(A)

Any parcel of land which is divided, and is a subdivision as defined in Section 94-5 of this chapter, shall be divided and platted in accordance with the provisions of this chapter.

(B)

No plat or replat of a subdivision of land located within the jurisdiction of the city's plan commission shall be recorded until it shall have been approved by such commission, and such approval shall have been entered in writing on the plat by the chairperson and secretary of the commission.

(Ord. No. 2001-1478, 11-19-2001)

For the purpose of this article, the definitions shall be the same as those found in Section 94-5 of this chapter.

(Ord. No. 2001-1478, 11-19-2001)

(A)

A developer or landowner desiring approval of a plat of a subdivision of any land lying within the jurisdiction of the commission shall submit a written application to the commission. Such application shall be accompanied by the information, requirements and plans set forth hereafter, all in accordance with the requirements set forth in this chapter.

(B)

Ord. 2011-1655 revised notice and filing procedures. It requires that public notice and filing procedures shall meet the requirements of Section 94-145(A) through (H) and (J) through (L) of this chapter.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Primary approval for subdivision.

(1)

The owner or developer shall provide a plan of the subdivision that shall show the manner in which the proposed subdivision is coordinated with the master plan and its provisions. Specifically, with relation to the requirements of the thoroughfare plan; school and recreational sites; shopping centers; community facilities; sanitation; water supply; drainage; and other developments existing or proposed, in the vicinity. However, no land shall be subdivided for residential, business or industrial use until the developer has given sufficient evidence, as determined by the commission: that there is adequate and safe access to the land over existing improved streets and roads or that such adequate and safe access will be provided to the developer; that flooding and drainage problems do not exist on the land eliminated; that adequate sanitary and water systems are available to service the subdivision or can be provided; that the land is free from objectionable earth and rock formation, topography or such objectionable features can be eliminated; and that any other feature harmful to the health and safety of possible residents and the community as a whole has been or can be eliminated. In making a determination of suitability for subdividing, the commission shall be the sole judge of the acceptability and adequacy of the evidence presented.

(2)

The developer shall provide a location map of appropriate scale (which may be prepared by indicating the data by notations on available maps) showing:

(a)

Title of map, scale, north arrow and date of submittal;

(b)

Subdivision name and location;

(c)

State highways, arterial streets, major and minor collectors and feeder streets related to the subdivision; and

(d)

Existing elementary and high schools, parks and playgrounds and other community facilities that will be serving the proposed subdivision.

(B)

Plat requirements.

(1)

Proposed name of the subdivision shall be shown and shall not be the same as any other subdivision in the county unless a subsequent phase of an existing subdivision;

(2)

Names and addresses of the owner, developer and the planner, land planning consultant, engineer or surveyor who prepared the plat;

(3)

A plat shall show accurate boundary lines, with dimensions and angles that provide a survey of the tract together with those requirements of 865 I.A.C. 12 or a recording reference to a boundary survey of the perimeter of the subdivision performed in accordance with 865 I.A.C. 12;

(4)

An accurate distance and direction from the proposed subdivision perimeter to the nearest intersections of existing streets shall be shown;

(5)

Accurate metes and bounds description of the boundary of the tract;

(6)

Source of title to the land to be subdivided as shown by books of the county recorder as of the date of making application;

(7)

Show street names with a statement that the county's highway department or 911 coordinator has approved names;

(8)

Complete curve notes for all curves included in the plan;

(9)

Street lines with accurate dimensions in feet and hundredths of feet, with angles or bearings to street, alley and lot lines if applicable;

(10)

Lot numbers;

(11)

Lot dimensions in feet and hundredths thereof and angles or bearings in degrees, minutes and seconds of arc;

(12)

Show accurate locations of easements for utilities, drainage, signs and landscaping together with any limitations on such easements. All plats shall have easements for utilities and drainage;

(13)

Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use;

(14)

Building setback or front yard lines and dimensions;

(15)

Location, type, material and size of all monuments and lot markers. Monuments shall require caps with surveyors name and license number;

(16)

Information on type and location of all infrastructures to serve the subdivision including: streets and roads; sidewalks; sanitary system; water system; storm drainage; recreation facilities; street lighting; landscaping; and signage. Detailed construction plans are required for all subdivisions. Plans must be reviewed and released for construction by the city engineer prior to secondary plat approval. The commission reserves the right to require detailed construction plans prior to approval of any primary plan or plat;

(17)

Restrictions of all types, which will run with the land and become covenants in the deeds for lots must be submitted with the primary plat at time of making application;

(18)

North point, scale and date;

(19)

Certification by a registered land surveyor in accordance with Section 94-204(B) of this chapter shall appear on the plat;

(20)

Dedication of public streets, to the city's board of public works or the county commissioners as applicable. Any dedication of land other than for public streets must have the express approval of the board of public works or county commissioners. Streets to be dedicated must meet all standards of construction and right-of-way width established in this chapter or as the city or county might require;

