1. Division of land requires new public streets or the extension of public streets,
2. Divisions of land that results in six (6) lots or greater,
3. Divisions of land that require one (1) or more waivers from the applicable design standards not exempted below, or
4. Divisions of land that require, or elect to have, common area or features that will be in common ownership; excluding shared driveway or shared entrances.

1. The parent tract of land is located more than 300 feet away from available municipal sanitary sewer, and
2. The division of land results in lots one (1) acre or more in lot area.

Residential developments shall have diversity in streetscapes, lot sizes, and/or development features to avoid monotonous streetscapes and to encourage stimulating living environments.

1. Break in Continuity. A common area at least 50 feet wide used for a park, hard surface pedestrian path, or subdivision amenity shall constitute a break in continuity.
2. Intersections.
   1. The right-of-way or easement for a public or private street shall constitute a break in contiguous lots.
   2. Where a street or cul-de-sac terminates in a T-intersection with a cross-street, a common area equal in width to the right-of-way of the terminating street or cul-de-sac and at least as deep as the lots abutting either side of the common area established opposite to and aligned with the terminating street shall constitute a break in contiguous lots.

1. Front Façade. Front façades on the same building model shall not be duplicated for two (2) lots on each side of the subject lot on the same side of the street. Also, front façades for the same building model may not be duplicated for five (5) lots across the street from the subject lot. No more than 30% of the same front façade shall be built on the same street.

An area of land bounded by streets or by a combination of streets and public land, rights-of-way, common area, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

See Article 8.3. Street & Alley Standards for additional standards.

1. Applicability. The block perimeter standards apply to Primary Plats, Secondary Plats, Development Plans, and Planned Unit Developments.
2. Block Standards.
   1. Residential blocks must have sufficient width to provide for two (2) tiers of residential lots, except where single tier lots are required to accommodate single-loaded streets where across from a public park or open space, to allow for unusual topographical conditions or when adjacent to the outer perimeter of a subdivision.
   2. The following table establishes the maximum block perimeter and maximum length for a dead-end street by zoning district. If a single block contains more than one (1) zoning district, the most restrictive requirement applies.

The shape, location and orientation of all lots within a development shall be appropriate for the uses proposed and be in accordance with each Zoning District, except as allowed by this Chapter. Different lot types are illustrated below.

Subdivisions must provide roadways that remain permanently open to the public and provide community-wide access as part of an overall connected street network.

All subdivisions that consist of 51 residential lots or more shall have a boulevard entrance with a landscaped median extending at least 40 feet from the perimeter street’s right-of-way at the primary entrance to the subdivision.

1. Regard shall be given to the Transportation Plan and Comprehensive Plan.

1. Pedestrian improvements shall be installed and integrated into new and existing developments in accordance with the Thoroughfare Plan.

1. The minimum width shall be as indicated in the Thoroughfare Plan. This standard shall also be required with new Planned Unit Developments.
2. Sidewalks a minimum of five (5) feet in width shall be provided along local roads (public and private).
3. Pedestrian improvements shall be located at least one-half (0.5) foot inside the right-of-way to be dedicated to the City.
4. Pedestrian improvements shall be spaced a minimum of four (4) feet away from the back of curb to provide a planting strip and to provide pedestrian separation from vehicles.

1. All developments shall participate in the establishment or improvement of the pedestrian network along its perimeter per the Thoroughfare Plan.
2. The determination of whether the perimeter network shall be constructed of concrete or asphalt shall be made by the Engineering Department.
3. Generally, all required sidewalks or paths shall be located inside the right-of-way of the perimeter street, but if utility poles, trees, or other physical characteristics dissuades or complicates installation, then the sidewalk or path may encroach into the perimeter landscaping (common area) within a pedestrian access easement.
4. All sidewalks shall be spaced away from the back of the curb or edge of pavement to provide a planting strip and provide pedestrian separation from vehicles. The distance required as determined by the Engineering Department.
5. The planting strip shall be planted with grass or other ground cover approved by the Department of Planning & Zoning.
6. Where it is identified in the Thoroughfare Plan, other material, methods of construction, and development standards may be warranted, as determined by the Director of Engineering.
7. When a proposed development lies between or adjacent to existing developments which have been provided with sidewalks, connecting sidewalks or pathways (which are extensions of the existing sidewalks) shall be constructed.
8. Connector sidewalks shall be provided from the sidewalk or path adjacent to the street to the front entrance of all non-residential structures. Where the sidewalk intersects driving lanes or parking aisles within the parking area, then crosswalks and ramps shall be installed in accordance with ADA requirements and to reinforce pedestrian safety.
9. A sidewalk or path shall be installed at the end of a cul-de-sac to provide pedestrian access to other cul-de-sacs, streets or common area. See also Sec. 8.3.2B.9. Cul-de-sac Design.

