Jasper County Unincorporated
City Zoning Code
City Zoning Code
20.70 Subdivision
Design Standards
20.70.010 Purpose of subdivision design standards.
A. Intent. It is the purpose of this chapter, design standards, to establish and define the design standards that shall be required by Jasper County for any subdivision of land, development plan approval, and planned development. [Ord. 12-02-24 § 75; Ord. 12-27-11 § 7.01.]
20.70.020 Using this chapter.
The following pages contain the design standards for developments which will result in new buildable lots, public infrastructure (e.g., water or sewer), public or private streets, multiple primary structures, common area, or easements. These developments typically are processed as subdivisions, planned developments, or development plans.
There are two (2) ways to determine which design standards apply to a specific type of petition. They are:
A. Using Sections in Chapter 20.60. Refer to the sections in Chapter 20.60 JCC, Subdivision Types, for a specific subdivision type. Applicable design standards for that specific subdivision type are identified by four-digit codes in the “Additional Design Standards That Apply.” Only the four-digit codes noted in the “Additional Design Standards That Apply” section apply to that subdivision type.
B. Using Icons. Refer to the project icons used at the top of each design standards section in this chapter. Each design standard section begins with a four-digit code and introductory sentence followed by square icons that stand for subdivision or project type. These project icons note that the design standards written in that section applies to that type of petition. [Ord. 12-27-11 § 7.02.]
20.70.030 Icon key.
SS Simple Subdivision
ST Standard Subdivision
CS Conservation Subdivision
CM Commercial Subdivision
IP Industrial Park Subdivision
Subject | Section Number |
|---|---|
Design Standards Overview | |
Access Standards (AC) | |
Dedication of Public Improvement Standards (DD) | |
Development Name Standards (DN) | |
Easement Standards (EA) | |
Entryway Feature Standards (EF) | |
Erosion Control Standards (EC) | |
Floodplain Standards (FL) | |
Lot Establishment Standards (LE) | |
Monument and Marker Standards (MM) | |
Open Space Standards (OP) | |
Owners Association (OA) | |
Perimeter Landscaping Standards (PL) | |
Prerequisite Standards (PQ) | |
Storm Water Standards (SM) | |
Street and Right-of-Way Standards (SR) | |
Street Lighting Standards (SL) | |
Street Name Standards (SN) | |
Street Sign Standards (SS) | |
Surety Standards (SY) | |
Utility Standards (UT) |
[Ord. 12-27-11 § 7.03.]
20.70.040 AC-01 – Access standards – Residential developments.
This access street standards (AC) section applies to the following types of development:
SS ST CS
A. Cross Reference. See the Jasper County thoroughfare plan for items relating to access standards.
B. Driveway Access onto a Perimeter Street.
1. Driveway Access onto a Collector or Arterial Street. Any lot adjacent to a perimeter street classified as a collector or an arterial street shall not have driveway access onto the perimeter street. These lots shall gain access from an internal street.
2. Driveway Access onto a Local Street. Any lot adjacent to a perimeter street classified as a local street shall not have driveway access onto the perimeter street unless the lot width and lot frontage are 500 feet or greater, and the building setback is 200 feet or greater according to the recorded plat. If these standards cannot be met, the lot shall gain access from an internal street.
C. Maximum Driveway Access onto a Perimeter Street. When driveway access is allowed, only one (1) driveway access is permitted onto a perimeter street.
D. Internal Street Connection to a Perimeter Street.
1. Maximum Number.
a. Developments with ten (10) lots or less shall be limited to one (1) internal street connection to a perimeter street.
b. Developments with ten (10) to ninety-nine (99) lots shall be limited to two (2) internal street connections to a perimeter street.
c. Developments with 100 to 399 lots shall be required to have at least two (2) internal street connections to a perimeter street, but shall not exceed three (3) total connections.
d. Developments with 400 or more lots shall be required to have at least three (3) internal street connections to a perimeter street, but shall not exceed four (4) total connections.
2. Safe Location. All internal street connections to a perimeter street shall be at a safe location where the following requirements are met.
a. The vertical alignment (i.e., hills) or horizontal alignment (i.e., curves) of the perimeter street shall not prevent clear view of the internal street’s connection for:
i. 450 feet if the perimeter street is an arterial.
ii. 300 feet if the perimeter street is a collector.
iii. 150 feet if the perimeter street is a local street.
b. Vegetation or other physical condition shall not prevent clear view of the internal street’s connection for:
i. 450 feet if the perimeter street is an arterial.
ii. 300 feet if the perimeter street is a collector.
iii. 150 feet if the perimeter street is a local street.
c. The distance between the internal street’s connection with the perimeter street to any other street that intersects with the same perimeter street shall not be:
i. Less than 600 feet if the perimeter street is an arterial street.
ii. Less than 400 feet if the perimeter street is classified as a collector street.
iii. Less than 200 feet if the perimeter street is classified as a local street.
3. Driveway Access to a Gravel Perimeter Street. Major residential subdivisions shall not be permitted to have access to an existing gravel perimeter street. [Ord. 12-02-24 § 76; Ord. 12-27-11 § 7.04.]
20.70.050 AC-02 – Access standards – Nonresidential developments.
This access street standards (AC) section applies to the following types of development:
CM IP
A. Driveway Access onto a Perimeter Street.
1. Driveway Access onto an Arterial Street. Any lot adjacent to a perimeter street classified as an arterial street shall not have driveway access onto the perimeter street unless the lot width and lot frontage are wide enough to maintain at least thirty-five (35) feet of separation from the side yard and at least seventy-five (75) feet of separation from any intersecting right-of-way. If these standards cannot be met, the lot shall gain access from an internal street.
2. Driveway Access onto a Collector Street. Any lot adjacent to a perimeter street classified as a collector street shall not have driveway access onto the perimeter street unless the lot width and lot frontage are wide enough to maintain at least twenty-five (25) feet of separation from the side yard and at least sixty (60) feet of separation from any intersecting right-of-way. If these standards cannot be met, the lot shall gain access from an internal street.
3. Driveway Access onto a Local Street. Any lot adjacent to a perimeter street classified as a local street shall not have driveway access onto the perimeter street unless the lot width and lot frontage are wide enough to maintain at least fifteen (15) feet of separation from the side yard and at least forty-five (45) feet of separation from any intersecting right-of-way. If these standards cannot be met, the lot shall gain access from an internal street.
B. Maximum Driveway Access onto a Perimeter Street. When driveway access is allowed, only one (1) driveway access is permitted onto a perimeter street per qualifying frontage.
C. Internal Street Connection to a Perimeter Street.
1. Maximum Number.
a. Developments with twenty (20) lots or less shall be limited to two (2) internal street connections to a perimeter street.
b. Developments with more than twenty (20) lots shall be required to have at least two (2) internal street connections to a perimeter street, but shall not exceed three (3) total connections.
2. Safe Location. All internal street connections to a perimeter street shall be at a safe location where the following requirements are met.
a. The vertical alignment (i.e., hills) or horizontal alignment (i.e., curves) of the perimeter street shall not prevent clear view of the internal street’s connection for:
i. 450 feet if the perimeter street is an arterial.
ii. 300 feet if the perimeter street is a collector.
iii. 150 feet if the perimeter street is a local street.
b. Vegetation or other physical condition shall not prevent clear view of the internal street’s connection for:
i. 450 feet if the perimeter street is an arterial.
ii. 300 feet if the perimeter street is a collector.
iii. 150 feet if the perimeter street is a local street.
c. The distance between the internal street’s connection to the perimeter street to any other street that intersects with the same perimeter street shall not be:
i. Less than 600 feet if the perimeter street is an arterial street.
ii. Less than 400 feet if the perimeter street is classified as a collector or local street. [Ord. 12-27-11 § 7.05.]
20.70.060 DD-01 – Dedication of public improvement standards.
This dedication of public improvement standards (DD) section applies to the following types of development:
ST CS CM IP
A. Cross Reference. See JCC 20.70.250, SY-01 – Surety standards, for standards relating to public improvements.
B. Dedication of Right-of-Way. All right-of-way on an approved final plat shall be considered dedicated upon its approval. Improvements within the right-of-way shall be subject to the surety standards in JCC 20.70.250 SY-01 – Surety standards.
C. Dedication of Streets. The intent of the County is to take ownership of all improvements within the right-of-way if the following criterion is met:
1. Construction Standards. All improvements have been constructed as per the County’s engineering and construction standards.
D. Dedication of Other Facilities. Other infrastructure or facilities may, at the election of the County Commissioners, be dedicated to the County. These facilities may include parks, open space, retention ponds, drainage facilities, utilities, street lighting, or other facilities that the County may have interest in. If dedicated and accepted, the operation and maintenance costs shall be transferred to the County. A three (3)-year maintenance surety for any improvement may be required by the County at the time of dedication. [Ord. 12-27-11 § 7.06.]
20.70.070 DN-01 – Development name standards.
This development name standards (DN) section applies to the following types of development:
SS ST CS CM IP
A. Proposed Development Name. The petitioner shall propose a unique name for the development to the Plan Commission.
B. Approval Authority. While development names proposed by petitioners shall be considered, the approval of development names is hereby delegated to the Plan Commission. Existing development names and development names that have been approved by the Plan Commission shall not be changed without the approval of the Plan Commission.
C. Authority to Rename a Proposed Development. The Plan Commission shall have authority to require a new unique name for the development if the name proposed by the petitioner is found to be too similar to that of another development. If an acceptable and unique development name is not proposed by the petitioner, the Plan Commission shall rename the development prior to final approval.
D. Development Name Criteria. Within the jurisdiction of the Plan Commission, the following standards shall apply:
1. Root Name. The proposed root name of the development shall not duplicate, or closely approximate phonetically, the name of any other development.
2. Suffix Name. Deviations in suffix names (e.g., Place, Woods, Glen, or Creek) shall not constitute a unique name and shall be prohibited except as described as follows (for example, if Sutton Woods exists as a development name, the name Sutton Creek shall not be permitted).
3. Large Developments. Unique subareas 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. [Ord. 12-27-11 § 7.07.]
20.70.080 EA-01 – Easement standards.
This easement standards (EA) section applies to the following types of development:
SS ST CS CM IP
A. Easements.
1. Drainage and Utility Easements. All proposed developments submitted for Plan Commission approval under the provisions of this chapter shall allocate areas of suitable size and location, wherever necessary, for drainage and/or utility easements. All easements and corresponding utility location plans shall be complete and approved prior to the final approval of any plat.
2. Surface and Subsurface Drainage. All development-serving drainage “infrastructure” including surface (e.g., drainage swales and creeks) and subsurface drainage (e.g., tile) shall be located in a drainage easement. The easement shall follow the centerline of the drainage facility. The width for a drainage facility that is or will be a regulated drain shall be determined by the Jasper County Drainage Board. All other drainage facilities shall have a minimum easement width of twenty (20) feet (ten (10) feet per side from the centerline) or minimum of two (2) feet beyond the top of bank, whichever results in a larger easement. The easement shall allow access by an owners association, County Surveyor, and County Drainage Board for the purpose of widening, deepening, sloping, improving, maintaining, replacing tile, or protecting said drainage swale or subsurface tile.
B. Other Easements.
1. Easement Instrument Specifications. Where an easement is required by this Unified Development Code but the standards for the easement type are not specified, or an easement is required per a commitment or condition of approval, the property owner of record (“grantor”) shall execute the easement instrument in favor of the appropriate grantee. Said instrument shall:
a. Specify the docket numbers of the petitions with which the easement is associated.
b. Specify those activities the grantee is authorized to perform in the easement.
c. Specify those activities the grantor is prohibited from performing in the easement.
d. Be binding on all heirs, successors, and assigns to the property on which the easement is located.
e. Be enforceable by the grantee and the County.
f. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement.
g. Provide for modification in the manner stipulated in the Unified Development Code.
h. Be cross-referenced to the most recently recorded deed to the property on which the easement is to be established.
i. Include a plat with a description of the easement. If a plat is not available, a metes and bounds survey should be submitted.
j. Be signed by an authorized representative of the property owner of record granting the easement and by an authorized representative of the grantee accepting the easement.
2. Easement Certificate.
a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing an easement certificate, the content of which has been approved by the Zoning Administrator, on the plan.
b. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants.
C. Cross-Access Easements.
1. Easement Instrument Specifications. When required by this Unified Development Code, each property owner of record (“grantor”) shall execute a cross-access easement instrument in favor of the adjoining property owner (“grantee”). Said instrument shall:
a. Specify the docket numbers of the petitions and/or the project numbers of the permits with which the easement is associated.
b. Grant the public the right to utilize the easement for purposes of accessing adjoining parking lots.
c. Prohibit any person from parking vehicles within the easement.
d. Prohibit the property owners or any other person from placing any obstruction within the easement.
e. Be binding on all heirs, successors, and assigns to the properties on which the easement is located.
f. Be enforceable by each party to the easement and by the County.
g. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement.
h. Provide for modification or termination in the manner stipulated in the Unified Development Code.
i. Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.
j. Include a metes and bounds description of the easement.
k. Be signed by a duly authorized representative of each property owner of record granting the easement and by duly authorized representatives of each property owner accepting the easement.