(21)

Certificate for approval by the commission in accordance with Section 94-204(A) of this chapter;

(22)

A statement in writing from the county's health department or the state's department of health, if the proposed subdivision would be served by individual sewage systems. The statement shall indicate that the minimum requirements for approval of septic systems by the health department can be met for the individual lots in the subdivision;

(23)

The developer shall provide the subdivision with a complete water supply system or show to the plan commission an individual water supply on each lot in accordance with minimum requirements of the county's health department;

(24)

A statement in writing from the county's highway department, if the subdivision is to be outside the corporate limits of the city, indicating that the proposed streets will meet the minimum standards adopted by the county. Regardless of any other standard, all streets, in or outside the corporate limits, must, as a minimum, meet the standards set by this chapter;

(25)

The original drawing of the plat of the subdivision shall be drawn to a scale of 50 feet to one inch; provided that, if the resulting drawing would be over 36 inches in longest dimension a scale of 100 feet per one inch may be used and filed in sections. Four blue or black line prints and a reproducible vellum or Mylar shall be submitted;

(26)

All drainage and utility easements shall be separate if open drainage is being used. Where a county road is involved or a road not dedicated to the city, then sewer easements shall be provided along with other utility easements;

(27)

The application shall be accompanied by the non-refundable fee prescribed in Section 94-240 of this chapter. Said fee shall be paid to the clerk-treasurer of the city;

(28)

A statement certified by a registered engineer or registered land surveyor stating that development has been designed in accordance with the city or county, storm water and erosion control management plan articles and design manual; and

(29)

Provide a traffic plan or statement that shall address the impact the proposed development will have on existing street safety, capacity and any other traffic concerns of the city or county engineer. Proof shall be submitted of having obtained a driveway permit from the county's highway department for each proposed street that is to be connected to an existing county road.

(C)

After an application for approval of a plat of a subdivision has been filed, the commission, or its appointed representative(s), shall review the proposed plat for the sole purpose of determining whether to allow the plat and accompanying data to be formally filed with the commission, or whether to return the documents to the developer with comments for change. Unless and until the commission, or its appointed representative(s), formally accepts a plat for filing, it shall not be considered as actually filed for the purposes of proceeding to the succeeding steps toward plat approval as hereinafter set forth. The filing of a plat grants no proprietary rights to the applicant in the proposed subdivision and in no way is binding upon the commission as to what terms and conditions will apply before plat approval is granted, if any. It being the purpose of such filing to advise both the commission and the interested public as to what the applicant or developer is proposing in order to have the appropriate issues addressed in public hearing on the proposed subdivision. The developer may request that the commission allow the submittal of a primary plat that meets the requirements of Section 94-88(C) and (D) of this chapter and with the following additional requirements, conditions and restrictions:

(1)

It is a single use development (e.g., all R1(a) or all R1(d) or all B1 or all I2 and the like);

(2)

Subsections (B)(1) through (B)(9) and (B)(12) through (B)(29) above are provided on a plat suitable for approval by the commission;

(3)

The maximum number of lots, minimum lot area, minimum lot width and depth and a typical lot diagram are given on the plat;

(4)

Provide a schedule or timetable for completion of the development that, at a minimum, must give the estimated number of lots to be secondary (final) platted each year:

(5)

A written commitment by the landowner and developer shall appear on the plat stating that the final plat will comply with all provisions and development standards for the zoning district and classification of the land on which the development is contemplated;

(6)

A written commitment and agreement that, in addition to a subdivision platting fee based upon the maximum number of lots shown, the developer will pay an additional fee in an amount equal to the zoning application fee for a minor plat for each secondary (final) plat that is placed on the agenda for approval of the commission;

(7)

A written commitment that the provisions of this chapter relating to construction drawing plan approval, surety and construction of infrastructure will be completed and complied with prior to submittal for secondary plat approval of any section(s), block(s) or lot; and

(8)

On the secondary (final) plat the relationship, graphically and by dimensions, will be shown to the perimeter of the development and to prior approved lots within the development.

(D)

Within 30 days of accepting a filing application, the commission shall set a date for a hearing and notify the applicant of the hearing date.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Notice of publication for primary plat hearing. After notification by the commission of the date of public hearing for the primary plat, the applicant shall place legal notice, in a newspaper of general circulation in the city, which shall be published at least 15 days prior to the hearing date and proof of publication shall be made by an affidavit of the publisher attached to a copy of the notice taken from the paper in which it was published. Such affidavit shall include the name of the newspaper and the time of publication. Proof of publication shall be returned to the city superintendent not less than two business days prior to the public meeting.

(B)

Notice to adjacent owners of primary plat hearing.

(1)

Additional notice shall be given to all adjacent landowners who are within two parcels in depth or 660 feet from the subject property, whichever is least.