1. Requirement. Where any type of street intersects an arterial or collector street, marked crosswalks shall be installed. The Engineering Department may require that crosswalks be marked at other intersections or pedestrian crossing points on an as-needed basis.
2. Mid-block. In the design of blocks longer than eight hundred 800 feet, the Engineering Department may require the installation of a marked, mid-block pedestrian crosswalk at a location that is useful to facilitate pedestrian circulation to a school, park, recreation area, shopping center, or other significant neighborhood destination; or to assure a safe pedestrian network.
3. Curb Bump-out. If the street accommodates on-street parking, curb bump-outs shall be installed on each side of the street on which parking is allowed where the crosswalk is installed.
4. Ramp Design. ADA-compliant ramps shall be installed at each end of the crosswalk.

1. The minimum sidewalk width shall be as indicated in the Thoroughfare Plan.
2. Walkways shall connect building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds and ground cover.
3. Sidewalks adjacent to buildings shall be a minimum of 10 feet wide, with a four (4) foot wide (adjacent) planting bed. The length of the sidewalk shall be provided along the full length of the building elevation(s), with the following exceptions:
   1. A six (6) foot wide sidewalk, with four (4) foot wide (adjacent) planting bed shall be permitted along all side and rear elevations featuring a customer entrance and/or abutting public parking areas;
   2. Office buildings and individual standalone retail structures shall be permitted six (6) foot wide sidewalks, with four (4) foot wide (adjacent) planting beds, along all front elevations, and side and rear elevations featuring a customer entrance and/or abutting public parking areas;
      1. Under no circumstance shall any sidewalk have less than six (6) feet of clear space;
      2. Sidewalks may also be required along any side or rear elevation deemed appropriate by TAC or the Director; and
      3. Internal crosswalks may be required when deemed appropriate by the Engineering Director.
4. All internal pedestrian walkways shall be distinguished from driving surfaces using durable, low maintenance surface materials such as integrated colored concrete pavers, scored or textured concrete and bricks to enhance pedestrian safety and comfort.
5. All planting beds adjacent to foundation sidewalks shall contain the foundation plantings as required by Sec. 6.7.6. Lot & Foundation Plantings.

1. Cross Reference. See Sec. 10.2.11 Easements for additional information.
2. Standards. Private streets are permitted, but must conform to all street construction and right-of-way standards within the UDO.
3. Private Street Easements. Private streets shall be established in access easements that may be placed in common area, rather than rights-of-way.
4. When a private street easement appears on a plat, the following language shall be printed on the plat, “The Owner/Developer expressly covenants and warrants on behalf of itself and all future owners of lots within this subdivision that because the streets are private that all maintenance, repairs and replacement now and forever shall be undertaken at the expense of the lot owners in accordance with the terms and conditions set forth in the owners’ association bylaws and articles. No governmental entity has any duty or responsibility to maintain, repair or replace any private street.” Un-platted private street easements shall have this language included on the recorded private street easement instrument.