2. Cross-Access Easement Certificate.
a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing the following cross-access easement certificate on the plan:
There are shown on this instrument areas that are designated as ‘Cross-access Easement’ or abbreviated as ‘C-A.E.’ Such easements are hereby established in favor of the adjoining property owner (‘grantee’), and grant the public the right to enter the easement for purposes of accessing adjoining parking lots. These easements prohibit any person from parking vehicles within the easement, and prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the County may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Unified Development Code, or its successor ordinance.
b. The dedication and acceptance of easements shown on a recordable instrument shall be accomplished via a certificate of dedication signed by the property owner of record, and a certificate of acceptance signed by the grantee or its agent.
c. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the cross-access easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants.
D. Private Street Easements.
1. Easement Instrument Specifications. When required by this Unified Development Code, the property owner of record (“grantor”) shall execute a private street easement instrument in favor of the owner of the lot (“grantee”) to which the private street provides access. Said instrument shall:
a. Specify the docket numbers of the petitions and/or the project numbers of the permits with which the easement is associated.
b. Grant the grantee the right to access the easement for purposes of accessing their lot.
c. Specify the grantee’s financial responsibilities with respect to the alteration, repair, maintenance, and removal of the improvements.
d. Prohibit the grantee or any other person from placing any obstruction within the easement.
e. Require that the private street be built to the standards of the County.
f. Be binding on all heirs, successors, and assigns to the property on which the easement is located.
g. Be enforceable by the grantee and the County.
h. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement.
i. Provide for modification or termination in the manner stipulated in the Unified Development Code.
j. Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.
k. Include a metes and bounds description of the easement.
l. Be signed by a duly authorized representative of each property owner of record granting the easement and by duly authorized representatives of each property owner accepting the easement.
2. Private Street Easement Certificate.
a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing the following private street easement certificate on the plan:
There are shown on this instrument areas that are designated as ‘Private Street Easement’ or abbreviated as ‘P.S.E.’ Such easements are hereby established in favor of the adjoining property owners (‘grantee’), and grant the grantee the right to enter the easement for purposes of accessing their lot. These easements prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the County may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Unified Development Code, or its successor ordinance.
b. The dedication and acceptance of easements shown on a recordable instrument shall be accomplished via a certificate of dedication signed by the property owner of record, and a certificate of acceptance signed by the grantee or its agent.
c. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the private street easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants.
E. Temporary Turn-Around Easements.
1. Easement Instrument Specifications. When a temporary turn-around is required by this Unified Development Code, the property owner of record (“grantor”) shall execute a temporary turn-around easement instrument in favor of the general public through the County Commissioners (“grantee”). Said instrument shall:
a. Specify the docket numbers of the petitions and/or the project numbers of the permits with which the temporary turn-around easement is associated;
b. Grant the general public the right to access the easement for purposes of maneuvering vehicles;
c. Grant the County the right to alter, repair, maintain, or remove the improvements;
d. Prohibit any person from parking vehicles within the easement;
e. Prohibit the property owner or any other person from placing any obstruction within the easement;
f. Be binding on all heirs, successors, and assigns to the property on which the temporary turn-around easement is located;
g. Be enforceable by the County Commissioners, the Plan Commission, the Planning Department, and the County Attorney;
h. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the temporary turn-around easement;
i. Provide for modification or termination in the manner stipulated in the Unified Development Code;
j. Provide for automatic termination upon the County’s acceptance of the reciprocal stub street;
k. Be cross-referenced to the most recently recorded deed to the property on which the temporary turn-around easement is to be established.
l. Include a metes and bounds description of the temporary turn-around easement.
m. Be signed by a duly authorized representative of the property owner of record granting the temporary turn-around easement and by duly authorized representatives of the County Commissioners accepting the easement.
2. Temporary Turnaround Easement Certificate.
a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing the following temporary turn-around easement certificate on the plan:
There are shown on this instrument areas that are designated as ‘Temporary Turnaround Easement’ or abbreviated as ‘T.T.E.’ Such easements are hereby established in favor of the general public (‘grantee’), and grant the grantee the right to enter the easement for purposes of maneuvering vehicles. The easement also grants the County the right to alter, repair, maintain, or remove the improvements. The easement prohibits any person from parking vehicles within the easement and prohibits the property owner or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the County may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Unified Development Code, or its successor ordinance.
b. The dedication and acceptance of easements shown on a recordable instrument shall be accomplished via a certificate of dedication signed by the property owner of record, and a certificate of acceptance signed by the grantee or its agent.
c. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the subdivision sign easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants. [Ord. 12-27-11 § 7.08.]
20.70.090 EF-01 – Entryway feature standards.
This entryway feature standards (EF) section applies to the following types of development:
SS ST CS CM IP
A. General. Where entryway features are established, they shall be attractive, eye-catching, and constructed of durable materials. Entryway features shall be designed, installed, and maintained to be safe and healthful environments. Entryway features shall not be located within the right-of-way.
B. Cross Reference. Signs associated with entryway features are subject to additional standards pursuant to JCC 20.50.720 through 20.50.810 , sign standards.
C. Site Plan. A site plan shall be submitted for consideration and approval for entryway features in all subdivisions, multiple-family developments and planned developments. This includes all signs that will be utilized on the site, including but not limited to project identification, project directory, individual occupancy (identification or advertisement).
D. Project Identification. The number and size of signs shall depend on the number of entrances and scale of the street from which the entrance is located.
1. Main Entryway Feature.
a. One (1) large entryway feature is permitted per development.
b. If the development has more than 100 dwelling units or the parent tract is greater than eighty (80) acres, and the development has primary entrances off of two (2) different arterial or collector streets, it shall be permitted to have two (2) large entryway features.
c. No single identification sign incorporated into a large entryway feature shall exceed forty (40) square feet.
2. Secondary Entryway Feature.
a. One (1) small entryway feature is permitted for every secondary entrance.
b. This entryway feature shall be significantly smaller in scale than the large entryway feature.
c. No single identification sign incorporated into a small entryway feature shall exceed twenty (20) square feet.
E. Landscaping. Landscaping shall enhance the entryway feature. [Ord. 12-27-11 § 7.09.]
20.70.100 EC-01 – Erosion control standards.
This erosion control standards (EC) section applies to the following types of development:
SS ST CS CM IP
A. General. 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 Zoning Administrator. Any development over one (1) acre of land shall be required to submit an erosion and sediment control plan, obtain a Rule 5 Permit from the local Soil and Water Conservation Office, and shall be reviewed by the Indiana Department of Environmental Management. A copy of the submittal for approval shall be held in the office of the Zoning Administrator.
B. Off-Site Sedimentation. Whenever sedimentation is caused by stripping of vegetation, regrading, or other development activities, it shall be the responsibility of the petitioner to remove it from all adjoining surfaces, drainage systems, and watercourses, and to repair any damage at the petitioner’s expense.
C. Off-Site Fill. Off-site fill material shall be free of environmentally hazardous materials. The petitioner shall ensure to the County’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 an improvement location permit. If directed by the County, the petitioner shall have testing performed on representative samples of the fill material to determine if environmentally hazardous materials are present in the fill.
D. Other 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 twelve (12) inches shall be buried or placed in fills unless included and approved as part of an improvement location permit.
3. Compaction. All fills shall be compacted per Jasper County’s construction and engineering standards.
E. Health, Safety and Welfare. If the County 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 County, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard.
F. Disturbance of Protected Areas. If any “no disturb” areas are driven over, altered, disturbed, or damaged in any way, the petitioner or property owner shall be subject to Chapter 20.100 JCC, Enforcement.
1. Project Applicability. While the following standards apply to all development projects, those that involve the disturbance of one (1) acre or more of land shall be required to submit an erosion and sediment control plan and obtain a Rule 5 permit from the local soil and water conservation office. [Ord. 12-27-11 § 7.10.]
20.70.110 FL-01 – Floodplain standards – Provisions for flood hazard reduction.
20.70.120 LE-01 – Lot establishment standards – Residential.
This lot establishment standards (LE) section applies to the following types of development:
SS ST CS
A. General. The shape, location, and orientation of all lots within a development shall be appropriate for the uses proposed and be in accordance with the zoning districts, except as allowed by Chapter 20.60 JCC, Subdivision Types.
B. Standards. Every lot shall meet the following standards.
1. Street Frontage. Residential lots shall be laid out to only have frontage on interior streets, including frontage streets. All residential lots shall have frontage on a public street built to the County street standards or an existing street which was built according to the standards in place at that time.
2. Side Lot Lines. Residential lots shall have side lot lines that are as close to right angles as possible, but shall be within fifteen degrees (15°) of a right angle to the street and right-of-way.
3. Corner Lots. Residential corner lots smaller than 20,000 square feet shall be twenty-five percent (25%) larger than the minimum lot area indicated for the zoning district. This shall include lots at the corner of a development entrance and an exterior public street.
4. Through Lots. Residential lots shall not be designed to be through lots, unless the lot does not establish access to the second frontage.
5. Special Lots. Residential lots abutting a watercourse, drainage way, channel, or stream shall be twenty-five percent (25%) larger than the minimum lot area indicated for the zoning district. This space shall be allocated on the side of the property that abuts the water feature as a “no-disturb” zone.
6. Property Line Corners.
a. At intersections of streets, property line corners shall be rounded by arcs of at least fifteen (15) feet in radius.
b. At intersections of streets the property line corners shall be rounded by arcs of at least twenty-five (25) feet in radius.
7. Lot Number Signs. Upon secondary plat approval, the applicant shall install lot number signs, clearly visible from the road, on each lot. [Ord. 12-27-11 § 7.12.]
20.70.130 LE-02 – Lot establishment standards – Commercial and industrial.
This lot establishment standards (LE) section applies to the following types of development:
CM IP
A. General. The shape, location, and orientation of all lots within a development shall be appropriate for the uses proposed and be in accordance with the zoning districts, except as allowed by Chapter 20.60 JCC, Subdivision Types.
B. Standards. Every lot shall meet the following standards.
1. Interior Street Frontage. Commercial lots shall be laid out to only have frontage on interior streets or access streets. Individual lots shall only be laid out to have direct access on public streets if expressly permitted to do so by the Zoning Administrator.
2. Side Lot Lines. Commercial lots shall have side lot lines that are as close to right angles as possible, but shall be within fifteen degrees (15°) of a right angle to the street and right-of-way. Said side lot lines shall extend in a straight line from the street right-of-way for at least twenty percent (20%) of the property’s depth.
3. Corner Lots. Commercial corner lots shall be twenty-five percent (25%) larger than the minimum lot area indicated for the zoning district. If there is a maximum lot area, that maximum shall also be increased by twenty-five percent (25%).
4. Special Lots. Commercial lots abutting a watercourse, drainage way, channel, or stream shall be twenty-five percent (25%) larger than the minimum lot area indicated for the zoning district. This space shall be allocated on the side of the property that abuts the water feature as a “no-disturb” zone.
5. Cohesive Design. Commercial and industrial developments (e.g., shopping centers, commercial areas, and office parks) shall be designed holistically as a single project no matter how many lots are generated. All areas of the parent tract shall be shown as it is intended to be laid out and used.
6. Sensitivity to Context. Commercial and industrial developments shall be laid out to be sensitive to neighboring developments (if built), or neighboring zoning districts if undeveloped.
7. Property Line Corners.
a. At intersections of streets, property line corners shall be rounded by arcs of at least fifteen (15) feet in radius.
b. At intersections of streets the property line corners shall be rounded by arcs of at least twenty-five (25) feet in radius. [Ord. 12-27-11 § 7.13.]
20.70.140 MM-01 – Monument and marker standards.
This monument and marker standards (MM) section applies to the following types of development:
SS ST CS CM IP
A. Installation of Monuments and Markers. All monument and marker improvements shall be installed per 865 IAC 1-12-18.
B. Corner Pins. A surveyor shall certify by affidavit that all corner pins are in place for each lot after final grading. [Ord. 12-27-11 § 7.14.]
20.70.150 OP-01 – Open space standards.
This open space standards (OP) section applies to the following types of development:
SS ST CS CM IP
A. Applicability. The following standards only apply to subdivisions with all resulting lots less than one (1) acre in lot area.
