Article X shall be known as the “Subdivision Regulations of Chesterton”.

   This chapter is adopted in accordance with the Comprehensive Plan for the following purposes:

   A.   To assist the orderly and efficient development of the town;

   B.   To provide for the coordination of new streets with existing and planned streets or highways;

   C.   To promote the health, safety and general welfare of the residents of the town;

   D.   To ensure the coordination with and extension of community facilities and utilities; and

   E.   To secure equitable handling of all subdivision plans by providing uniform procedures and standards.

   This article shall apply to all subdivisions of land within the town and shall require compliance as follows.

   A.   No person proposing a subdivision shall proceed with any grading or improvements for streets or the installation of public utilities until the primary plat of the proposed subdivision has been approved by the Plan Commission.

   B.   No person proposing a subdivision shall construct or commence the construction of any building in a subdivision, until the secondary plat of the subdivision has been approved by the Plan Commission and recorded in accordance with the provisions hereof and a copy of the recorded plat is filed with the Building Commissioner.

   C.   No permit to erect, alter, repair or replace any building upon land in a subdivision shall be issued until a plat of the subdivision has been approved by the Plan Commission and recorded, and improvements required by the Plan Commission have been constructed or the construction thereof guaranteed as provided in this chapter.

   Whenever there is a difference between minimum standards or dimensions specified in this chapter and those contained in other regulations, resolutions or ordinances of the town, county or state, the highest standards shall govern.

   This chapter shall apply to all incorporated land within the town.

   A person desiring approval of a plat of a subdivision may appear before the Plan Commission to discuss his or her proposal before filing an application for primary plat approval. No fee or formal application is required for this meeting. Its purpose is to save the subdivider time and money. The subdivider should be prepared to discuss the details of his or her proposed subdivision, including such items as the proposed use, existing features of the area, existing covenants, land characteristics, availability of community facilities and utilities, size of development, play areas or public areas, proposed protective covenants, proposed utilities and street improvements. The subdivider may submit a sketch plan as outlined in § 1000-36 of this appendix.

   A.   Application for approval. A subdivider desiring approval of a subdivision plat shall submit an application for approval of a primary plat to the Plan Commission office at least ten days prior to the meeting at which the Plan Commission is expected to consider such application and plat.

   B.   Application contents. The application shall be accompanied by the following:

      1.   Five copies of all drawings and data as set forth in § 1000-37 with the exception of “C. Engineering Plans”, which shall require four copies, that are to be filed by 10:00 a.m. 20 days prior to the public hearing on primary plat approval for preliminary department head review. After the preliminary review by department heads, 12 copies of all revised drawings and data as set forth in § 1000-37 with the exception of “C. Engineering Plans,” which shall require four copies, that are to be filed by 10:00 a.m. ten days prior to the public hearing on primary plat approval; and

      2.   A check or cash in the aggregate amount of $75 for each lot in the subdivision to cover the town’s costs of plan review, inspection of public improvements, legal fees and administrative costs which are incurred as a result of the subdivision application.

   C.   Review and tentative approval or rejection of application; hearing and notice thereof.

      1.   The Plan Commission shall review the application and give it tentative approval or return the application to the subdivider with reasons for disapproval. If tentatively approved, the Plan Commission shall set a date for a public hearing and inform the subdivider in writing of the date thereof. Further, the subdivider shall, by publication in a newspaper of general circulation within the town give the general public notice of the time, date, place and subject matter of the public hearing. At least ten days prior to the date set for such hearing. At least seven days prior to the date set for the public hearing the subdivider shall notify all owners of property lying within 300 feet of the property proposed to be subdivided of the time, date, place and subject matter of the public hearing. Such notice shall be in writing and shall be delivered by registered or certified mail, return receipt requested, addressed to the owner of the property at such address as is found on file in the Office of the Auditor of the county.

      2.   The subdivider shall present evidence of the certified or registered mailing to such owners to the Plan Commission prior to the commencement of the public hearing. The subdivider shall present evidence of proof of publication and that the publication fees have been paid prior to the commencement of the public hearing.

   D.   Action on application after hearing. After the hearing, the Plan Commission shall approve the plat proposed in the application subject to receipt of an acceptable secondary plat as set forth in § 1000-38 of this chapter, or shall conditionally approve or disapprove the plat, setting forth its reasons and providing the subdivider with a copy. If the plat is disapproved, the subdivider may submit a new primary plat.