1. General Layout. Street and alley layout shall provide access to all lots and parcels of land within a development, and where streets cross other streets, a jog in the road shall not be created (sudden change of direction). Streets shall be laid out on the parent tract:
   1. In a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community.
   2. In an orderly and logical manner.
   3. With concern for connectivity to adjacent parcels.
   4. With concern for pedestrian and vehicular safety.
   5. To provide reasonably direct access to the primary circulation system.
2. Regard to Contour and Natural Features. Streets shall be adjusted to the contour of the land to produce useable lots and streets of reasonable gradient. Consideration shall be given to every natural feature, such as existing stands of trees, streams and creeks, or similar conditions which, if preserved, will add attractiveness and value to the community.
3. Connectivity. All development shall comply with Sec. 8.2.5C. Stub Streets.
4. Planting Strip. As determined by the Thoroughfare Plan, all development shall install a 4-foot minimum planting strip between the edge of the curb and sidewalk for proper landscaping and utility installation.
5. Street Trees. See Sec. 6.7.7. Street Trees for the number of street trees required as part of the street design standards. 
6. Gated Entrances. Gated development entrances shall have apparatus installed such that emergency vehicles (i.e. fire, police and ambulance) can quickly and easily gain access to the development. Further, the gates shall be sized to allow the largest fire truck in service in the City to easily turn into the development.
7. Intersections.
   1. All intersections of two (2) streets shall be within 15° of right angles to each other as measured at the street center lines.
   2. Intersections of more than two (2) streets at one (1) point shall not be permitted.
   3. Wherever possible, new local streets shall be aligned with existing local streets. Local street intersection with center line offsets of less than 125 feet shall not be permitted.
   4. From any given project, no more than one (1) street shall be allowed to access an adjacent arterial per quarter mile of frontage that the project has on the arterial.
   5. No two (2) intersections of streets of a lesser classification than arterial shall intersect an arterial within 500 feet of each other. No two arterials shall intersect another arterial within 1,320 feet (¼ mile) of each other.
8. Street Width. Street widths shall be determined by the Director of Engineering based on the Transportation Plan. Street width shall be determined by measuring from back of curb to back of curb. Half-width streets are not permitted.
9. Block Length. The maximum block length shall comply with Sec. 8.2.3. Blocks, or the Transportation plan, whichever is less.
10. Cul-de-sac Design. Where a street does not extend beyond the boundary of the development and its continuation is not required, as set forth herein, for access to adjoining property, its terminus shall comply with the following:
    1. Maximum Length: See Sec. 8.2.3C. Block Perimeters.
    2. Terminus: Shall be nearly circular in shape with a minimum right-of-way diameter in accordance with Sec. 7.1.4. Principles & Standards of Design.
    3. Drainage Easement: A drainage easement shall be provided near the center perimeter of the cul-de-sac, opposite of the cul-de-sac entrance. The easement shall be a minimum of 20 feet wide and 10 feet long. The easement and right-of-way adjacent to the easement shall be free of above ground improvements (e.g., driveways, mailboxes, fire hydrants, landscaping and utilities), unless otherwise approved by the Public Works Department, to accommodate snow removal maintenance of the cul-de-sac.
    4. Pedestrian Connectivity: A pathway or sidewalk shall be provided to connect one cul-de-sac to an adjacent cul-de-sac, street, or common area to provide a direct connection between pedestrian destinations. Such connection shall be constructed in accordance with Sec. 8.2.6. Pedestrian Network and located within an easement or common area. Example connections provided in the following image:

All commercial and industrial developments (or commercial areas within a mixed-use development) that install streets that will be dedicated to the City and that have on-street parking shall meet the standards within this Section.

On-street parking shall be installed in accordance with the Standard Construction Specifications and Details for the City of Fishers.

1. Striping. Where the City deems it necessary, on-street parking installed in commercial or industrial areas shall be striped to indicate each parking space. Stripes shall be perpendicular to the curb, at least seven (7) feet long, and spaced at least 24 feet apart. No parking spaces shall be placed within 30 feet of an intersection, or greater if indicated by a policy of the Director of Engineering.
2. No Parking Signs. If parking is only allowed on one side, then the other side of the street shall have a sign at least every 150 feet noting that parking is not permitted.
3. In Residential Areas.
   1. Location: On-street guest parking spaces shall be located in close proximity to the front doors of the dwellings they serve.
   2. Design: On-street guest parking spaces shall be designed as: i). Parallel parking on an internal street of appropriate width, as designated in the Transportation Plan; or ii). Vertical spaces that back onto internal drives, as designated in the Transportation Plan.
   3. Pedestrian Access: On-street guest parking spaces shall have continuous access to the front doors of the units they serve via a minimum five-foot (5’) wide concrete sidewalk.
   4. Single-family Attached: Single-family attached dwellings that provide pedestrian access from the dwellings’ driveways to the front doors do not have to meet the on-street guest parking requirement.
   5. Multi-family: Multi-family developments that provide pedestrian access from a standard parking lot to the front doors do not have to meet the on-street guest parking requirement.