B. Minimum Open Space. The minimum open space required for each development shall be as indicated in the sections for each type of subdivision in Chapter 20.60 JCC, Subdivision Types.
C. Qualifying Areas. The following features count toward the minimum open space requirements as described:
1. Conservation Areas. Any required preservation/conservation area shall count one hundred percent (100%) toward open space requirements.
2. Manmade Water Features. Any manmade water feature (including retention facilities) over one-quarter (1/4) acre in area shall count fifty percent (50%) toward the minimum open space requirements. However, it shall count one hundred percent (100%) toward minimum open space if it supports aquatic life and provides native habitat as follows:
a. Surface Area. A surface area at normal pool elevation of at least 32,670 square feet (¾ acre); and
b. Perimeter Access.
i. Width. A buffer area around the full circumference of the water feature of at least fifty (50) feet from the top of bank shall be available as open space.
ii. Plantings. This open space shall be planted and maintained as wildlife habitat. This includes use of native (no more than twenty percent (20%) lawn grass) species including prairie grasses and/or tree planting.
iii. Minimum Depth. The pool depth shall be at least fifteen (15) feet under at least ten percent (10%) of the overall pool area.
iv. A fountain or other means to mitigate algae growth shall be utilized.
3. Dry Detention Facilities. Manmade storm water detention facilities (dry) shall count seventy-five percent (75%) toward open space if they meet the following standards:
a. Area. The facility shall have at least 10,890 square feet of flat bottom (¼ acre).
b. Depth. The manmade depth of the detention facility shall not exceed four (4) feet from top of bank.
c. Slope. Manmade slopes within the detention facility shall not exceed a 4:1 ratio.
d. Perimeter Access.
i. Width. A buffer area around the full circumference of the facility of at least twenty-five (25) feet from the top of bank shall be available as open space.
ii. Plantings. This open space (facility and buffer area) shall be planted and maintained as usable area. This includes use of prairie grasses, native species, native ground cover, or lawn grass. Tree planting shall not be within the basin area or on the slopes of the bank.
4. Floodplain. The floodplain area of any natural stream, regulated drain, or natural river shall count toward the open space requirements.
5. Required Perimeter Landscaping. Fifty percent (50%) of the perimeter landscaping areas required in JCC 20.70.170 PL-01 – Perimeter landscaping standards, shall count towards the required open space.
6. Other. Other common areas set aside to meet open space requirements. [Ord. 12-27-11 § 7.15.]
20.70.160 OA-01 – Owner association standards.
This owner association standards (OA) section applies to the following types of development:
ST CS CM IP
A. Applicability. The following regulations apply to any development with common area, private streets, shared parking, amenity centers, shared or private utilities, community retention pond, and the like.
B. Legal Mechanism for Long-Term Maintenance.
1. Perpetuity. An owners association shall be created in perpetuity in order to make decisions about and to maintain all common property or facilities. The owners association established in a residential subdivision (ST or CS) shall be a homeowners’ association established pursuant to IC 35-25.5 et seq.
2. Organization Options. An owners association may be a legally incorporated entity or other legal mechanism which provides shared ownership or shared responsibility in common property or facilities. A board of directors or other means for representation in decision making shall be established.
3. Recording of Legal Mechanism. The legal mechanism binding all property owners or vested parties shall be recorded with the County Recorder as being assigned to each applicable property.
4. Declaration of Covenants. Covenants may be utilized to further restrict improvements and uses in the development. If a developer or property owner places restrictions on any land contained within a subdivision that are more restrictive than those required by this title, such restrictions shall be indicated or referenced on the secondary plat. Covenants shall be reviewed by the Administrator or their designee prior to approval of the secondary plat to ensure they do not conflict with this title. The declaration of covenants shall be recorded in the office of the County Recorder following final approval of the development and prior to selling a lot, parcel or condominium unit. A cross reference to the recorded declaration of covenants instrument shall be recorded on the deed for every lot, parcel, condominium unit, or other applicable division of ownership within the development.
5. Commitments or Conditions of Approval. Any covenant language that resulted as a developer commitment or condition of approval by the County shall be included in the covenants or other legal document, and shall be clearly denoted as nonamendable by the owners association.
6. Association Fee. An association fee or other financial mechanism shall be included in the legal mechanism and be equal to the financial needs of the owners association to maintain common property or facilities, and to accumulate a reserve account for long-term large expenditures, emergencies, and contingencies.
C. Contractual Obligation. The developer shall not enter into any contractual relationship on behalf of the owners association prior to transitioning control to local lot or unit owners that exceeds a period of one (1) year. Once the owners association is under the lot or unit owners’ control, the renewal of such a contract shall be at the discretion of the owners association.
D. Required Language. The following language is required in the legal mechanism when applicable:
1. Street Lighting. When street lighting is voluntarily installed or required to be installed, the County shall not now or in the future be obligated to accept the lights as public property, nor shall the County bear any financial responsibility for operation or maintenance.
2. Snow Removal. When private streets are installed, the County shall not now or in the future be obligated to provide snow removal service on streets within the development. If snow removal is desired, the owners association shall use its own resources to maintain streets free from snow.
3. Private Streets. When private streets are voluntarily installed or required to be installed, the County shall not now or in the future be obligated to accept the private streets as public property, nor shall the County bear any financial responsibility for maintenance or replacement.
4. Private Sidewalks. When sidewalks are voluntarily installed or required to be installed outside of a right-of-way, the County shall not now or in the future be obligated to accept the sidewalks as public property, nor shall the County bear any financial responsibility for maintenance or replacement.
5. Landscaping. When landscaping is voluntarily installed or required to be installed in common area, easements, or right-of-way, the owners association shall be responsible for maintaining the plant material in healthy condition, removing dead or diseased vegetation, and/or replacing landscaping, as necessary.
6. Vegetation in Right-of-Way. Once right-of-way is platted, the County gains ownership of the area within the right-of-way and retains the right to reasonably trim or remove any tree or shrub impeding vehicular or pedestrian flow, or that is diseased, or that is necessary in order to perform public improvements within the right-of-way, regardless if the owners association is assigned financial, maintenance, or replacement responsibility.
E. Enforcement. Restrictive covenants will not be enforced by the PC or the Administrator and must be enforced by the owners association (or the subject property owners) through the civil courts. Failure of the owners association to maintain an effective legal mechanism for maintaining common property or facilities shall be subject to Chapter 20.100 JCC, Enforcement. [Ord. 12-02-24 § 77; Ord. 12-27-11 § 7.16.]
20.70.170 PL-01 – Perimeter landscaping standards.
This perimeter landscaping standards (PL) section applies to the following types of development:
ST CS CM IP
A. Applicability. The following standards only apply to subdivisions with all resulting lots less than one (1) acre in lot area. This section also only applies to portions of a development that abuts an interstate highway, arterial street, or collector street.
B. General.
1. Plan. A landscape plan showing perimeter landscaping shall be presented to the Plan Commission for approval as part of the project submittal. The landscape plan shall be prepared by a landscape architect or landscape contractor.
2. Ownership. Perimeter landscaping areas shall retain private ownership whether that be a single land owner or a homeowners association.
C. Exemption. Any subdivision required to install perimeter landscaping shall be partially exempt from any required buffer yard standard in JCC 20.50.520 LA-06 – Buffer yard landscaping standards. Specifically, any lot required to install a buffer yard shall only be required to install one-half (½) the required buffer.
D. Standards.
1. Minimum Depth. Twenty-five (25) feet.
2. Minimum Length. The perimeter landscape area shall extend the entire length of the frontage.
3. Plant Materials. Trees shall be provided at a combined rate of ten (10) per 100 lineal feet of perimeter planting. The required trees shall be a minimum of sixty percent (60%) canopy trees and minimum of twenty-five percent (25%) ornamental or under-story trees. The trees shall be planted in a natural manner, in clusters or irregular, nonlinear patterns.
4. Fencing or Mounding. Where used, fencing or mounding as described as follows may be integrated with the required trees and shrubs.
a. Perimeter Fences. A high quality perimeter fence similar to the development’s character may be combined with the required plant materials. Said fence shall be constructed of masonry, stone, wood, or metal; and be at least thirty-six (36) inches in height, but not over seventy-two (72) inches in height.
b. Mounds. Mounds may be combined with the required plant material and may include fencing. If used, mounds shall be a minimum of three (3) feet in height. Maximum side slope shall not exceed a three to one (3:1) ratio. Continuous mounds shall not be permitted (i.e., levee-like mounds).
c. Exemption. If a tree row or similar natural barrier exists, then perimeter landscaping shall not be required in those areas. However, if existing vegetation is utilized as perimeter landscaping, then a landscape easement to protect the vegetation in perpetuity shall be shown on plat and recorded. [Ord. 12-27-11 § 7.17.]
20.70.180 PQ-01 – Prerequisite standards.
This prerequisite standards (PQ) section applies to the following types of development:
SS ST CS CM IP
A. General. All developments shall meet the prerequisites as indicated in the sections for each type of subdivision in Chapter 20.60 JCC, Subdivision Types.
B. Types of Prerequisites. To qualify for a type of subdivision the following prerequisites apply:
1. Prerequisite Base Zoning. The prerequisite base zoning shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types.
2. Minimum Parent Tract. The minimum parent tract area shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types.
C. Unlisted Types of Prerequisites. If any the above listed prerequisite standards do not appear for a particular type of subdivision in Chapter 20.60 JCC, Subdivision Types, then it does not apply to that particular subdivision type. [Ord. 12-27-11 § 7.18.]
20.70.190 SM-01 – Storm water standards.
This storm water standards (SM) section applies to the following types of development:
SS ST CS CM IP
A. General. All proposed subdivisions submitted to the Plan Commission for approval shall provide for the collection and management of storm and surface water drainage.
B. Cross Reference. See Jasper County storm water management ordinance, Chapter 16.10 JCC, as amended, for additional storm water requirements within the County.
C. Drainage Facility Requirements. A drainage facility shall be provided to allow drainage of water runoff from all of the upstream drainage area and from all areas within the proposed subdivision or development to a place adequate to receive such runoff.
1. Standards. Drainage facilities shall:
a. Have at-grade inlets and sub-grade mains, not utilizing drainage swales for movement of water; and
b. Be designed and constructed in accordance with the Jasper County construction and engineering standards; and
c. Be durable, easily maintained, retard sedimentation, and retard erosion; and
d. Shall not endanger the public health and safety, or cause significant damage to property; and
e. Be sufficient to accept the water runoff from the site after development and the present water runoff from all areas upstream; and
f. Be 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.
2. Inspection. Be inspected during construction by a professional engineer or land surveyor registered in the State at the expense of the petitioner and certified in accordance with this code. This is in addition to the inspection provided by the County.
D. Restoration of Drainage. It is the responsibility of the petitioner to restore any stream, watercourse, swale, floodplain, or floodway that is disturbed during the period of development, to return these areas to their original or equal condition upon completion.
E. Obstruction of Drainage. The petitioner 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 Jasper County Drainage Board, Indiana Department of Natural Resources, Indiana Department of Environmental Management, and/or Army Corps of Engineers, whichever entity has jurisdiction.
F. Administrative Waiver. The County Surveyor and Zoning Administrator may grant relief from subsection (C)(1)(a) of this section when the soil type, design, and construction technique clearly allows drainage swales to maintain their profile and function for a duration of at least twenty (20) years without regular maintenance. [Ord. 12-27-11 § 7.19.]
20.70.200 SR-01 – Street and right-of-way standards.
This street and right-of-way standards (SR) section applies to the following types of development:
SS ST CS CM IP
A. General. All developments shall allocate adequate areas for new streets in conformity with the Jasper County construction and engineering standards, the Unified Development Code, the Jasper County Comprehensive Plan, and the Jasper County thoroughfare plan.
B. Private Streets.
1. Cross Reference. See JCC 20.70.080, EA-01 – Easement standards, for additional information.
2. Standards. Private streets are permitted, but shall conform to all construction and right-of-way standards within the Unified Development Code and the Jasper County construction and engineering standards.
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. Required Language. 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, 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.
5. Usage. When the term right-of-way is used in this section, it shall also apply to private street easements.
C. Street Design Principles.
1. General Street Layout. Streets laid out on the parent tract shall meet all of the following standards:
a. Shall create conditions favorable to health, safety, convenience, and the harmonious development of the community;
b. Shall be in an orderly and logical manner;
c. Shall give consideration to connectivity to adjacent parcels;
d. Shall give consideration to pedestrian and vehicular safety; and
e. Shall provide reasonably direct access to the primary circulation system.
2. Regard to Contour of the Land. Streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.
3. Gated Entrances. Gated development entrances shall have apparatus installed such that emergency vehicles (e.g., fire trucks, police cars, and ambulances) 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 County to easily turn into the development.