(2)

Such notification shall be made at least 15 days prior to the hearing date and be made by certified or registered mail, return receipt requested.

(3)

For purposes of this notice requirement, where the petitioner owns any of the adjoining parcels of ground, the subject property shall be deemed to include such adjoining land owned by the petitioner.

(4)

For the purpose of determining the names and addresses of the legal adjacent property owners, the records of the most recent tax assessment records as they appear in the offices of the county auditor shall be deemed to be the true names and addresses of persons entitled to be notified.

(C)

Notice to checkpoint agencies. Notice shall also be provided to the following checkpoint agencies stating that plans are available for their review and comment at the office of the city superintendent. The notice shall state specifically the nature of the development, the number of employees or potential households and traffic impact. Notice shall be sent by certified mail, return receipt requested, or hand delivered with proof of delivery, to the following not less than 15 days prior to the hearing:

(1)

The city's police department or the county sheriff;

(2)

Metropolitan school district of the city;

(3)

The county's soil and conservation district;

(4)

The county's highway engineer;

(5)

The city's fire department and any other fire departments having jurisdiction; and

(6)

The county's board of health if the development is to be serviced by individual waste treatment (septic) systems.

(D)

Notice to commission and board members. Each member of the plan commission or board of zoning appeals, as the case may be, shall be sent by regular mail at his or her address as provided by the commission, not less than 15 days prior to the hearing a notice per subsection (B) above.

(E)

Affidavit of notice. The petitioner shall furnish evidence of compliance of the notice requirements by filing a notarized statement with the board or commission as is appropriate. Said notice shall list names and addresses of the property owners to whom the notices sent out and the return receipts of postal registrations shall be attached to the affidavit in the same order as the property owners are listed on the affidavit and returned to the office of the city superintendent not less than two business days prior to the public meeting.

(F)

Surety. With every plat filing, the developer shall specify the type of surety (cash, bond or non-revocable letter of credit) and the name of the surety company or bank providing letter of credit, for the surety required for performance and maintenance for all infrastructure required to be constructed as part of primary plat approval.

(G)

Written finds, determination. If, after the hearing, the commission determines that the application and plat comply with the standards in this chapter, it shall make written findings and a decision granting primary approval to the plat. This decision must be signed in the appropriate space upon the plat by the chairperson of the commission and attested to by the secretary of the commission.

(H)

Design plans. If the primary plat is approved by the Commission, the developer shall cause complete design plans for all infrastructure to be prepared by a state registered professional engineer or, if no water system or sanitary lift stations are required, by a state registered land surveyor. All required federal, state and local permits must be obtained. Prior to beginning any infrastructure work, three complete sets of plans shall be submitted to the city engineer for his or her comment and approval. The developer shall amend or revise the design plans to comply with the city engineer's comments. After revision, the developer shall again submit three complete sets of plans together with copies of all required federal, state and local permits to the city engineer. If complete design plans are not submitted to the city engineer within one year after primary plat approval by the commission, then the plat is void. If the primary plat was approved showing sections, blocks or phases only, design plans for the first section need be submitted within one year.

(I)

Compliance. If, after the hearing, the commission determines that the application and plat do not comply with the standards in this chapter, it shall make written findings and a decision denying primary approval to the plat. The commission will provide a copy of its findings to the applicant and any interested party requesting such information. This decision must be signed by the chairperson of the commission and attested to by the secretary of the commission.

(J)

Voidance. If infrastructure construction has not begun within two years from the date of design plan approval by the city engineer, per subsection (H) above, then the entire primary plat is void. When a primary plat was approved showing sections, blocks or phases construction on a subsequent section, block or phase must begin within four years of the date of recording of the secondary (final) plat of the previous section, block or phase. The commission may void any primary plats, sections, blocks or phases where construction has not begun within these time limits.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Prior to submitting a secondary (final) plat for approval, the following conditions and requirements apply.

(1)

Infrastructure shall be constructed to include, but not limited to, site grading, streets, sidewalks, curbs, and gutters, sanitary sewer, storm drainage system including retention/detention systems, street signs, street lighting, public water system, fire hydrants and any and all other improvements outlined and shown on the plat or that are required by the commission or city and county engineer. Including having passed all material and performance test for streets, sanitary sewers and lift stations, water system including fire hydrants and pumping stations, storm sewer system together with all testing required by the state's department of environmental management, the city, the county or a private utility.

(2)

Any portion of infrastructure, as listed in subsection (A)(1) above, that is not completed prior to a request to the commission to approve a secondary (final) plat shall be guaranteed via a performance surety (bond, cash, certified check or irrevocable letter of credit). The surety shall be in an amount equal to 100 percent of the uncompleted work, including testing. The cost of the uncompleted work shall be determined by bids from qualified contractors and approved by the city engineer or in the absence of bids an estimate of the remaining cost of construction by the city engineer.