The City may require that bump-outs be installed in residential developments that utilize a curvilinear street pattern at intersections on streets classified as collectors in the Transportation Plan, or as traffic-calming devices on local streets that are 1,000 feet or greater in length. This provision shall apply to all internal public or private streets. Bump outs shall comply with the following:

1. Bump-out Configuration.
   1. Projection from Curb Line: The bump-out shall be designed to extend seven (7) feet from the curb line.
   2. Curb: The bump-out shall use a straight curb to define its edge to provide a better barrier to protect pedestrians and to calm traffic approaching the intersection.
   3. Use of Bump-outs: A bump-out shall be used on each side of the road that has on-street parking.

The developer shall install, or cause to be installed, street lights at all intersections, development entrances, and along internal streets as required by the provisions of this Section. TAC may require street lights at other locations if, in its discretion, it determines additional street lights are necessary to provide vehicular or pedestrian safety.

The developer shall propose a lighting design that provides the minimum amount of light necessary for vehicular and pedestrian safety at all intersections within the development, consistent with the City’s Construction Standards (see also Sec. 7.1.4. Principles & Standards of Design) and the public utility providing such lighting. The Engineering Department may reduce the number of intersections required to have street lighting. Under no circumstances shall the major intersections (involving collectors or arterials) within the development be waived.

Unless street lights have been provided at the lesser of either mid-block or every 15 lots, a dusk-to-dawn light that operates on a photo cell shall be installed on each home site. This lighting shall be provided by the builder and maintained by the owner in perpetuity. Residences with an established front yard greater than 25 feet deep shall install a yard light; residences with an established front yard depth of 25 feet or less may install a carriage light on the street elevation of the building in lieu of the yard light. Yard lights shall not exceed seven (7) feet in height. Carriage lights shall be mounted no higher than eight (8) feet above ground level.

If the City has established a street light standard along the street on which the entrance is located, the developer shall install the same lighting standard. If there is no established street light standard along the corridor, the developer shall propose a lighting design that provides the minimum amount of light necessary for vehicular and pedestrian safety. Luminaires shall be shielded to prevent glare on residential properties.

In accordance with Sec. 8.4.7. Conservation Development, street lights are not required between intersection, however, a dusk-to-dawn light that operates on a photo cell shall be installed on each home site. See Sec. 8.3.4C. Lighting Between Intersections for additional standards.

The developer shall propose a unique name for each street within the development at the time of initial application.

While street names proposed by developer shall generally be considered favorably, the approval of street names is hereby delegated to the Engineering Department. Existing street names and numbers that have been approved by the City shall not be changed without the approval of the City.

The Engineering Department shall have the authority to require a new name to be chosen for any street. If an acceptable name is not proposed by the developer, the Engineering Department shall rename the street prior to final approval.

Within the jurisdiction of this ordinance the following standards shall apply:

1. Streets which are extensions or continuations of, or obviously in alignment with, any existing streets, either constructed or appearing on any validly recorded plat or survey, or valid plat previously approved by the Commission, shall bear the names of such existing streets.
2. The root street name (e.g. Maple) shall not duplicate or be phonetically like any existing street name.
3. Deviations in suffix names (e.g. Street, Court, or Avenue) shall 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 close geographic proximity shall be authorized to use the same root name if deemed not to be confusing or unsafe by the Plan Commission.
5. Street address numbers for all lots shall be assigned by the Engineering Department.