4. Boulevard Entrances. Developments may have a boulevard entrance, but such entrance shall extend at least fifty (50) feet from the perimeter street’s right-of-way. The width of the center planting strip shall be at least ten (10) feet. Maintenance of the center planting strip shall be the responsibility of one (1) or more adjacent property owners, or an owners association.
5. Intersections.
a. All intersections of two (2) streets shall be as close to right angles as possible, but shall be within fifteen degrees (15°) of right angles to each other as measured at the street center lines.
b. Intersections of more than two (2) streets at one (1) point shall not be permitted.
c. 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.
6. Pavement Width.
a. The minimum street pavement width shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types; or as indicated in Chapter 20.40 JCC, Planned Development (PD) District, for planned developments.
b. If not indicated, the Zoning Administrator shall utilize the Jasper County thoroughfare plan to determine the appropriate pavement width for each development. Street width shall be determined by measuring from edge of pavement to edge of pavement.
7. Curb Type. Rolled or vertical curbs are permitted.
8. Block Length. The maximum block length shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types; or as indicated in Chapter 20.40 JCC, Planned Development (PD) District, for planned developments. If not indicated, the Zoning Administrator shall determine the appropriate maximum length.
9. Cul-de-sac Length. The maximum cul-de-sac length shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types; or as indicated in Chapter 20.40 JCC, Planned Development (PD) District, for planned developments. If not indicated, cul-de-sacs are not permitted in that type of development.
10. Cul-de-sac Terminus. A cul-de-sac shall have a minimum outside radius of fifty (50) feet and be designed in accordance with the Jasper County construction and engineering standards.
11. Dead-End Streets. Permanent dead-end streets shall be prohibited. Dead-end streets do not include cul-de-sacs or stub streets.
12. Eyebrows. Eyebrow street designs shall be permitted but shall be placed in common area or easement and outside of the public rights-of-way.
13. Passing Blisters, Acceleration Lanes, and Deceleration Lanes. Passing blisters, acceleration lanes, and deceleration lanes shall be constructed in accordance with the Indiana Department of Transportation standards.
14. Right-of-Way Width. The minimum right-of-way width shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types; or as indicated in Chapter 20.40 JCC, Planned Development (PD) District, for planned developments. If not indicated, the Zoning Administrator shall utilize the Jasper County thoroughfare plan to determine the appropriate width for each development.
D. Dedication of Right-of-Way. In developments that adjoin or include existing streets that do not conform to the minimum right-of-way dimensions established in the Jasper County thoroughfare plan, the petitioner shall dedicate additional width along either one or both sides of such streets sufficient to meet the requirements of the Jasper County thoroughfare plan. If the petitioner only controls the property on one side of the street, sufficient right-of-way shall be dedicated to bring the half right-of-way up to the dimensions required in the Jasper County thoroughfare plan.
1. Passing Blister. Where a passing blister is required and inadequate right-of-way exists to install the passing blister, the petitioner shall make a good faith effort to acquire property sufficient for the installation of the passing blister. If the owner of the property on which the passing blister is to be installed refuses to sell the property to the petitioner, the petitioner shall provide the Planning Department copies of all surveys, appraisals, written offers made by the petitioner to the property owner, and correspondence from the property owner.
2. Acceleration and Deceleration Lanes. Where an acceleration lane and/or deceleration lane is required and the petitioner does not control street frontage adequate to install the lane, the petitioner shall make a good faith effort to acquire property sufficient for the installation of the acceleration lane and/or deceleration lane. If the owner of the property on which the acceleration lane and/or a deceleration lane is to be installed refuses to sell the property to the petitioner, the petitioner shall provide the Planning Department copies of all: surveys; appraisals; written offers made by the petitioner to the property owner; and correspondence from the property owner.
3. Eminent Domain. Where the installation of passing blisters, acceleration lanes, and deceleration lanes is vital to the health, safety, and welfare of the motoring public, the County may begin eminent domain proceedings in accordance with IC 32-24, Eminent Domain, for the acquisition of public right-of-way sufficient for the installation of the passing blister, acceleration lane, and/or deceleration lane upon receipt of the aforementioned documentation illustrating the petitioner’s failure to acquire the needed property. Upon completion of the eminent domain proceedings, the petitioner shall reimburse the County in an amount equal to the price paid by the County for the public right-of-way, anything that had to be condemned within the acquired right-of-way, and anything for which the County paid the price of relocation.
4. Installation of Improvements. The petitioner shall then install the passing blister, acceleration lane, and/or deceleration lane per the Indiana Department of Transportation standards.
E. Construction and Installation Standards for Streets. All street improvements, private or public, are to be designed, constructed and installed per the Jasper County construction and engineering standards. [Ord. 12-27-11 § 7.20.]
20.70.210 SL-01 – Street lighting standards – Residential development.
This street lighting standards (SL) section applies to the following types of development:
ST CS
A. General.
1. Street Lights at Entrances. The petitioner shall install, or cause to be installed, street lights at all intersections with perimeter streets (i.e., entrances).
2. Ownership. All street lighting fixtures shall retain private ownership by the petitioner and/or applicable owners association. The County shall not be responsible for any operation or maintenance costs associated with street lighting.
B. Shielding. Street lights shall be shielded to prevent glare to drivers, and to prevent light trespass onto neighboring properties. [Ord. 12-27-11 § 7.21.]
20.70.220 SL-02 – Street lighting standards – Commercial and industrial development.
This street lighting standards (SL) section applies to the following type of development:
CM IP
A. General.
1. Installation. The petitioner shall install, or cause to be installed, street lights at all major intersections, development entrances, and along internal streets as required by the provisions of this section.
2. Ownership. All street lighting fixtures shall retain private ownership by the property owner and/or applicable property owners association. The County shall not be responsible for any operation or maintenance costs associated with street lighting.
B. Street Lights at Intersections.
1. Design. The petitioner 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 Jasper County construction and design standards.
2. Height. Fixtures installed shall not exceed twenty-five (25) feet in height.
C. Street Lights at Entrances.
1. Existing Standard. If a street light standard exists along the street on which the entrance is located, the petitioner shall install the same lighting standard.
2. No Standard. If there is no established street light standard along the corridor, the petitioner shall propose a lighting design that provides the minimum amount of light necessary for vehicular and pedestrian safety.
D. Shielding. Luminaires shall be shielded to prevent glare on residential properties. [Ord. 12-27-11 § 7.22.]
20.70.230 SN-01 – Street name standards.
This street name standards (SN) section applies to the following types of development:
SS ST CS CM IP
A. Proposed Street Name. The petitioner shall propose a unique name for each street within the development at the time of initial application.
B. Emergency 911 Review. The Zoning Administrator will conduct a review of the proposed street name in consideration of Emergency 911 standards. If the street name passes the review, it is approved administratively. If the street name fails the review, the petitioner shall propose a different name for that street and another Emergency 911 review will be conducted on that street name. The Plan Commission has final authority to name a street and will make that determination if an appropriate street name cannot be selected by the petitioner.
C. Approval Authority. While street names proposed by petitioners shall generally be considered favorably, the approval of street names is the authority of the Plan Commission. Existing street names and street names that have been approved by the Plan Commission shall not be changed without the approval of the Plan Commission.
D. Authority to Rename a Proposed Street. The Plan Commission shall have the authority to require a new name to be chosen for any proposed street name. If an acceptable name is not proposed by the petitioner, the Plan Commission shall rename the street prior to final approval.
E. Street Name Standards. Within the jurisdiction of the Plan Commission the following standards shall apply:
1. Street Extensions. 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 Plan Commission, shall bear the names of such existing streets.
2. Root Name. The proposed root name shall not duplicate or closely approximate phonetically, the name of an existing street.
3. Suffix Name. Deviations in suffix names (e.g., Street, Court, Avenue, or Lane) shall not constitute a unique name and shall be prohibited except as described as follows (for example, if Elm Avenue exists as a street name, the name Elm Lane shall not be permitted).
4. Large Developments. 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. Address Numbers. Street address numbers for all lots shall be assigned by the Zoning Administrator. [Ord. 12-27-11 § 7.23.]
20.70.240 SS-01 – Street sign standards.
This street sign standards (SS) section applies to the following types of development:
SS ST CS CM IP
A. General. Each street within a residential, commercial, or industrial development shall have signs necessary to:
1. Safety. Provide a safe environment for drivers and pedestrians.
2. Information. Provide information so that a visitor can efficiently find a certain street, address, or development amenity.
B. County’s Responsibilities. The County’s policies and the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways (current version adopted by the Indiana Department of Transportation) shall be used to determine the type, size, height, and location of each of these signs. Each sign’s location and height shall be communicated to the petitioner at the time they are received by the petitioner.
C. Special Sign Design. Decorative or otherwise unique street signs may be proposed by the applicant. The Zoning Administrator and County Highway Department shall meet jointly to approve or deny the proposal.
D. Petitioner’s Responsibilities.
1. Public Safety Related Street Signs. Public safety related street signs shall be installed prior to any street being opened to the public. These signs shall be installed in the location and to the height determined by the County Highway Department and INDOT.
2. Street Name Signs. A minimum of one (1) street name sign shall be installed at each street intersection within the subdivision, as they are constructed and opened, and on all perimeter intersections.
3. Cost. The petitioner is responsible for purchasing all street signs in consultation with the County Highway Department.
4. Installation. The County Highway Department is responsible for installing all street signs.
5. Temporary Signs During Construction. Temporary signs for street names and addresses shall be required for public safety reasons prior to issuance of building permits within the subdivision.
E. Internal Way-Finding/Directional Signs.
1. Prerequisites. The development shall have an amenity that necessitates a way-finding or directional sign.
2. Maximum Number of Signs. The minimum number of signs necessary to locate the amenity shall be allowed to provide directional assistance for drivers to find any single development amenity. If deemed unnecessary by the Plan Commission due to the conspicuousness of the development amenity, no way-finding or directional sign shall be permitted.
3. Maximum Sign Area. Three (3) square feet.
4. Location.
a. Within the Right-of-Way. With the consent of the County Highway Department, stand-alone way-finding or directional signs may be located within the right-of-way, but not within the vision clearance triangle (see JCC 20.50.910, VC-01 – Vision clearance standards). However, the maintenance of stand-alone way-finding or directional signs shall not be the responsibility of the County Highway Department.
b. Outside the Right-of-Way. Way-finding or directional signs shall not be located within a vision clearance triangle (see JCC 20.50.910, VC-01 – Vision clearance standards.)
5. Maximum Height. Any way-finding or directional sign shall not exceed five (5) feet in height above ground level. [Ord. 12-27-11 § 7.24.]
20.70.250 SY-01 – Surety standards.
This surety standards (SY) section applies to the following types of development:
SS ST CS CM IP
A. Construction/Performance Surety.
1. Cross Reference. See JCC 20.70.060, DD-01 – Dedication of public improvement standards.
2. General.
a. The Plan Commission shall require a bond or irrevocable letter of credit to cover the cost and installation of the proposed public improvements. Said performance surety shall be posted after the plat is recorded and before construction of the proposed public improvements commences on site.
b. All petitioners shall provide a performance surety to the County for any street, sidewalk, path, utility, drainage facility, or any other facility that is intended to be dedicated to the County. All such facilities on site, any off-site improvements committed to by the petitioner, and any off-site improvements required as a condition of approval shall be covered by the performance surety.
3. Requirements. The bond or letter of credit shall:
a. Be in an amount of one hundred ten percent (110%) of the estimated construction cost to complete the improvements and installations in compliance with the Unified Development Code and the Jasper County construction and engineering standards;
b. Run to and be in favor of the County;
c. Generally specify the time for the completion of the improvements and installations (both on site and off site); and
d. Be on a form approved by the County Commissioners.
4. Duration of Surety. All performance sureties shall be effective from the time the secondary plat is recorded until the final construction is approved by the County. The performance surety shall not be released until the Zoning Administrator has certified the improvements have been inspected during construction and after completion, and that they have been installed in accordance with the intent of the approved construction plans and specifications.
5. Alternative Surety.
a. At the election of the County Commissioners, a dedicated account in a form acceptable to the State Board of Accounts which may be established to hold and accumulate funds paid pursuant to the provisions of this section and which shall not thereafter be appropriated for any use unless it is associated with the completion of infrastructure improvements which had been approved by the County and which had not been completed after having been initiated for any reason whatsoever.
b. A developer may request that a payment in lieu of a bond or letter of credit be made to the County as a surety of completion or maintenance. The payment shall be no less than one and one-tenth percent (1.1%) of the estimated construction cost for the improvement or installation and is nonrefundable.
c. Nothing in this section shall in any way limit the ability of the County to give consideration to other alternative forms of insuring the proper completion of public improvement projects involving infrastructure which are to be dedicated to the County or for the benefit of the public. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 7.25.]