   E.   Wetlands. No subdivision shall be approved in the town that includes land shown as wetlands on the National Wetland Inventory Maps or the maps attached to Ord. 91-12 since adopting this subsection E., and marked as Exhibit “A”, unless the subdivider has obtained all required state and federal permits including, but not limited to, permits from the Army Corps of Engineers and the state’s Department of Natural Resources.

(Ord. 2015-04, passed 4-27-2015)

   A.   Submission. After primary plat approval is obtained, the subdivider shall submit a secondary plat to the Planning Director as set forth in § 1000-38 of this chapter. Secondary plats may be submitted in phases so long as each phase conforms to all requirements for subdivisions and primary plat approval found in this appendix. The first secondary plat shall be filed not later than two years after primary plat approval with each successive secondary plat to be filed no later than two years from the approval of the last filed secondary plat. If two years have elapsed following the approval of the primary plat without secondary plat approval in the case of a subdivision with only one phase, the Planning Director may require the subdivider to submit a new primary plat for approval. In the case of a phased subdivision, if two years have elapsed following the approval of the last filed secondary plat without a secondary plat approval being filed for the next phase, the Planning Director may require the subdivider to submit a new primary plat for approval.

   B.   Accompanying material. The secondary plat shall be accompanied by:

      1.   Ten black or blueline prints and three Mylar sepias of the plat. Additional Mylars may be submitted for the developer’s use. Once the Mylars are signed, 12 black or blueline prints of the signed and approved secondary plat shall be submitted to the Building Commissioner for recording purposes; and

      2.   A certificate from the appropriate town department that all improvements required by this chapter and all other applicable town ordinances have been installed in strict accordance with the town standards, or a guarantee that the improvements will subsequently be installed by the owner in the form of a surety bond, an irrevocable letter of credit, or any other guarantee that is first approved by the Planning Director that will cover 110% of the costs of all required improvements as estimated by the Town Engineer. The aforementioned guarantees for the costs of the required improvements shall be posted at the time of secondary plat approval and shall provide for the following:

         a.   The guarantee binds the undersigned, their heirs, executors, administrators, successors and assigns firmly for a period of 30 months from and after               , which date is necessarily the same date of secondary plat approval; and

         b.   The improvements required by the town shall be completed by                   , hereinafter referred to as “owner”, in accordance with all requirements of the town code and the plans have been approved for this   (insert Subdivision or Plan Unit Development)  no later than           , which date is necessarily two years from the date of secondary plat approval. Accordingly, the expiration date for this guarantee is                   .

   C.   Approval or disapproval.

      1.   The Planning Director, (or his or her designee), after consultation with legal counsel, the Town Engineer, and other department heads, is authorized to approve secondary plats for the town. He or she may, however, refer the secondary plat to the Advisory Plan Commission for consideration if, in his or her sole discretion, he or she determines that the secondary plat constitutes a substantial deviation from the approved primary plat. In such cases, the Plan Commission shall review the submitted secondary plat to determine whether the developer shall be required to submit an amended primary plat.

      2.   If the Planning Director, after consultation with legal counsel, the Town Engineer and other department heads, finds that the secondary plat is in accordance with the requirements of this chapter, he or she shall affix the Plan Commission’s seal upon the plat, and shall endorse the plat and return it to the subdivider.

      3.   If disapproved, he or she shall attach to the original tracing of the secondary plat a statement of the reasons for such action and return it to the subdivider.

   D.   Recording. Once a secondary plat is approved by the Planning Director, the Building Commissioner shall present the appropriate number of copies of the approved secondary plat to the County Recorder within 120 days.

(Ord. 2008-05, passed 4-14-2008)

   A.   The subdivider may prepare a sketch plan to present to the Plan Commission at the advisory meeting.

   B.   This plan may be drawn as a pencil sketch and does not require precise dimensions or any special sheet size.

   C.   This sketch plan may be used to show the Plan Commission the location, proposed street and lot layout and any other significant features of the proposed subdivision.