The City requires that each street within a residential development have the minimum number of signs necessary to (i) provide a safe environment for drivers and pedestrians, and (ii) provide an information system so visitor can efficiently find a certain street, address, or development amenity.

Street signs shall comply with the current edition of the Indiana Manual on Uniform Traffic Control Devices and the City’s Construction Standards (see Sec. 7.1.4. Principles & Standards of Design). Street names signs shall be lighted or reflectorized.

1. Public Safety Related Street Signs. The developer shall be required to install the public safety related street signs prior to any street being opened to public. These signs shall be installed in the location and to the height determined by the Engineering Director.
2. Street Name Signs. The developer shall install a minimum of one (1) street name sign at each street intersection within the subdivision and on all perimeter intersections. At least one (1) sign shall be set on the most conspicuous corner of the intersections, at a point approximately six (6) inches from the sidewalk intersection (on the street side). Where a development has elected to use decorative street signs that do not meet the City’s street sign standards, the owners’ association shall be responsible for replacing such signs with signs of the same design when the signs installed by the developer are lost or damaged.

Alleys shall be used sparingly within the residential areas of subdivisions with a modern design (i.e. open space and optional conservation residential development). All sites and uses served by alleys shall also have lot frontage on a public right-of-way.

In order to address the various development scenarios in which an alley might be utilized, the maximum number of dwelling units a given alley may serve shall be determined by the Engineering Director in consultation with the members of TAC.

Alleys shall be privately owned and maintained and shall be centered within an easement a minimum of 22 feet wide.

Alley pavement widths shall be consistent with the Transportation Plan.

Intersections of alley and public street centerlines shall not exceed 20° from perpendicular.

The minimum alley easement corner radius at an alley intersection with a public street shall be six (6) feet.

All alleys are to be constructed per the City’s Construction Standards (see Sec. 7.1.4. Principles & Standards of Design).

1. Requirement: All development is required to have perimeter landscaping, open space, conservation, detention, retention, and/or drainage ways. All development that electively has amenities in the development or on private streets shall designate those areas as common area on the Primary Plat, Improvement Location Permit or within the Planned Unit Development District Ordinance.
2. Ownership. Where a common area is designated in a PUD, a plat or a Development Plan, an owner’s association shall be formed and shall be required to provide necessary maintenance to said common areas.
3. Site Features that Do Not Qualify as Open Space. The following features shall not count toward the minimum open space requirement, unless they are preserved as conservation areas (see Sec. 8.4.7B. Conservation Development).
   1. Floodway: The floodway of any stream, regulated drain, river or other water body;
   2. 100-year Floodplain: The 100-year floodplain of any stream, regulated drain, river or other water body;
   3. Steep Slopes: Any area with slopes exceeding a 25% grade;
   4. Wetlands: Any wetlands on the development site.

1. Fences and Walls. A fence or wall that was installed as a part of the original development shall be maintained (e.g. finish, materials, location, and size). New fences or walls installed in common areas shall be of uniform design throughout the common area and shall be substantially like fences or walls established elsewhere within the development.
2. Landscaping.
   1. Street Trees: One (1) canopy tree per 40’ of common area shall be required. Street trees shall not be planted in the planting strip, and shall be planted 10 feet from the sidewalk.
   2. Replacement: Any plant materials that were installed within a common area shall not be removed unless diseased or dead. If landscaping is removed, an equivalent type of replacement plant shall be installed. Additionally, a minimum of 2/3 of the diameter at breast height (DBH) of the removed landscaping shall be installed, whether as one plant or multiple plants.
   3. Additional Landscaping: Additional landscaping may be added to common areas if it is outside an easement that prevents that activity.

The purpose and intent of this Section is to provide inventive-based development to:

1. Prevent the unnecessary cutting, removal or killing of trees in wooded areas;
2. Prevent the unnecessary cutting, removal or killing of specimen trees; and
3. Promote and maintain a high level of community aesthetics through the conservation and planting of trees.
4. Protect critical habitats which contain rare, threatened or endangered species, wooded 100-year floodplains, wooded wetlands and wooded slopes, wooded or partially wooded stream corridors with drainage areas greater than 50 acres, and riparian areas.