20.70.260 UT-01 – Utility standards – General.
20.70.010 Purpose of subdivision design standards.
A. Intent. It is the purpose of this chapter, design standards, to establish and define the design standards that shall be required by Jasper County for any subdivision of land, development plan approval, and planned development. [Ord. 12-02-24 § 75; Ord. 12-27-11 § 7.01.]
20.70.020 Using this chapter.
The following pages contain the design standards for developments which will result in new buildable lots, public infrastructure (e.g., water or sewer), public or private streets, multiple primary structures, common area, or easements. These developments typically are processed as subdivisions, planned developments, or development plans.
There are two (2) ways to determine which design standards apply to a specific type of petition. They are:
A. Using Sections in Chapter 20.60. Refer to the sections in Chapter 20.60 JCC, Subdivision Types, for a specific subdivision type. Applicable design standards for that specific subdivision type are identified by four-digit codes in the “Additional Design Standards That Apply.” Only the four-digit codes noted in the “Additional Design Standards That Apply” section apply to that subdivision type.
B. Using Icons. Refer to the project icons used at the top of each design standards section in this chapter. Each design standard section begins with a four-digit code and introductory sentence followed by square icons that stand for subdivision or project type. These project icons note that the design standards written in that section applies to that type of petition. [Ord. 12-27-11 § 7.02.]
20.70.030 Icon key.
SS Simple Subdivision
ST Standard Subdivision
CS Conservation Subdivision
CM Commercial Subdivision
IP Industrial Park Subdivision
Subject | Section Number |
|---|---|
Design Standards Overview | |
Access Standards (AC) | |
Dedication of Public Improvement Standards (DD) | |
Development Name Standards (DN) | |
Easement Standards (EA) | |
Entryway Feature Standards (EF) | |
Erosion Control Standards (EC) | |
Floodplain Standards (FL) | |
Lot Establishment Standards (LE) | |
Monument and Marker Standards (MM) | |
Open Space Standards (OP) | |
Owners Association (OA) | |
Perimeter Landscaping Standards (PL) | |
Prerequisite Standards (PQ) | |
Storm Water Standards (SM) | |
Street and Right-of-Way Standards (SR) | |
Street Lighting Standards (SL) | |
Street Name Standards (SN) | |
Street Sign Standards (SS) | |
Surety Standards (SY) | |
Utility Standards (UT) |
[Ord. 12-27-11 § 7.03.]
20.70.040 AC-01 – Access standards – Residential developments.
This access street standards (AC) section applies to the following types of development:
SS ST CS
A. Cross Reference. See the Jasper County thoroughfare plan for items relating to access standards.
B. Driveway Access onto a Perimeter Street.
1. Driveway Access onto a Collector or Arterial Street. Any lot adjacent to a perimeter street classified as a collector or an arterial street shall not have driveway access onto the perimeter street. These lots shall gain access from an internal street.
2. Driveway Access onto a Local Street. Any lot adjacent to a perimeter street classified as a local street shall not have driveway access onto the perimeter street unless the lot width and lot frontage are 500 feet or greater, and the building setback is 200 feet or greater according to the recorded plat. If these standards cannot be met, the lot shall gain access from an internal street.
C. Maximum Driveway Access onto a Perimeter Street. When driveway access is allowed, only one (1) driveway access is permitted onto a perimeter street.
D. Internal Street Connection to a Perimeter Street.
1. Maximum Number.
a. Developments with ten (10) lots or less shall be limited to one (1) internal street connection to a perimeter street.
b. Developments with ten (10) to ninety-nine (99) lots shall be limited to two (2) internal street connections to a perimeter street.
c. Developments with 100 to 399 lots shall be required to have at least two (2) internal street connections to a perimeter street, but shall not exceed three (3) total connections.
d. Developments with 400 or more lots shall be required to have at least three (3) internal street connections to a perimeter street, but shall not exceed four (4) total connections.
2. Safe Location. All internal street connections to a perimeter street shall be at a safe location where the following requirements are met.
a. The vertical alignment (i.e., hills) or horizontal alignment (i.e., curves) of the perimeter street shall not prevent clear view of the internal street’s connection for:
i. 450 feet if the perimeter street is an arterial.
ii. 300 feet if the perimeter street is a collector.
iii. 150 feet if the perimeter street is a local street.
b. Vegetation or other physical condition shall not prevent clear view of the internal street’s connection for:
i. 450 feet if the perimeter street is an arterial.
ii. 300 feet if the perimeter street is a collector.
iii. 150 feet if the perimeter street is a local street.
c. The distance between the internal street’s connection with the perimeter street to any other street that intersects with the same perimeter street shall not be:
i. Less than 600 feet if the perimeter street is an arterial street.
ii. Less than 400 feet if the perimeter street is classified as a collector street.
iii. Less than 200 feet if the perimeter street is classified as a local street.
3. Driveway Access to a Gravel Perimeter Street. Major residential subdivisions shall not be permitted to have access to an existing gravel perimeter street. [Ord. 12-02-24 § 76; Ord. 12-27-11 § 7.04.]
20.70.050 AC-02 – Access standards – Nonresidential developments.
This access street standards (AC) section applies to the following types of development:
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A. Driveway Access onto a Perimeter Street.
1. Driveway Access onto an Arterial Street. Any lot adjacent to a perimeter street classified as an arterial street shall not have driveway access onto the perimeter street unless the lot width and lot frontage are wide enough to maintain at least thirty-five (35) feet of separation from the side yard and at least seventy-five (75) feet of separation from any intersecting right-of-way. If these standards cannot be met, the lot shall gain access from an internal street.
2. Driveway Access onto a Collector Street. Any lot adjacent to a perimeter street classified as a collector street shall not have driveway access onto the perimeter street unless the lot width and lot frontage are wide enough to maintain at least twenty-five (25) feet of separation from the side yard and at least sixty (60) feet of separation from any intersecting right-of-way. If these standards cannot be met, the lot shall gain access from an internal street.
3. Driveway Access onto a Local Street. Any lot adjacent to a perimeter street classified as a local street shall not have driveway access onto the perimeter street unless the lot width and lot frontage are wide enough to maintain at least fifteen (15) feet of separation from the side yard and at least forty-five (45) feet of separation from any intersecting right-of-way. If these standards cannot be met, the lot shall gain access from an internal street.
B. Maximum Driveway Access onto a Perimeter Street. When driveway access is allowed, only one (1) driveway access is permitted onto a perimeter street per qualifying frontage.
C. Internal Street Connection to a Perimeter Street.
1. Maximum Number.
a. Developments with twenty (20) lots or less shall be limited to two (2) internal street connections to a perimeter street.
b. Developments with more than twenty (20) lots shall be required to have at least two (2) internal street connections to a perimeter street, but shall not exceed three (3) total connections.
2. Safe Location. All internal street connections to a perimeter street shall be at a safe location where the following requirements are met.
a. The vertical alignment (i.e., hills) or horizontal alignment (i.e., curves) of the perimeter street shall not prevent clear view of the internal street’s connection for:
i. 450 feet if the perimeter street is an arterial.
ii. 300 feet if the perimeter street is a collector.
iii. 150 feet if the perimeter street is a local street.
b. Vegetation or other physical condition shall not prevent clear view of the internal street’s connection for:
i. 450 feet if the perimeter street is an arterial.
ii. 300 feet if the perimeter street is a collector.
iii. 150 feet if the perimeter street is a local street.
c. The distance between the internal street’s connection to the perimeter street to any other street that intersects with the same perimeter street shall not be:
i. Less than 600 feet if the perimeter street is an arterial street.
ii. Less than 400 feet if the perimeter street is classified as a collector or local street. [Ord. 12-27-11 § 7.05.]
20.70.060 DD-01 – Dedication of public improvement standards.
This dedication of public improvement standards (DD) section applies to the following types of development:
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A. Cross Reference. See JCC 20.70.250, SY-01 – Surety standards, for standards relating to public improvements.
B. Dedication of Right-of-Way. All right-of-way on an approved final plat shall be considered dedicated upon its approval. Improvements within the right-of-way shall be subject to the surety standards in JCC 20.70.250 SY-01 – Surety standards.
C. Dedication of Streets. The intent of the County is to take ownership of all improvements within the right-of-way if the following criterion is met:
1. Construction Standards. All improvements have been constructed as per the County’s engineering and construction standards.
D. Dedication of Other Facilities. Other infrastructure or facilities may, at the election of the County Commissioners, be dedicated to the County. These facilities may include parks, open space, retention ponds, drainage facilities, utilities, street lighting, or other facilities that the County may have interest in. If dedicated and accepted, the operation and maintenance costs shall be transferred to the County. A three (3)-year maintenance surety for any improvement may be required by the County at the time of dedication. [Ord. 12-27-11 § 7.06.]
20.70.070 DN-01 – Development name standards.
This development name standards (DN) section applies to the following types of development:
SS ST CS CM IP
A. Proposed Development Name. The petitioner shall propose a unique name for the development to the Plan Commission.
B. Approval Authority. While development names proposed by petitioners shall be considered, the approval of development names is hereby delegated to the Plan Commission. Existing development names and development names that have been approved by the Plan Commission shall not be changed without the approval of the Plan Commission.
C. Authority to Rename a Proposed Development. The Plan Commission shall have authority to require a new unique name for the development if the name proposed by the petitioner is found to be too similar to that of another development. If an acceptable and unique development name is not proposed by the petitioner, the Plan Commission shall rename the development prior to final approval.
D. Development Name Criteria. Within the jurisdiction of the Plan Commission, the following standards shall apply:
1. Root Name. The proposed root name of the development shall not duplicate, or closely approximate phonetically, the name of any other development.
2. Suffix Name. Deviations in suffix names (e.g., Place, Woods, Glen, or Creek) shall not constitute a unique name and shall be prohibited except as described as follows (for example, if Sutton Woods exists as a development name, the name Sutton Creek shall not be permitted).
3. Large Developments. Unique subareas 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. [Ord. 12-27-11 § 7.07.]
20.70.080 EA-01 – Easement standards.
This easement standards (EA) section applies to the following types of development:
SS ST CS CM IP
A. Easements.
1. Drainage and Utility Easements. All proposed developments submitted for Plan Commission approval under the provisions of this chapter shall allocate areas of suitable size and location, wherever necessary, for drainage and/or utility easements. All easements and corresponding utility location plans shall be complete and approved prior to the final approval of any plat.
2. Surface and Subsurface Drainage. All development-serving drainage “infrastructure” including surface (e.g., drainage swales and creeks) and subsurface drainage (e.g., tile) shall be located in a drainage easement. The easement shall follow the centerline of the drainage facility. The width for a drainage facility that is or will be a regulated drain shall be determined by the Jasper County Drainage Board. All other drainage facilities shall have a minimum easement width of twenty (20) feet (ten (10) feet per side from the centerline) or minimum of two (2) feet beyond the top of bank, whichever results in a larger easement. The easement shall allow access by an owners association, County Surveyor, and County Drainage Board for the purpose of widening, deepening, sloping, improving, maintaining, replacing tile, or protecting said drainage swale or subsurface tile.
B. Other Easements.
1. Easement Instrument Specifications. Where an easement is required by this Unified Development Code but the standards for the easement type are not specified, or an easement is required per a commitment or condition of approval, the property owner of record (“grantor”) shall execute the easement instrument in favor of the appropriate grantee. Said instrument shall:
a. Specify the docket numbers of the petitions with which the easement is associated.
b. Specify those activities the grantee is authorized to perform in the easement.
c. Specify those activities the grantor is prohibited from performing in the easement.
d. Be binding on all heirs, successors, and assigns to the property on which the easement is located.
e. Be enforceable by the grantee and the County.
f. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement.
g. Provide for modification in the manner stipulated in the Unified Development Code.
h. Be cross-referenced to the most recently recorded deed to the property on which the easement is to be established.
i. Include a plat with a description of the easement. If a plat is not available, a metes and bounds survey should be submitted.
j. Be signed by an authorized representative of the property owner of record granting the easement and by an authorized representative of the grantee accepting the easement.
2. Easement Certificate.
a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing an easement certificate, the content of which has been approved by the Zoning Administrator, on the plan.
b. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants.
C. Cross-Access Easements.
1. Easement Instrument Specifications. When required by this Unified Development Code, each property owner of record (“grantor”) shall execute a cross-access easement instrument in favor of the adjoining property owner (“grantee”). Said instrument shall:
a. Specify the docket numbers of the petitions and/or the project numbers of the permits with which the easement is associated.
b. Grant the public the right to utilize the easement for purposes of accessing adjoining parking lots.
c. Prohibit any person from parking vehicles within the easement.
d. Prohibit the property owners or any other person from placing any obstruction within the easement.
e. Be binding on all heirs, successors, and assigns to the properties on which the easement is located.
f. Be enforceable by each party to the easement and by the County.
g. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement.
h. Provide for modification or termination in the manner stipulated in the Unified Development Code.
i. Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.
j. Include a metes and bounds description of the easement.
k. Be signed by a duly authorized representative of each property owner of record granting the easement and by duly authorized representatives of each property owner accepting the easement.