   Unless specifically waived by the Plan Commission, the following drawings and data shall be submitted with the application for primary plat approval. These drawings and data may be on separate sheets or combined in one sheet, depending on the size and complexity of the proposed subdivision:

   A.   Site drawing. A site drawing of the proposed subdivision and all lands within at least 100 feet of its boundaries showing:

      1.   Vicinity map indicating location within the town;

      2.   Zoning of the tract and adjacent properties;

      3.   Contours of the site at vertical intervals of two feet if the general slope is less than 10%, and at intervals of five feet if the general slope is greater than 10%;

      4.   Character and location of natural or artificial features existing on the land which would affect the design of the subdivision, such as wooded areas, streams, direction and gradient of ground slope, embankments, retaining walls, buildings or non-residential usage of land:

      5.   Names of owners of properties contiguous to the subdivision;

      6.   Existing and proposed streets and rights-of-way, including dedicated widths, roadway widths, approximate gradients; types and widths of pavements, curbs and sidewalks;

      7.   Existing and proposed easements, including widths and purposes;

      8.   Utilities, including the size, capacity and location of sanitary sewers, storm sewers, drainage facilities and water lines;

      9.   Areas subject to periodic overflow of flood or storm waters;

      10.   Subsurface conditions, including information about ground water levels and stability of subsoils;

      11.   Tract boundary lines by calculated distances and bearings; and

      12.   Title, graphic scale, north point and date.

   B.   Subdivision plat. A subdivision plat of the proposed subdivision drawn at a scale no small than 100 feet to one inch showing:

      1.   Subdivision name;

      2.   Names and addresses of owner, subdivider and person who prepared the plan;

      3.   Street pattern, including the names (which shall not duplicate existing streets in the town unless it is an extension of an existing street), widths of rights-of-way of streets, widths of easements for alleys and approximate grades of streets;

      4.   Layout of lots, including dimensions, numbers and building setback lines or front yard lines;

      5.   Parcels of land to be dedicated or reserved for schools, parks, playgrounds or other public or community use;

      6.   Key plan, legend, notes, graphic scale, north point and date; and

      7.   In the event the subdivider desires to phase the subdivision through the filing of multiple secondary plats, the phase boundaries shall be clearly set forth on the subdivision plat.

   C.   Engineering plans. Engineering plans for the proposed subdivision showing:

      1.   Profiles, cross-sections and specifications for proposed street improvements;

      2.   A grading plan showing elevations of proposed improvements on each lot, and swales, ditches and storm sewers affecting drainage of each parcel and of the subdivision generally;

      3.   Profiles and other explanatory data concerning installation of storm sewers, sanitary sewers and utility crossings;

      4.   A report on the feasibility of connection to an existing sewerage system, including distances to the nearest public sewer, and service load of the subdivision;

      5.   If connection to a public sewerage system is not feasible, a report on the feasibility of a separate sewerage system and treatment works for the subdivision, including the design, population, type and location of the treatment plant and the receiving steam;

      6.   If connection to a public or private sewerage system is not feasible, a report on the feasibility of on-lot sewage disposal, including a detailed drawing of the physical conditions of the site, contours, finished grades, watercourses, ground water table elevations and the results of soil percolation tests for each individual lot conducted in accordance with the recommended practices of the state’s Board of Health;

      7.   A Tree Allocation Plan pursuant to § 1000-78 of this appendix; and

      8.   The subdivider’s engineer must certify on the engineering plans that all infrastructure in the subdivision will comply with the existing requirements of the ADA.

   D.   Restrictions. A draft of the protective covenants or private restrictions to be adopted in the secondary subdivision plat.

   E.   Certificate of approval. A certificate for completion by the Plan Commission shall be shown on the primary plat as follows:

 

 

   The secondary plat shall conform to the approved primary plat and shall be drawn at a scale no smaller than 100 feet to one inch. The secondary plat shall show:

   A.   Subdivision names, names and addresses of owner, and subdivider, source of title of land as shown by the books of the County Recorder, graphic scale, north point and date;

   B.   Survey data with certification by a registered land surveyor, showing:

      1.   Acreage or part thereof of each lot, and calculated distances and bearings of the subdivision boundaries, lots, utility easements, streets, alleys, building setback lines; and parcels of reserved or dedicated land for community purposes;

      2.   Location and distances to the nearest established street corners of official monuments, and of the streets intersecting the boundaries of the subdivision;