1. The parent tract must have a natural amenity covering at least 20% of the parent tract; and the most significant natural amenities on site must be preserved; or
2. If a natural amenity does not exist, then a woodlot must be created as per Sec. 8.4.6. Open Space.
3. Tree Conservation Areas shall be protected within Common Areas and are not allowed to be placed on private Lot home-sites.

Conservation development offers smaller lot sizes with reduced setbacks in exchange for preserving existing trees, wooded areas, and creating larger common open space. Developers that choose to use the conservation development option must set aside 40% of the total project area as common open space. Requirements for the open space standards are provided in Sec. 8.4.6. Open Space. The incentives for conservation development are:

1. Reduce Lot width by 20%
2. Reduce setbacks all by 5 feet

The preservation of an existing healthy tree shall constitute an in-kind credit toward meeting the landscape requirements in this UDO. The healthy tree shall be measured per arborist standard of measurement (Diameter at Breast Height (DBH)) in this preservation area. A credit shall be given per tree that contributes to and satisfies similarly the intent of Sec. 8.4.5. Perimeter Landscaping of the UDO. The following credits shall be granted for an existing tree as follows:

1. For each preserved deciduous tree over four (4) inches but less than eight (8) inches DBH a credit for three (3) deciduous trees shall be granted.
2. For each preserved deciduous tree of at least eight (8) inches but less than 12 inches DBH a credit for four (4) deciduous trees shall be granted.
3. For each preserved deciduous tree of at least 12 inches DBH a credit for five (5) deciduous trees shall be granted. The Director may grant larger credits for trees over 12 inches DBH upon request.
4. Each preserved evergreen tree of at least six (6) feet tall but less than 10 feet tall shall be granted credit for two (2) evergreen trees.
5. Each preserved evergreen tree of at least 10 feet tall shall be granted credit for three (3) evergreen trees. The Director may grant larger credits for evergreen trees over 10 feet tall upon request.

If preserving the natural landscape is chosen, prior to construction on or removal of trees from a wooded area, the following standards apply:

1. Tree Conservation Plan: Provide a Tree Conservation Plan outlining strategies for retaining, protecting and replanting trees on a site. The Indiana Department of Natural Resources can provide guidance. Prepare a Tree Conservation Map that outlines existing tree cover, priority protection areas, proposed grading, utility installation, and proposed protective devices.
2. Designated Conservation Areas: Within designated conservation areas, no trees with a DBH more than six (6) inches or evergreens eight (8) feet or more in height shall be removed from any lot unless trees are:
   1. Within the building site pad;
   2. Within 15 feet of the perimeter of the primary structure or accessory structures;
   3. Between the front of the primary structure and the interior roadway of the subdivision;
   4. Required to be removed to comply with safety requirements of any governmental agency; and/or
   5. Required to be removed to install utility infrastructure.
3. Trees removed from designated conservation areas to facilitate the installation of utilities shall be replaced in a quantity consistent with the trees removed. For example, if a six-inch (6”) caliper tree is removed, the developer shall replace such tree by installing three (3), two-inch (2”) caliper trees or two (2), three-inch (3”) caliper trees to total the caliper of the trees removed. If the utility installation prevents the trees from being replaced within the conservation area, the Tree Conservation Plan shall include the area in which the replacement trees are to be planted.
4. Tree Conservation Areas: Tree conservation areas shall be a minimum of 35 feet wide and minimum contiguous area of 10,000 square feet. Tree conservation areas shall be protected within Common Area. The Director may approve smaller areas that are determined to be of significant value.
5. Violation of the Tree Conservation Plan. Once the Tree Conservation Plan has been established, any person who violates the Tree Conservation Plan and improperly removes trees shall be required to reestablish such trees consistent with the trees removed. For example, if a six-inch (6”) caliper tree is removed, the builder may reestablish such tree by installing either two (2) six-inch (6”) caliper trees or three (3), three-inch (3”) caliper trees to replace the caliper of the trees removed. Under no circumstance will a tree less than three-inches (3”) in caliper be permitted as a replacement tree.