2. Cross-Access Easement Certificate.
a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing the following cross-access easement certificate on the plan:
There are shown on this instrument areas that are designated as ‘Cross-access Easement’ or abbreviated as ‘C-A.E.’ Such easements are hereby established in favor of the adjoining property owner (‘grantee’), and grant the public the right to enter the easement for purposes of accessing adjoining parking lots. These easements prohibit any person from parking vehicles within the easement, and prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the County may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Unified Development Code, or its successor ordinance.
b. The dedication and acceptance of easements shown on a recordable instrument shall be accomplished via a certificate of dedication signed by the property owner of record, and a certificate of acceptance signed by the grantee or its agent.
c. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the cross-access easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants.
D. Private Street Easements.
1. Easement Instrument Specifications. When required by this Unified Development Code, the property owner of record (“grantor”) shall execute a private street easement instrument in favor of the owner of the lot (“grantee”) to which the private street provides access. Said instrument shall:
a. Specify the docket numbers of the petitions and/or the project numbers of the permits with which the easement is associated.
b. Grant the grantee the right to access the easement for purposes of accessing their lot.
c. Specify the grantee’s financial responsibilities with respect to the alteration, repair, maintenance, and removal of the improvements.
d. Prohibit the grantee or any other person from placing any obstruction within the easement.
e. Require that the private street be built to the standards of the County.
f. Be binding on all heirs, successors, and assigns to the property on which the easement is located.
g. Be enforceable by the grantee and the County.
h. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement.
i. Provide for modification or termination in the manner stipulated in the Unified Development Code.
j. Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.
k. Include a metes and bounds description of the easement.
l. Be signed by a duly authorized representative of each property owner of record granting the easement and by duly authorized representatives of each property owner accepting the easement.
2. Private Street Easement Certificate.
a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing the following private street easement certificate on the plan:
There are shown on this instrument areas that are designated as ‘Private Street Easement’ or abbreviated as ‘P.S.E.’ Such easements are hereby established in favor of the adjoining property owners (‘grantee’), and grant the grantee the right to enter the easement for purposes of accessing their lot. These easements prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the County may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Unified Development Code, or its successor ordinance.
b. The dedication and acceptance of easements shown on a recordable instrument shall be accomplished via a certificate of dedication signed by the property owner of record, and a certificate of acceptance signed by the grantee or its agent.
c. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the private street easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants.
E. Temporary Turn-Around Easements.
1. Easement Instrument Specifications. When a temporary turn-around is required by this Unified Development Code, the property owner of record (“grantor”) shall execute a temporary turn-around easement instrument in favor of the general public through the County Commissioners (“grantee”). Said instrument shall:
a. Specify the docket numbers of the petitions and/or the project numbers of the permits with which the temporary turn-around easement is associated;
b. Grant the general public the right to access the easement for purposes of maneuvering vehicles;
c. Grant the County the right to alter, repair, maintain, or remove the improvements;
d. Prohibit any person from parking vehicles within the easement;
e. Prohibit the property owner or any other person from placing any obstruction within the easement;
f. Be binding on all heirs, successors, and assigns to the property on which the temporary turn-around easement is located;
g. Be enforceable by the County Commissioners, the Plan Commission, the Planning Department, and the County Attorney;
h. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the temporary turn-around easement;
i. Provide for modification or termination in the manner stipulated in the Unified Development Code;
j. Provide for automatic termination upon the County’s acceptance of the reciprocal stub street;
k. Be cross-referenced to the most recently recorded deed to the property on which the temporary turn-around easement is to be established.
l. Include a metes and bounds description of the temporary turn-around easement.
m. Be signed by a duly authorized representative of the property owner of record granting the temporary turn-around easement and by duly authorized representatives of the County Commissioners accepting the easement.
2. Temporary Turnaround Easement Certificate.
a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing the following temporary turn-around easement certificate on the plan:
There are shown on this instrument areas that are designated as ‘Temporary Turnaround Easement’ or abbreviated as ‘T.T.E.’ Such easements are hereby established in favor of the general public (‘grantee’), and grant the grantee the right to enter the easement for purposes of maneuvering vehicles. The easement also grants the County the right to alter, repair, maintain, or remove the improvements. The easement prohibits any person from parking vehicles within the easement and prohibits the property owner or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the County may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Unified Development Code, or its successor ordinance.
b. The dedication and acceptance of easements shown on a recordable instrument shall be accomplished via a certificate of dedication signed by the property owner of record, and a certificate of acceptance signed by the grantee or its agent.
c. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the subdivision sign easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants. [Ord. 12-27-11 § 7.08.]
20.70.090 EF-01 – Entryway feature standards.
This entryway feature standards (EF) section applies to the following types of development:
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A. General. Where entryway features are established, they shall be attractive, eye-catching, and constructed of durable materials. Entryway features shall be designed, installed, and maintained to be safe and healthful environments. Entryway features shall not be located within the right-of-way.
B. Cross Reference. Signs associated with entryway features are subject to additional standards pursuant to JCC 20.50.720 through 20.50.810 , sign standards.
C. Site Plan. A site plan shall be submitted for consideration and approval for entryway features in all subdivisions, multiple-family developments and planned developments. This includes all signs that will be utilized on the site, including but not limited to project identification, project directory, individual occupancy (identification or advertisement).
D. Project Identification. The number and size of signs shall depend on the number of entrances and scale of the street from which the entrance is located.
1. Main Entryway Feature.
a. One (1) large entryway feature is permitted per development.
b. If the development has more than 100 dwelling units or the parent tract is greater than eighty (80) acres, and the development has primary entrances off of two (2) different arterial or collector streets, it shall be permitted to have two (2) large entryway features.
c. No single identification sign incorporated into a large entryway feature shall exceed forty (40) square feet.
2. Secondary Entryway Feature.
a. One (1) small entryway feature is permitted for every secondary entrance.
b. This entryway feature shall be significantly smaller in scale than the large entryway feature.
c. No single identification sign incorporated into a small entryway feature shall exceed twenty (20) square feet.
E. Landscaping. Landscaping shall enhance the entryway feature. [Ord. 12-27-11 § 7.09.]
20.70.100 EC-01 – Erosion control standards.
This erosion control standards (EC) section applies to the following types of development:
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A. General. 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 Zoning Administrator. Any development over one (1) acre of land shall be required to submit an erosion and sediment control plan, obtain a Rule 5 Permit from the local Soil and Water Conservation Office, and shall be reviewed by the Indiana Department of Environmental Management. A copy of the submittal for approval shall be held in the office of the Zoning Administrator.
B. Off-Site Sedimentation. Whenever sedimentation is caused by stripping of vegetation, regrading, or other development activities, it shall be the responsibility of the petitioner to remove it from all adjoining surfaces, drainage systems, and watercourses, and to repair any damage at the petitioner’s expense.
C. Off-Site Fill. Off-site fill material shall be free of environmentally hazardous materials. The petitioner shall ensure to the County’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 an improvement location permit. If directed by the County, the petitioner shall have testing performed on representative samples of the fill material to determine if environmentally hazardous materials are present in the fill.
D. Other 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 twelve (12) inches shall be buried or placed in fills unless included and approved as part of an improvement location permit.
3. Compaction. All fills shall be compacted per Jasper County’s construction and engineering standards.
E. Health, Safety and Welfare. If the County 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 County, shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard.
F. Disturbance of Protected Areas. If any “no disturb” areas are driven over, altered, disturbed, or damaged in any way, the petitioner or property owner shall be subject to Chapter 20.100 JCC, Enforcement.
1. Project Applicability. While the following standards apply to all development projects, those that involve the disturbance of one (1) acre or more of land shall be required to submit an erosion and sediment control plan and obtain a Rule 5 permit from the local soil and water conservation office. [Ord. 12-27-11 § 7.10.]
20.70.110 FL-01 – Floodplain standards – Provisions for flood hazard reduction.
20.70.120 LE-01 – Lot establishment standards – Residential.
This lot establishment standards (LE) section applies to the following types of development:
SS ST CS
A. General. The shape, location, and orientation of all lots within a development shall be appropriate for the uses proposed and be in accordance with the zoning districts, except as allowed by Chapter 20.60 JCC, Subdivision Types.
B. Standards. Every lot shall meet the following standards.
1. Street Frontage. Residential lots shall be laid out to only have frontage on interior streets, including frontage streets. All residential lots shall have frontage on a public street built to the County street standards or an existing street which was built according to the standards in place at that time.
2. Side Lot Lines. Residential lots shall have side lot lines that are as close to right angles as possible, but shall be within fifteen degrees (15°) of a right angle to the street and right-of-way.
3. Corner Lots. Residential corner lots smaller than 20,000 square feet shall be twenty-five percent (25%) larger than the minimum lot area indicated for the zoning district. This shall include lots at the corner of a development entrance and an exterior public street.
4. Through Lots. Residential lots shall not be designed to be through lots, unless the lot does not establish access to the second frontage.
5. Special Lots. Residential lots abutting a watercourse, drainage way, channel, or stream shall be twenty-five percent (25%) larger than the minimum lot area indicated for the zoning district. This space shall be allocated on the side of the property that abuts the water feature as a “no-disturb” zone.
6. Property Line Corners.
a. At intersections of streets, property line corners shall be rounded by arcs of at least fifteen (15) feet in radius.
b. At intersections of streets the property line corners shall be rounded by arcs of at least twenty-five (25) feet in radius.
7. Lot Number Signs. Upon secondary plat approval, the applicant shall install lot number signs, clearly visible from the road, on each lot. [Ord. 12-27-11 § 7.12.]
20.70.130 LE-02 – Lot establishment standards – Commercial and industrial.
This lot establishment standards (LE) section applies to the following types of development:
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A. General. The shape, location, and orientation of all lots within a development shall be appropriate for the uses proposed and be in accordance with the zoning districts, except as allowed by Chapter 20.60 JCC, Subdivision Types.
B. Standards. Every lot shall meet the following standards.
1. Interior Street Frontage. Commercial lots shall be laid out to only have frontage on interior streets or access streets. Individual lots shall only be laid out to have direct access on public streets if expressly permitted to do so by the Zoning Administrator.
2. Side Lot Lines. Commercial lots shall have side lot lines that are as close to right angles as possible, but shall be within fifteen degrees (15°) of a right angle to the street and right-of-way. Said side lot lines shall extend in a straight line from the street right-of-way for at least twenty percent (20%) of the property’s depth.
3. Corner Lots. Commercial corner lots shall be twenty-five percent (25%) larger than the minimum lot area indicated for the zoning district. If there is a maximum lot area, that maximum shall also be increased by twenty-five percent (25%).
4. Special Lots. Commercial lots abutting a watercourse, drainage way, channel, or stream shall be twenty-five percent (25%) larger than the minimum lot area indicated for the zoning district. This space shall be allocated on the side of the property that abuts the water feature as a “no-disturb” zone.
5. Cohesive Design. Commercial and industrial developments (e.g., shopping centers, commercial areas, and office parks) shall be designed holistically as a single project no matter how many lots are generated. All areas of the parent tract shall be shown as it is intended to be laid out and used.
6. Sensitivity to Context. Commercial and industrial developments shall be laid out to be sensitive to neighboring developments (if built), or neighboring zoning districts if undeveloped.
7. Property Line Corners.
a. At intersections of streets, property line corners shall be rounded by arcs of at least fifteen (15) feet in radius.
b. At intersections of streets the property line corners shall be rounded by arcs of at least twenty-five (25) feet in radius. [Ord. 12-27-11 § 7.13.]
20.70.140 MM-01 – Monument and marker standards.
This monument and marker standards (MM) section applies to the following types of development:
SS ST CS CM IP
A. Installation of Monuments and Markers. All monument and marker improvements shall be installed per 865 IAC 1-12-18.
B. Corner Pins. A surveyor shall certify by affidavit that all corner pins are in place for each lot after final grading. [Ord. 12-27-11 § 7.14.]
20.70.150 OP-01 – Open space standards.
This open space standards (OP) section applies to the following types of development:
SS ST CS CM IP
A. Applicability. The following standards only apply to subdivisions with all resulting lots less than one (1) acre in lot area.
B. Minimum Open Space. The minimum open space required for each development shall be as indicated in the sections for each type of subdivision in Chapter 20.60 JCC, Subdivision Types.