      3.   Location, type, material and size of monuments;

      4.   Complete curve data; and

      5.   Lot numbers, street names and addresses.

   C.   Notations as to whether improvements are dedicated or not;

   D.   The following certificates:

      1.   Certificate of dedication.

 

 

      2.   Certificate of acknowledgment.

 

 

      3.   Land surveyor’s certificate.

 

 

      4.   Certificate of approval.

 

 

   E.   In the event there is a conflict between any items shown on the approved Mylar and the standards contained in the town code as it exists at the time of secondary plat approval, the approved Mylar will be governed and interpreted by the standards contained in the town code.

(Ord. 2008-05, passed 4-14-2008)

   The Plan Commission shall not approve any plat unless the land whereon buildings are to be constructed shall be of such character that it can be used for building purposes without danger health or peril from fire, flood or other hazard.

   Existing natural features which would add value to the subdivision and the town, such as trees, valleys, watercourses, historic spots and similar irreplaceable assets, shall be preserved, insofar as possible, through harmonious design of the subdivision.

   A.   The Plan Commission shall not approve any plat unless all streets shown thereon shall be of sufficient width and proper grade, and shall be so located as to accommodate the probable volumes of traffic thereon, afford adequate light and air, facilitate fire protection, provide access of firefighting equipment to buildings and provide a coordinated system of streets conforming to the town’s Major Thoroughfares Plan.

   B.   A local street shall be so planned as to discourage through traffic.

   C.   Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided, the remainder of such street or alley, to the prescribed width, shall be platted within the proposed subdivision and improved by the subdivision petitioner so that the street meets the town standards for street construction.

   D.   Half streets shall not be provided, except where it is essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, or where it becomes necessary to acquire the remaining half by condemnation so it may be approved in the public interest.

   E.   1.   Cul-de-sac streets not exceeding 600 feet in length shall include a completely paved turnaround which shall be provided at the closed end with an outside curb radius of at least 50 feet and a right-of-way radius of at 60 feet. Cul-de-sac streets longer than 600 feet shall not be approved unless a variance is obtained prior to platting from the BZA and, if so approved, shall include a completely paved turnaround which shall be provided at the closed end with an outside curb radius of at least 65 feet and a right-of-way radius of at least 75 feet.

      2.   The maximum grade of the turnaround portion of the cul-de-sac shall be 5%.

   F.   Alleys shall not be provided in residential districts, but shall be included in business and industrial areas where needed for access purposes.

   G.   The minimum distance between the centerlines of parallel or approximately parallel streets intersecting a cross-street from opposite direction shall be 125 feet.

   H.   Intersection of more than two streets at one point shall be avoided.

   I.   Dead-end streets shall be prohibited unless provided with a turnaround or cul-de-sac arrangement. Temporary dead-end streets will be permitted where the approved plat shows that the street will be extended to conform to the provisions of this chapter. A circular right-of-way at the termination of a temporary dead-end street must be shown on the approved plat. The excess right-of-way and paved turnaround shall be relinquished only at that time in which the dead-end street is extended.

   J.   Right-of-way requirements may be increased where anticipated traffic flow warrants it, or if drainage easements should reasonably parallel such thoroughfares. Such increased width will be established by the Plan Commission with the advice of the Engineer.

   K.   Minimum right-of-way widths, paving widths, angle of intersection, curb radius, distance along sides of sight triangles, horizontal alignments, vertical alignments, as well as maximum grades shall be in accordance with the following table:

 

      1.   The latest editions of the Recommended Standards for Wastewater Facilities and the Recommended Standards for Water Works, copies of which are on file in the office of the Town Clerk-Treasurer for public inspection, shall be used for the design lay-out of sewer lines and water lines within the subdivision and such standards shall govern any connection and extension of any such system to the subdivision.

      2.   The town’s standards, copies of which are on file in the office of the Clerk-Treasurer for public inspection, shall be used for the design, layout and construction of streets, curbs, sidewalks, storm sewers, water facilities, sewer lines and other public facilities as described therein. In addition, these standards shall apply to all construction in the town not simply those for subdivisions and PUDs.

   Blocks shall not exceed 1,320 feet in length. Pedestrian ways and/or easements may be required near the center of the block.