Prior to construction around a conservation area, the following standards apply:

1. Install highly visible construction fencing (e.g. orange barrier fencing) at least three (3) feet outside the dripline of the trees being conserved.
2. Avoid injuring roots when installing anchoring posts for fencing.
3. Signs should be posted clearly identifying the plant protection zone.
4. If a portion greater than 30% of the area within the drip line is unavoidably impacted, developer shall install a root aeration system, tree well, retaining wall or raised boardwalk as appropriate permanent protection.

Prior to construction in a riparian area:

1. The applicant shall work with the Department regarding conservation of riparian areas on site.
2. Establish or enhance forest buffers of at least 50 feet wide adjacent to intermittent and perennial streams.
3. Newly planted trees and shrubs shall be species native to central Indiana.
4. Trees sizes may be a minimum of one-inch (1”) caliper unless otherwise approved by the Director.
5. For optimal survival and unless irrigated with an automatic system, planting should occur in the spring or autumn.
6. Coordinate with Hamilton County if the riparian area is near or along a legal regulated drain. 

If a property does not have any environmental features or existing wooded area, a created woodlot that complies with the purpose of this Section can utilize the incentives by establishing a created woodlot protected in a Common Area based on the following:

1. A created woodlot shall replicate a quality Indiana forest using indigenous trees.
2. Created woodlots shall include a minimum of:
   1. 1/3 minimum two-inch (2”) caliper trees; and
   2. 1/3 minimum three-inch (3”) caliper trees.
3. Created woodlots shall be at least one (1) contiguous acre in area.
4. Created woodlots shall be at least one-quarter (¼) hardwood trees. The use of evergreen trees is limited to a maximum of 15% of the total number of trees planted.
5. Ornamental or dwarf trees shall not be utilized.
6. Created woodlots have at least six (6) caliper inches per 400 square feet.
7. A licensed landscape architect or a licensed arborist shall prepare the Planting Plan and determine the indigenous species to be planted.
8. Irrigation shall be provided if prescribed and as prescribed by the landscape architect or arborist recommendation.
9. A three (3) year maintenance agreement shall be drafted with an independent arborist to ensure the health of the trees.

No changes shall be made in the contour of the land, nor shall grading, or excavating begin until an Erosion and Sedimentation Control Plan has been reviewed and approved by the Department, and erosion control measures have been established. Any development over one (1) acre shall be reviewed by Indiana Department of Environmental Management (IDEM). A copy of submittal for approval shall be held in the office of Department.

Whenever sedimentation is caused by stripping of vegetation, regrading, or other development activities, it shall be the responsibility of the developer to remove it from all adjoining surfaces, drainage systems, and watercourses, and to repair any damage at the developer’s expense.

Off-site fill material shall be free of environmentally hazardous materials. The developer shall ensure to the City’s satisfaction that fill material hauled from an off-site location is free of environmental contaminants. The source of fill material shall be identified prior to application for a Grading Permit, Improvement Location Permit, or Subdivision Improvement Permit. If directed by the City, the developer shall have testing performed on representative samples of the fill material to determine if environmentally hazardous materials are present in the fill.

1. Organic Material: Detrimental amounts of organic material shall not be permitted in fills.
2. Irreducible Material: No rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills unless included and approved as part of a Grading Permit, Improvement Location Permit, or Subdivision Improvement Permit.
3. Compaction: All fills shall be compacted per the Construction Standards (see Sec. 7.1.4. Principles & Standards of Design).

If the City determines that any existing excavation or embankment or fill has become a hazard to life or limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the City, shall within the period specified therein repair or eliminate such excavation or embankment or fill to eliminate the hazard.

If any “no disturb” areas are driven over, altered, disturbed or damaged in any way, the developer or property owner shall be subject to CHAPTER 11. ENFORCEMENT & PENALTIES of this UDO.