C. Qualifying Areas. The following features count toward the minimum open space requirements as described:
1. Conservation Areas. Any required preservation/conservation area shall count one hundred percent (100%) toward open space requirements.
2. Manmade Water Features. Any manmade water feature (including retention facilities) over one-quarter (1/4) acre in area shall count fifty percent (50%) toward the minimum open space requirements. However, it shall count one hundred percent (100%) toward minimum open space if it supports aquatic life and provides native habitat as follows:
a. Surface Area. A surface area at normal pool elevation of at least 32,670 square feet (¾ acre); and
b. Perimeter Access.
i. Width. A buffer area around the full circumference of the water feature of at least fifty (50) feet from the top of bank shall be available as open space.
ii. Plantings. This open space shall be planted and maintained as wildlife habitat. This includes use of native (no more than twenty percent (20%) lawn grass) species including prairie grasses and/or tree planting.
iii. Minimum Depth. The pool depth shall be at least fifteen (15) feet under at least ten percent (10%) of the overall pool area.
iv. A fountain or other means to mitigate algae growth shall be utilized.
3. Dry Detention Facilities. Manmade storm water detention facilities (dry) shall count seventy-five percent (75%) toward open space if they meet the following standards:
a. Area. The facility shall have at least 10,890 square feet of flat bottom (¼ acre).
b. Depth. The manmade depth of the detention facility shall not exceed four (4) feet from top of bank.
c. Slope. Manmade slopes within the detention facility shall not exceed a 4:1 ratio.
d. Perimeter Access.
i. Width. A buffer area around the full circumference of the facility of at least twenty-five (25) feet from the top of bank shall be available as open space.
ii. Plantings. This open space (facility and buffer area) shall be planted and maintained as usable area. This includes use of prairie grasses, native species, native ground cover, or lawn grass. Tree planting shall not be within the basin area or on the slopes of the bank.
4. Floodplain. The floodplain area of any natural stream, regulated drain, or natural river shall count toward the open space requirements.
5. Required Perimeter Landscaping. Fifty percent (50%) of the perimeter landscaping areas required in JCC 20.70.170 PL-01 – Perimeter landscaping standards, shall count towards the required open space.
6. Other. Other common areas set aside to meet open space requirements. [Ord. 12-27-11 § 7.15.]
20.70.160 OA-01 – Owner association standards.
This owner association standards (OA) section applies to the following types of development:
ST CS CM IP
A. Applicability. The following regulations apply to any development with common area, private streets, shared parking, amenity centers, shared or private utilities, community retention pond, and the like.
B. Legal Mechanism for Long-Term Maintenance.
1. Perpetuity. An owners association shall be created in perpetuity in order to make decisions about and to maintain all common property or facilities. The owners association established in a residential subdivision (ST or CS) shall be a homeowners’ association established pursuant to IC 35-25.5 et seq.
2. Organization Options. An owners association may be a legally incorporated entity or other legal mechanism which provides shared ownership or shared responsibility in common property or facilities. A board of directors or other means for representation in decision making shall be established.
3. Recording of Legal Mechanism. The legal mechanism binding all property owners or vested parties shall be recorded with the County Recorder as being assigned to each applicable property.
4. Declaration of Covenants. Covenants may be utilized to further restrict improvements and uses in the development. If a developer or property owner places restrictions on any land contained within a subdivision that are more restrictive than those required by this title, such restrictions shall be indicated or referenced on the secondary plat. Covenants shall be reviewed by the Administrator or their designee prior to approval of the secondary plat to ensure they do not conflict with this title. The declaration of covenants shall be recorded in the office of the County Recorder following final approval of the development and prior to selling a lot, parcel or condominium unit. A cross reference to the recorded declaration of covenants instrument shall be recorded on the deed for every lot, parcel, condominium unit, or other applicable division of ownership within the development.
5. Commitments or Conditions of Approval. Any covenant language that resulted as a developer commitment or condition of approval by the County shall be included in the covenants or other legal document, and shall be clearly denoted as nonamendable by the owners association.
6. Association Fee. An association fee or other financial mechanism shall be included in the legal mechanism and be equal to the financial needs of the owners association to maintain common property or facilities, and to accumulate a reserve account for long-term large expenditures, emergencies, and contingencies.
C. Contractual Obligation. The developer shall not enter into any contractual relationship on behalf of the owners association prior to transitioning control to local lot or unit owners that exceeds a period of one (1) year. Once the owners association is under the lot or unit owners’ control, the renewal of such a contract shall be at the discretion of the owners association.
D. Required Language. The following language is required in the legal mechanism when applicable:
1. Street Lighting. When street lighting is voluntarily installed or required to be installed, the County shall not now or in the future be obligated to accept the lights as public property, nor shall the County bear any financial responsibility for operation or maintenance.
2. Snow Removal. When private streets are installed, the County shall not now or in the future be obligated to provide snow removal service on streets within the development. If snow removal is desired, the owners association shall use its own resources to maintain streets free from snow.
3. Private Streets. When private streets are voluntarily installed or required to be installed, the County shall not now or in the future be obligated to accept the private streets as public property, nor shall the County bear any financial responsibility for maintenance or replacement.
4. Private Sidewalks. When sidewalks are voluntarily installed or required to be installed outside of a right-of-way, the County shall not now or in the future be obligated to accept the sidewalks as public property, nor shall the County bear any financial responsibility for maintenance or replacement.
5. Landscaping. When landscaping is voluntarily installed or required to be installed in common area, easements, or right-of-way, the owners association shall be responsible for maintaining the plant material in healthy condition, removing dead or diseased vegetation, and/or replacing landscaping, as necessary.
6. Vegetation in Right-of-Way. Once right-of-way is platted, the County gains ownership of the area within the right-of-way and retains the right to reasonably trim or remove any tree or shrub impeding vehicular or pedestrian flow, or that is diseased, or that is necessary in order to perform public improvements within the right-of-way, regardless if the owners association is assigned financial, maintenance, or replacement responsibility.
E. Enforcement. Restrictive covenants will not be enforced by the PC or the Administrator and must be enforced by the owners association (or the subject property owners) through the civil courts. Failure of the owners association to maintain an effective legal mechanism for maintaining common property or facilities shall be subject to Chapter 20.100 JCC, Enforcement. [Ord. 12-02-24 § 77; Ord. 12-27-11 § 7.16.]
20.70.170 PL-01 – Perimeter landscaping standards.
This perimeter landscaping standards (PL) section applies to the following types of development:
ST CS CM IP
A. Applicability. The following standards only apply to subdivisions with all resulting lots less than one (1) acre in lot area. This section also only applies to portions of a development that abuts an interstate highway, arterial street, or collector street.
B. General.
1. Plan. A landscape plan showing perimeter landscaping shall be presented to the Plan Commission for approval as part of the project submittal. The landscape plan shall be prepared by a landscape architect or landscape contractor.
2. Ownership. Perimeter landscaping areas shall retain private ownership whether that be a single land owner or a homeowners association.
C. Exemption. Any subdivision required to install perimeter landscaping shall be partially exempt from any required buffer yard standard in JCC 20.50.520 LA-06 – Buffer yard landscaping standards. Specifically, any lot required to install a buffer yard shall only be required to install one-half (½) the required buffer.
D. Standards.
1. Minimum Depth. Twenty-five (25) feet.
2. Minimum Length. The perimeter landscape area shall extend the entire length of the frontage.
3. Plant Materials. Trees shall be provided at a combined rate of ten (10) per 100 lineal feet of perimeter planting. The required trees shall be a minimum of sixty percent (60%) canopy trees and minimum of twenty-five percent (25%) ornamental or under-story trees. The trees shall be planted in a natural manner, in clusters or irregular, nonlinear patterns.
4. Fencing or Mounding. Where used, fencing or mounding as described as follows may be integrated with the required trees and shrubs.
a. Perimeter Fences. A high quality perimeter fence similar to the development’s character may be combined with the required plant materials. Said fence shall be constructed of masonry, stone, wood, or metal; and be at least thirty-six (36) inches in height, but not over seventy-two (72) inches in height.
b. Mounds. Mounds may be combined with the required plant material and may include fencing. If used, mounds shall be a minimum of three (3) feet in height. Maximum side slope shall not exceed a three to one (3:1) ratio. Continuous mounds shall not be permitted (i.e., levee-like mounds).
c. Exemption. If a tree row or similar natural barrier exists, then perimeter landscaping shall not be required in those areas. However, if existing vegetation is utilized as perimeter landscaping, then a landscape easement to protect the vegetation in perpetuity shall be shown on plat and recorded. [Ord. 12-27-11 § 7.17.]
20.70.180 PQ-01 – Prerequisite standards.
This prerequisite standards (PQ) section applies to the following types of development:
SS ST CS CM IP
A. General. All developments shall meet the prerequisites as indicated in the sections for each type of subdivision in Chapter 20.60 JCC, Subdivision Types.
B. Types of Prerequisites. To qualify for a type of subdivision the following prerequisites apply:
1. Prerequisite Base Zoning. The prerequisite base zoning shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types.
2. Minimum Parent Tract. The minimum parent tract area shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types.
C. Unlisted Types of Prerequisites. If any the above listed prerequisite standards do not appear for a particular type of subdivision in Chapter 20.60 JCC, Subdivision Types, then it does not apply to that particular subdivision type. [Ord. 12-27-11 § 7.18.]
20.70.190 SM-01 – Storm water standards.
This storm water standards (SM) section applies to the following types of development:
SS ST CS CM IP
A. General. All proposed subdivisions submitted to the Plan Commission for approval shall provide for the collection and management of storm and surface water drainage.
B. Cross Reference. See Jasper County storm water management ordinance, Chapter 16.10 JCC, as amended, for additional storm water requirements within the County.
C. Drainage Facility Requirements. A drainage facility shall be provided to allow drainage of water runoff from all of the upstream drainage area and from all areas within the proposed subdivision or development to a place adequate to receive such runoff.
1. Standards. Drainage facilities shall:
a. Have at-grade inlets and sub-grade mains, not utilizing drainage swales for movement of water; and
b. Be designed and constructed in accordance with the Jasper County construction and engineering standards; and
c. Be durable, easily maintained, retard sedimentation, and retard erosion; and
d. Shall not endanger the public health and safety, or cause significant damage to property; and
e. Be sufficient to accept the water runoff from the site after development and the present water runoff from all areas upstream; and
f. Be 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.
2. Inspection. Be inspected during construction by a professional engineer or land surveyor registered in the State at the expense of the petitioner and certified in accordance with this code. This is in addition to the inspection provided by the County.
D. Restoration of Drainage. It is the responsibility of the petitioner to restore any stream, watercourse, swale, floodplain, or floodway that is disturbed during the period of development, to return these areas to their original or equal condition upon completion.
E. Obstruction of Drainage. The petitioner 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 Jasper County Drainage Board, Indiana Department of Natural Resources, Indiana Department of Environmental Management, and/or Army Corps of Engineers, whichever entity has jurisdiction.
F. Administrative Waiver. The County Surveyor and Zoning Administrator may grant relief from subsection (C)(1)(a) of this section when the soil type, design, and construction technique clearly allows drainage swales to maintain their profile and function for a duration of at least twenty (20) years without regular maintenance. [Ord. 12-27-11 § 7.19.]
20.70.200 SR-01 – Street and right-of-way standards.
This street and right-of-way standards (SR) section applies to the following types of development:
SS ST CS CM IP
A. General. All developments shall allocate adequate areas for new streets in conformity with the Jasper County construction and engineering standards, the Unified Development Code, the Jasper County Comprehensive Plan, and the Jasper County thoroughfare plan.
B. Private Streets.
1. Cross Reference. See JCC 20.70.080, EA-01 – Easement standards, for additional information.
2. Standards. Private streets are permitted, but shall conform to all construction and right-of-way standards within the Unified Development Code and the Jasper County construction and engineering standards.
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. Required Language. 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, 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.
5. Usage. When the term right-of-way is used in this section, it shall also apply to private street easements.
C. Street Design Principles.
1. General Street Layout. Streets laid out on the parent tract shall meet all of the following standards:
a. Shall create conditions favorable to health, safety, convenience, and the harmonious development of the community;
b. Shall be in an orderly and logical manner;
c. Shall give consideration to connectivity to adjacent parcels;
d. Shall give consideration to pedestrian and vehicular safety; and
e. Shall provide reasonably direct access to the primary circulation system.
2. Regard to Contour of the Land. Streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.
3. Gated Entrances. Gated development entrances shall have apparatus installed such that emergency vehicles (e.g., fire trucks, police cars, and ambulances) 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 County to easily turn into the development.
4. Boulevard Entrances. Developments may have a boulevard entrance, but such entrance shall extend at least fifty (50) feet from the perimeter street’s right-of-way. The width of the center planting strip shall be at least ten (10) feet. Maintenance of the center planting strip shall be the responsibility of one (1) or more adjacent property owners, or an owners association.
