promptly.

(3) A failure to do so may be considered by the Building Commissioner to be cause to stop all construction on the related project until such deficiencies are cured.

(D) Upon completion of the above described construction or installation and the issuance of written approval thereof by the Building Commissioner and any other necessary government agency, the street extension, new pavement, and installed water main shall, without more, become the property and responsibility of the town or, in the case of an installed water main, the Michigan City Water Department after it acquires ownership of the town's water delivery system.

(E) (1) Nothing in this section relieves any person or entity from complying with any and all laws, rules, regulations and ordinances applicable to their building project, or to grant the Building Commissioner or anyone else the power to waive any such compliance.

(2) It is the sole responsibility of the permittee to determine the means and methods for any construction and/or installation, and to insure that all design, construction and installation work is done in conformance with all applicable laws, rules, regulations and ordinances.

(F) (1) No occupancy permit shall be issued unless the Building Commissioner has certified, in writing, that he or she has verified that the complete project has been constructed in compliance with this section, all relevant permits, and all applicable laws, rules, regulations and ordinances.

(2) The written verification is to be placed in the town's record for that project and a copy given to the permittee.

(Ord. 09-03, passed 3-16-2009) Penalty, see § 155.999

Cross-reference:

Water, see Ch. 50

Streets and sidewalks, see Ch. 153