   The lot and yard sizes shall conform with the requirements of this appendix and the lots shall be designed in accord with the following design standards.

   A.   Every lot shall be provided with access adequate for the use of public safety vehicles and other public or private street system, improved in accordance with this chapter and connected to the general street system.

   B.   Side lines of lots shall be approximately at right angles to straight streets and on radial lines on curved streets wherever feasible. Pointed or very irregular lots shall be avoided unless such variations shall improve the overall neighborhood design.

   C.   Double-frontage lots shall be avoided.

   D.   When a tract is subdivided into larger than required building lots and there is no covenant preventing resubdivision of the lots, such lots or parcels shall be so arranged as to permit a logical location and openings of future streets and resubdividing with provision for adequate utility connections for each subdivision.

   A.   Easements for utilities and drainage shall have a minimum width of 12 feet with access available to all portions of said easement. Six feet of one lot adjoining six feet of another lot shall constitute a 12-foot easement. Where a subdivision is traversed by a watercourse, there shall be provided a storm water easement or drainage right-of-way of width sufficient for the purpose. Water and sanitary sewer lines shall be located within a street right-of-way but to the extent possible, not under paved areas.

   B.   Easements at the rear of lots or between the areas of two or more adjoining lots shall be 20 feet in width, ten feet of one lot and ten feet of another lot shall constitute a 20-foot easement.

   The water supply, storm sewer and sewage disposal systems for the subdivision shall meet the design standards and requirements of the state’s Board of Health and the town.

   All of the required improvements specified in this article shall be constructed in accordance with the town standards for construction and all other applicable town, county and state regulations.

   Concrete monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision. Iron or steel markers shall be set at the beginning and ending of all curves along street property lines.

   All streets shall be built in accordance with the town standards and shown on the plans and profiles for the subdivision. It is noted that the town standards apply to street construction, which also includes curbs and gutters, sidewalks and parkways.

   The construction of storm sewers and a storm drainage system shall be in accordance with the town standards.

   A.   Where public water supply is available, as determined by the town’s Utilities Service Board (Utility Board), the subdivider shall connect to such public water supply and construct a system of water mains with a connection for each lot.

   B.   Where public water is not available, the subdivider shall supply acceptable evidence of the availability of water. The subdivider may be required to make one or more test wells in the area to be platted if such evidence is deemed not acceptable. Copies of well logs from such test wells which are obtained shall include the name and address of the well driller and shall be submitted with the plan to the Plan Commission.

   C.   If a private water supply is permitted, individual private wells shall be located at least 25 feet from property lines; 50 feet from all septic tanks; approximately 100 feet from all tile disposal fields and other sewage disposal facilities; ten feet from all cast iron sewer lines; 30 feet from any vitrified sewer tile lines; and shall not be located within any floor plan.

   The subdivider shall provide the subdivision with a complete sanitary sewer system which has been approved by all necessary state and local agencies prior to any construction. The Plan Commission, after receiving the advice of the Utility Board, may require the subdivider to connect such system to the municipal sanitary sewer system. Where the municipal sewer system is not reasonably accessible to the subdivision, and in the judgment of the Plan Commission, after the advice of the Utility Board, extension of the municipal sewer system to the subdivision will not take place in the reasonably foreseeable future, an approvable package sewage treatment plant serving the entire subdivision may be permitted. The Plan Commission may require the package sewage treatment facility to be dedicated to the town be operated as an interim facility by the Utility Board. Additionally, sanitary sewage facilities shall be built in accordance with the town standards.

   Every lot in a subdivision shall be capable of being served by utilities, and the necessary easements shall be provided. Electric, gas and other utility distribution lines shall be installed within public rights-of-way or within properly designated easements. To the fullest extent possible, all utility lines shall be placed underground. Underground utility lines located in street rights-of-way shall not be installed beneath existing or proposed paved areas, except when crossing streets or otherwise where absolutely necessary. Paved streets shall not be cut to accommodate utility lines. These areas shall be bored.

   A.   1.   In order to partially mitigate the negative environmental effects of impervious surface in street construction, loss of greenspace and vehicles associated with land development, the following tree plantings shall be required in all new subdivisions and phases thereof:

         a.   Minimum one tree per 40 feet of roadway measured from the centerline of the roadway; and

         b.   Minimum one tree per platted lot.