5. Intersections.
a. All intersections of two (2) streets shall be as close to right angles as possible, but shall be within fifteen degrees (15°) of right angles to each other as measured at the street center lines.
b. Intersections of more than two (2) streets at one (1) point shall not be permitted.
c. 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.
6. Pavement Width.
a. The minimum street pavement width shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types; or as indicated in Chapter 20.40 JCC, Planned Development (PD) District, for planned developments.
b. If not indicated, the Zoning Administrator shall utilize the Jasper County thoroughfare plan to determine the appropriate pavement width for each development. Street width shall be determined by measuring from edge of pavement to edge of pavement.
7. Curb Type. Rolled or vertical curbs are permitted.
8. Block Length. The maximum block length shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types; or as indicated in Chapter 20.40 JCC, Planned Development (PD) District, for planned developments. If not indicated, the Zoning Administrator shall determine the appropriate maximum length.
9. Cul-de-sac Length. The maximum cul-de-sac length shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types; or as indicated in Chapter 20.40 JCC, Planned Development (PD) District, for planned developments. If not indicated, cul-de-sacs are not permitted in that type of development.
10. Cul-de-sac Terminus. A cul-de-sac shall have a minimum outside radius of fifty (50) feet and be designed in accordance with the Jasper County construction and engineering standards.
11. Dead-End Streets. Permanent dead-end streets shall be prohibited. Dead-end streets do not include cul-de-sacs or stub streets.
12. Eyebrows. Eyebrow street designs shall be permitted but shall be placed in common area or easement and outside of the public rights-of-way.
13. Passing Blisters, Acceleration Lanes, and Deceleration Lanes. Passing blisters, acceleration lanes, and deceleration lanes shall be constructed in accordance with the Indiana Department of Transportation standards.
14. Right-of-Way Width. The minimum right-of-way width shall be as indicated in the section for each type of subdivision in Chapter 20.60 JCC, Subdivision Types; or as indicated in Chapter 20.40 JCC, Planned Development (PD) District, for planned developments. If not indicated, the Zoning Administrator shall utilize the Jasper County thoroughfare plan to determine the appropriate width for each development.
D. Dedication of Right-of-Way. In developments that adjoin or include existing streets that do not conform to the minimum right-of-way dimensions established in the Jasper County thoroughfare plan, the petitioner shall dedicate additional width along either one or both sides of such streets sufficient to meet the requirements of the Jasper County thoroughfare plan. If the petitioner only controls the property on one side of the street, sufficient right-of-way shall be dedicated to bring the half right-of-way up to the dimensions required in the Jasper County thoroughfare plan.
1. Passing Blister. Where a passing blister is required and inadequate right-of-way exists to install the passing blister, the petitioner shall make a good faith effort to acquire property sufficient for the installation of the passing blister. If the owner of the property on which the passing blister is to be installed refuses to sell the property to the petitioner, the petitioner shall provide the Planning Department copies of all surveys, appraisals, written offers made by the petitioner to the property owner, and correspondence from the property owner.
2. Acceleration and Deceleration Lanes. Where an acceleration lane and/or deceleration lane is required and the petitioner does not control street frontage adequate to install the lane, the petitioner shall make a good faith effort to acquire property sufficient for the installation of the acceleration lane and/or deceleration lane. If the owner of the property on which the acceleration lane and/or a deceleration lane is to be installed refuses to sell the property to the petitioner, the petitioner shall provide the Planning Department copies of all: surveys; appraisals; written offers made by the petitioner to the property owner; and correspondence from the property owner.
3. Eminent Domain. Where the installation of passing blisters, acceleration lanes, and deceleration lanes is vital to the health, safety, and welfare of the motoring public, the County may begin eminent domain proceedings in accordance with IC 32-24, Eminent Domain, for the acquisition of public right-of-way sufficient for the installation of the passing blister, acceleration lane, and/or deceleration lane upon receipt of the aforementioned documentation illustrating the petitioner’s failure to acquire the needed property. Upon completion of the eminent domain proceedings, the petitioner shall reimburse the County in an amount equal to the price paid by the County for the public right-of-way, anything that had to be condemned within the acquired right-of-way, and anything for which the County paid the price of relocation.
4. Installation of Improvements. The petitioner shall then install the passing blister, acceleration lane, and/or deceleration lane per the Indiana Department of Transportation standards.
E. Construction and Installation Standards for Streets. All street improvements, private or public, are to be designed, constructed and installed per the Jasper County construction and engineering standards. [Ord. 12-27-11 § 7.20.]
20.70.210 SL-01 – Street lighting standards – Residential development.
This street lighting standards (SL) section applies to the following types of development:
ST CS
A. General.
1. Street Lights at Entrances. The petitioner shall install, or cause to be installed, street lights at all intersections with perimeter streets (i.e., entrances).
2. Ownership. All street lighting fixtures shall retain private ownership by the petitioner and/or applicable owners association. The County shall not be responsible for any operation or maintenance costs associated with street lighting.
B. Shielding. Street lights shall be shielded to prevent glare to drivers, and to prevent light trespass onto neighboring properties. [Ord. 12-27-11 § 7.21.]
20.70.220 SL-02 – Street lighting standards – Commercial and industrial development.
This street lighting standards (SL) section applies to the following type of development:
CM IP
A. General.
1. Installation. The petitioner shall install, or cause to be installed, street lights at all major intersections, development entrances, and along internal streets as required by the provisions of this section.
2. Ownership. All street lighting fixtures shall retain private ownership by the property owner and/or applicable property owners association. The County shall not be responsible for any operation or maintenance costs associated with street lighting.
B. Street Lights at Intersections.
1. Design. The petitioner 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 Jasper County construction and design standards.
2. Height. Fixtures installed shall not exceed twenty-five (25) feet in height.
C. Street Lights at Entrances.
1. Existing Standard. If a street light standard exists along the street on which the entrance is located, the petitioner shall install the same lighting standard.
2. No Standard. If there is no established street light standard along the corridor, the petitioner shall propose a lighting design that provides the minimum amount of light necessary for vehicular and pedestrian safety.
D. Shielding. Luminaires shall be shielded to prevent glare on residential properties. [Ord. 12-27-11 § 7.22.]
20.70.230 SN-01 – Street name standards.
This street name standards (SN) section applies to the following types of development:
SS ST CS CM IP
A. Proposed Street Name. The petitioner shall propose a unique name for each street within the development at the time of initial application.
B. Emergency 911 Review. The Zoning Administrator will conduct a review of the proposed street name in consideration of Emergency 911 standards. If the street name passes the review, it is approved administratively. If the street name fails the review, the petitioner shall propose a different name for that street and another Emergency 911 review will be conducted on that street name. The Plan Commission has final authority to name a street and will make that determination if an appropriate street name cannot be selected by the petitioner.
C. Approval Authority. While street names proposed by petitioners shall generally be considered favorably, the approval of street names is the authority of the Plan Commission. Existing street names and street names that have been approved by the Plan Commission shall not be changed without the approval of the Plan Commission.
D. Authority to Rename a Proposed Street. The Plan Commission shall have the authority to require a new name to be chosen for any proposed street name. If an acceptable name is not proposed by the petitioner, the Plan Commission shall rename the street prior to final approval.
E. Street Name Standards. Within the jurisdiction of the Plan Commission the following standards shall apply:
1. Street Extensions. 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 Plan Commission, shall bear the names of such existing streets.
2. Root Name. The proposed root name shall not duplicate or closely approximate phonetically, the name of an existing street.
3. Suffix Name. Deviations in suffix names (e.g., Street, Court, Avenue, or Lane) shall not constitute a unique name and shall be prohibited except as described as follows (for example, if Elm Avenue exists as a street name, the name Elm Lane shall not be permitted).
4. Large Developments. 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. Address Numbers. Street address numbers for all lots shall be assigned by the Zoning Administrator. [Ord. 12-27-11 § 7.23.]
20.70.240 SS-01 – Street sign standards.
This street sign standards (SS) section applies to the following types of development:
SS ST CS CM IP
A. General. Each street within a residential, commercial, or industrial development shall have signs necessary to:
1. Safety. Provide a safe environment for drivers and pedestrians.
2. Information. Provide information so that a visitor can efficiently find a certain street, address, or development amenity.
B. County’s Responsibilities. The County’s policies and the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways (current version adopted by the Indiana Department of Transportation) shall be used to determine the type, size, height, and location of each of these signs. Each sign’s location and height shall be communicated to the petitioner at the time they are received by the petitioner.
C. Special Sign Design. Decorative or otherwise unique street signs may be proposed by the applicant. The Zoning Administrator and County Highway Department shall meet jointly to approve or deny the proposal.
D. Petitioner’s Responsibilities.
1. Public Safety Related Street Signs. Public safety related street signs shall be installed prior to any street being opened to the public. These signs shall be installed in the location and to the height determined by the County Highway Department and INDOT.
2. Street Name Signs. A minimum of one (1) street name sign shall be installed at each street intersection within the subdivision, as they are constructed and opened, and on all perimeter intersections.
3. Cost. The petitioner is responsible for purchasing all street signs in consultation with the County Highway Department.
4. Installation. The County Highway Department is responsible for installing all street signs.
5. Temporary Signs During Construction. Temporary signs for street names and addresses shall be required for public safety reasons prior to issuance of building permits within the subdivision.
E. Internal Way-Finding/Directional Signs.
1. Prerequisites. The development shall have an amenity that necessitates a way-finding or directional sign.
2. Maximum Number of Signs. The minimum number of signs necessary to locate the amenity shall be allowed to provide directional assistance for drivers to find any single development amenity. If deemed unnecessary by the Plan Commission due to the conspicuousness of the development amenity, no way-finding or directional sign shall be permitted.
3. Maximum Sign Area. Three (3) square feet.
4. Location.
a. Within the Right-of-Way. With the consent of the County Highway Department, stand-alone way-finding or directional signs may be located within the right-of-way, but not within the vision clearance triangle (see JCC 20.50.910, VC-01 – Vision clearance standards). However, the maintenance of stand-alone way-finding or directional signs shall not be the responsibility of the County Highway Department.
b. Outside the Right-of-Way. Way-finding or directional signs shall not be located within a vision clearance triangle (see JCC 20.50.910, VC-01 – Vision clearance standards.)
5. Maximum Height. Any way-finding or directional sign shall not exceed five (5) feet in height above ground level. [Ord. 12-27-11 § 7.24.]
20.70.250 SY-01 – Surety standards.
This surety standards (SY) section applies to the following types of development:
SS ST CS CM IP
A. Construction/Performance Surety.
1. Cross Reference. See JCC 20.70.060, DD-01 – Dedication of public improvement standards.
2. General.
a. The Plan Commission shall require a bond or irrevocable letter of credit to cover the cost and installation of the proposed public improvements. Said performance surety shall be posted after the plat is recorded and before construction of the proposed public improvements commences on site.
b. All petitioners shall provide a performance surety to the County for any street, sidewalk, path, utility, drainage facility, or any other facility that is intended to be dedicated to the County. All such facilities on site, any off-site improvements committed to by the petitioner, and any off-site improvements required as a condition of approval shall be covered by the performance surety.
3. Requirements. The bond or letter of credit shall:
a. Be in an amount of one hundred ten percent (110%) of the estimated construction cost to complete the improvements and installations in compliance with the Unified Development Code and the Jasper County construction and engineering standards;
b. Run to and be in favor of the County;
c. Generally specify the time for the completion of the improvements and installations (both on site and off site); and
d. Be on a form approved by the County Commissioners.
4. Duration of Surety. All performance sureties shall be effective from the time the secondary plat is recorded until the final construction is approved by the County. The performance surety shall not be released until the Zoning Administrator has certified the improvements have been inspected during construction and after completion, and that they have been installed in accordance with the intent of the approved construction plans and specifications.
5. Alternative Surety.
a. At the election of the County Commissioners, a dedicated account in a form acceptable to the State Board of Accounts which may be established to hold and accumulate funds paid pursuant to the provisions of this section and which shall not thereafter be appropriated for any use unless it is associated with the completion of infrastructure improvements which had been approved by the County and which had not been completed after having been initiated for any reason whatsoever.
b. A developer may request that a payment in lieu of a bond or letter of credit be made to the County as a surety of completion or maintenance. The payment shall be no less than one and one-tenth percent (1.1%) of the estimated construction cost for the improvement or installation and is nonrefundable.
c. Nothing in this section shall in any way limit the ability of the County to give consideration to other alternative forms of insuring the proper completion of public improvement projects involving infrastructure which are to be dedicated to the County or for the benefit of the public. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 7.25.]