1. All subdivision and development proposals shall be consistent with the need to minimize flood damage.
2. All subdivision and development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
3. All subdivision and development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
4. Base flood elevation data shall be provided for subdivision and development proposals and other proposed development (including manufactured home parks and subdivisions), which are greater than the lesser of 50 lots or five (5) acres.
5. All subdivision proposals shall minimize development in the SFHA and/or limit density of development permitted in the SFHA.
6. All subdivision proposals shall ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).
7. Platting. The petitioner shall delineate the 100-year flood elevation on all Secondary Plats containing lands identified to be within a SFHA prior to submitting the Secondary Plat for approval.
8. Evacuation Plan. All owners of manufactured home parks or subdivisions located within the Special Flood Hazard Area (SFHA) identified as Zone “A” on the FIRM maps shall develop an evacuation plan for those lots located in the SFHA and have the evacuation plan filed with and approved by the appropriate community emergency management authorities.

All proposed subdivisions, Planned Unit Developments and Development Plans submitted to the Department for approval, under the provisions of this UDO, shall provide for the collection and management of all storm and surface water drainage.

1. City: See Ordinance No. 081505: Stormwater Management Ordinance, as amended, for additional storm water requirements within the City’s corporate limits.
2. County: Contact the County Surveyor’s office for additional storm water requirements outside the City’s corporate limits.

The purpose of this Section is to protect the safety, health, and general welfare of the citizens of the City by requiring compliance with accepted standards and practices for storm water drainage. This section does not create any liability on the part of the City, the Commission, or any elected or appointed official or employee thereof, for any damages that result from reliance on this Section or any alterations required to conform to the engineering requirements established hereunder or any administrative decisions lawfully made thereunder. Any land alteration must be accomplished in conformity with the drainage requirements.

A drainage facility shall be provided to allow drainage of water runoff from all the upstream drainage area and from all areas within the proposed subdivision to a place adequate to receive such runoff. Furthermore, a drainage facility shall be:

1. Designed and constructed in accordance with the City’s Construction Standards (see Sec. 7.1.4. Principles & Standards of Design).
2. Durable, easily maintained, sedimentation, and erosion retardant. It shall not endanger the public health and safety, or cause significant damage.
3. Sufficient to accept the water runoff from the site after development and the present water runoff from all areas upstream. Also, consideration shall be given to water runoff from future developments in undeveloped areas upstream which cannot reasonably be accommodated in the upstream area. The types of consideration should include, but need not be limited to, retention-detention systems, over-sizing with 15-year law cost recovery, and granting of adequate easements for future construction. The type of future development shall be in accordance with the uses indicated in the Comprehensive Plan or the use allowed by current zoning, whichever reflects the most intense use. The volume of water runoff attributable to future development which is not to be accommodated in the proposed drainage facilities, shall be determined by good engineering practice, and may assume use of retention-detention systems, except:
   1. Parcels that are too small to effectively use a retention-detention system, and
   2. Parcels where it is not technically and/or economically justifiable to use a retention-detention system.
4. Designed such that there will be no increase in the peak discharge runoff rate because of the proposed development unless the existing or improved downstream drainage facilities are adequate to accept:
   1. The water runoff from the site after development;
   2. The present water runoff from developed and undeveloped areas upstream; and
   3. The present water runoff of downstream areas contributory to the downstream drainage facility beyond the limits of the site.
5. Designed such that the low points of entry for residential, commercial and industrial structures are two (2) feet above and free from a 100-year flood. In addition, avenues of ingress-egress shall also be free from the 100-year flood.
6. Inspected during construction by a professional engineer or land surveyor registered in the State at the expense of the developer and certified in accordance with this ordinance. This is in addition to the inspection provided by the City.

It is the responsibility of the developer to restore any stream, watercourse, swale, flood plain, or floodway that is disturbed during the period of development, and to return these areas to their original or equal condition upon completion.

The developer shall not block, impede the flow of, alter, construct any structure, deposit any material or object, or commit any act which will affect normal or flood flow in any ditch, stream or watercourse without having obtained prior approval from the Engineering Director, Hamilton County Drainage Board, Indiana Department of Natural Resources, Indiana Department of Environmental Management, and/or Army Corps of Engineers, whichever entity has jurisdiction.