      2.   All trees required pursuant to this section shall be considered required infrastructure and included in the infrastructure guarantee.

   B.   Placement of trees by the developer shall be on site as follows:

      1.   On individual lots within the front yard plane for residential and anywhere on the lot for other properties; or

      2.   On community property such as the street right-of-way or designated park land. Public land tree plantings must comply with the town’s Tree Ordinance found at the office of the Clerk-Treasurer, as the same may be amended from time to time.

   C.   In the event the Plan Commission determines it is not feasible to locate all required trees within the subdivision in question, it will assign to the developer one of the following alternatives:

      1.   Plant the required trees off-site at locations within the town and approved by the Plan Commission as set forth above and show proof of same; or

      2.   Pay to the town what the Plan Commission determines to be the equivalent dollar value for all required trees, their planting and the cost of maintenance of same for a period of two years. Any funds received pursuant to the above shall be placed in a town fund designated for public tree planting and maintenance activities.

   D.   There shall be no planting within five feet of underground utility lines and no large or medium trees under utility wires. Cars shall not be allowed to overhang landscaped tree areas by more than two and one-half feet, and wheel stops or curbs shall be provided.

   E.   Tree species planted pursuant to this appendix must be chosen from the approved tree list in the town’s Arboricultural Specifications Manual and have a minimum of two-inch caliper for deciduous trees and minimum planting height of five feet for coniferous trees. Trees shall be installed in accordance with the town’s Arboricultural Specifications Manual. Any tree pits shall be a minimum of five feet in diameter.

   F.   The current property owner of any property affected by this appendix shall be responsible for the maintenance of all landscaping trees required herein. The only exception to this requirement shall be for those trees planted within the town’s right-of-way. In such cases, the town shall be responsible for maintenance of landscaping trees placed in this right-of-way.

   G.   A landscape tree plan shall be submitted as part of the primary plat submission for all subdivisions and shall show the number, location and species shown for any trees proposed to be planted in the street right-of-way or designated park land. Individual trees on lots and not located in public right-of-way need only to be identified by number of the trees per lot.

   Street name signs of a type adopted or approved by the Plan Commission shall be installed at each street intersection by the subdivider, on a location specified by the Plan Commission.

   In all subdivisions, a four-foot wide concrete sidewalk shall be constructed within the right-of-way along both sides of all streets within or abutting such subdivision.

   Every and all petitioners for a subdivision or a PUD in the town shall enter into and be bound by the street light and fire hydrant agreement found as Exhibit “H” of the Plan Commission’s rules and regulations, as the same may be amended from time to time.

   In all cases where any proposed building foundations in a subdivision will be at or below the water table, the subdivider shall provide, for the purpose of sump drainage, non-perforated polyethylene or PVC pipe with a minimum diameter of six inches. This pipe shall be connected to the storm drainage system and shall be placed in the grass area one foot behind the curb at the depth of three feet minimum. A capped, multiple-reducing tee shall be provided at each lot in a location convenient for connection of a sump pump discharge by the builder. Standards for the sump drainage as required by this section shall be set forth in the drawing that is attached to the ordinance adopting this section and made a part of the town standards.

   As a condition of approval of a primary and secondary plat of subdivision for residential real estate or for residential PUDs, each subdivider or developer will be required to have land set aside and used for park and recreational purposes to serve the immediate and future needs of the residents of the development in accordance with standards, criteria and formula set forth in this article. Prior to the public hearing on any primary plat or residential subdivisions or PUDs, the subdivider or developer will be required to submit his plan and meet with the Park Board.

   A.   It is hereby found and determined that the public interest, convenience, health, welfare and safety require that a minimum of seven acres of property for each 1,000 persons residing within this town be devoted to local park and recreational purposes.

   B.   These standards are based upon present available studies and shall be reviewed periodically and amended when necessary.

   A.   Criteria for requiring park and recreational land.

      1.   Requirement and population ratio.

         a.   The ultimate density of a proposed development shall bear directly upon the amount of land required for park and recreational use. Until changed or modified by the Town Council in the manner provided below, the total requirement shall be seven acres of land per 1,000 of ultimate population in accordance with the following classifications:

 

 

         b.   Determination as to PUD-residential shall be made by reference to the site and development plan submitted.

         c.   The determination of “average persons per dwelling unit” shall be re-determined from time to time by the Plan Commission, which determination shall be based upon an estimate of present and reasonably foreseeable future number of persons, and shall in no event exceed the average number of persons determined by reference to the current or best available figures for the county, as published by the United States Department of Census, Northwest Indiana Regional Plan Commission or a bureau or a department of similar responsibility.

      2.   Standards. Master Plan and/or national standards as adopted by the Park Board shall be used as a guideline in locating sites. A central location which will serve equally the entire development is most desirable. In large developments, sites should be located throughout the development according to established standards for park area distances.

      3.   Standards for private recreation improvements. The town’s Parks and Recreation Board shall give its report and recommendation to the Advisory Plan Commission for land to be set aside and designated as park and recreational land which shall be in accordance with the following standards:

         a.   That yards, court areas, setbacks and other open areas required to be maintained pursuant to this appendix shall not be included in the computation of such private open space;

         b.   The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;

         c.   The use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the Plan Commission;

         d.   That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

         e.   That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan.

   B.   Alternatives to development and maintenance of private recreation improvements.

      1.   In the event the developer does not wish to comply with the standards above, upon agreement with the Park Board, the developer or subdivider may dedicate land to the town for the aforementioned purposes and in conformance with the aforementioned standards, or make a cash contribution in lieu of dedication of land to be held and used by the Park Board, or a combination of both, dedication and cash contribution. In the event this section is utilized by the developer or subdivider and agreed to by the Park Board, the developer or subdivider shall dedicate the land and/or make the cash contribution prior to the time of the signing of the secondary plat of subdivision or PUD.

      2.   Open space covenants or private park or recreational facilities shall be submitted to the Plan Commission prior to approval of a secondary plat of subdivision and shall be recorded contemporaneously with the secondary plat of subdivision or PUD plat, whichever is applicable.

   C.   Procedure.

      1.   The developer or subdivider is required to meet with the Park Board prior to the public hearing for preliminary approval of his or her petition. All items required by this article shall be set forth on the primary plat of subdivision or PUD and at the public hearing for primary approval the Park Board shall make its recommendations to the Plan Commission and in doing so is guided by the terms of this article. These recommendations shall be forwarded to the Plan Commission for final determination.

      2.   In making its final determination, the Plan Commission shall be guided by the standards contained in this article.

   D.   Improved sites. All sites shall be developed in a condition ready for full service of electrical, water, sewers, sidewalks and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor.

   E.   Applicable only to residential zoned subdivisions.

   A Plat Committee is established in accordance with I.C. 36-7-4-701, effective 2-1-1992.

   The Plat Committee shall consist of three persons, with at least one of the members being a member of the Plan Commission. Each appointment of a member of the Plat Committee is for a term of one year beginning 2-1-1992, but the Plan Commission may remove a member from the Plat Committee. The Plat Committee must mail notice of the removal, along with written reasons, if any, for the removal, to the member at his or her residence address. The appointments to the Plat Committee shall be made by the Plan Commission at its first meeting in 1992 and its first meeting in each year thereafter.

   A.   The Plat Committee established under this article shall have jurisdiction over all subdivisions of land that do not involve the opening of a new public way, is less than five acres in total size, contains five lots or less, and comply in all other respects with this appendix. The Plat Committee may grant primary and secondary approval without public notice and hearing, subject to appeal to the Plan Commission.

   B.   Within ten days after primary plat approval under this subsection B., the Plat Committee shall provide for due notice to interested parties of their right to appeal its decision to the Plan Commission under I.C. 36-7-4-708. INTERESTED PARTIES shall mean the petitioner and all owners of real estate located within 300 feet of the subdivision. The notice required under this subsection shall be given in accordance with I.C. 36-7-4-706. The Plat Committee may take action only by a majority vote of the entire Committee.

   C.   In taking action, the Plat Committee shall be guided by the same criteria that the Plan Commission operates under in determining whether to grant primary and secondary plat approvals. The Plat Committee shall make written findings of its decisions which shall be signed by its Chairperson.

   The Plat Committee may adopt rules governing its duties as set forth hereunder, which must be approved by official action of the Plan Commission.