(3)

The secondary plan (final plat) shall not be approved until all infrastructure has been completed, tested and accepted by the city and/or county, or a performance surety has been posted with the city or county in an amount equal to 100 percent of the cost of any uncompleted construction, including testing. Further, if all infrastructure has been completed, a three-year maintenance surety equal to 20 percent of the total cost of construction is required. If all construction is not completed, in addition to the performance surety, proof of ability to obtain maintenance surety is required.

(4)

Four copies of secondary plat (final plat) meeting all the requirements of Section 94-198(B) of this chapter together with said plat drawn on Mylar or vellum, suitable for recording, shall be submitted to the city superintendent at least 15 days prior to any scheduled hearing or approval.

(B)

If the infrastructure required in subsection (A)(1) above has not been completed and accepted by the city within two years after recording of the secondary (final) plat or at any time the commission determines that the developer is unable or unwilling to complete the infrastructure, then the commission may call in the performance surety and cause the infrastructure to be completed to the satisfaction of the city engineer.

(C)

The developer, in writing, shall notify the city superintendent when all improvements and installations have been completed in accordance with the provisions of the plat that was approved by the commission. The commission may release the developer's performance surety under the following conditions:

(1)

Certification to the commission by the city engineer that all the requirements of the plat and approved design plans have been met;

(2)

Complete as-built design plans, on vellum or Mylar, have been submitted by the developer and accepted by the city engineer; and

(3)

A three-year maintenance surety to the city or board of county commissioners, as the case may be, has been posted.

(D)

Where applicable, a separate performance and maintenance surety for construction on county right-of-way may be furnished to the county commissioners in amount not less than stated above.

(E)

Upon the acceptance of all streets and other improvements in the subdivision by the board of public works and safety of city or by the board of county commissioners, as the case may be, the three-year maintenance surety may be released and the surety discharged from further obligation.

(F)

The commission may grant secondary approval of a plat under this section or may delegate to the city superintendent the authority to grant such approvals. No notice or hearing is required. A plat of a subdivision may not be filed with the auditor, and the recorder may not record it, unless it has been granted secondary approval and signed and certified by the appropriate official of the commission. The filing and recording of the plat is without legal effect unless approved by the commission or its designated delegate.

(G)

All plats shall be filed with the city's plan commission in recordable form along with the recording fee made payable to the county recorder in the appropriate amount. The city superintendent shall check the final document for recording to make sure it complies with the approved plat. The city superintendent shall arrange for the recording of the plat within ten days from the date of receipt said plat. Any subdivision secondary (final) plat that is not recorded in the records of the recorder of the county within one-year from date of approval by the commission is void.

(H)

Filing and recording of the plat is without legal effect unless approved by the commission or its designated delegate.

(Ord. No. 2001-1478, 11-19-2001)

(A)

General. After a determination by the plan commission that a new dedicated road (to the county or the city) is not necessary and/or adequate access to a public road can be provided, the owner or subdivider may apply for a minor plat. A minor plat is limited to division of the original or parent parcel into not more than four parcels, including any remainder of the original (parent) parcel. An original or parent parcel is a parcel of land with a separate legal description shown on the plat books of the auditor of the county and given as a separate legal description in an instrument of conveyance in the office of the recorder of the county as of May 7 ^th , 2001. For minor plats, the commission may waive primary plat submittal and proceed with secondary plat (final plat) approval provided all provisions of this section have been met.

(B)

Plat requirements and submittals.

(1)

On the face of the plat shall appear the name and address of the owner and developer and the name, address and state registrations number of the engineer and surveyor who prepared the plat;

(2)

A plat shall show accurate boundary lines, with dimensions and angles that provide a survey of the tract together with those requirement of 865 I.A.C. 12 or a recording reference to a boundary survey of the perimeter of the minor plat performed in accordance with 865 I.A.C. 12;

(3)

Accurate distances and directions to the nearest streets intersecting the boundaries of the tract that is subdivided shall be given;

(4)

Accurate metes and bounds, description of the boundary of the tract;

(5)

Show accurate locations of easements for access, utilities, drainage, signs, and landscaping together with any limitations on such easements. Easements for utilities and drainage shall be provided if required by the commission or city/county engineer;

(6)

Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use;

(7)

Show street names with a statement that the county's highway department or 911 coordinator has approved names;

(8)

Building setback or front yard lines and dimensions. All setbacks shall be measured from the property line, or access easement line, whichever provides the greater setback;

(9)

Show existing: buildings; driveways; septic systems, utility transmission lines; existing easements; lakes, ponds, streams; and public streets and roads together with dedicated right-of-way;

(10)

Provide four copies of complete plans and specifications for the improvements that are required by this chapter. The city engineer or commission may require a topographic survey to show that there is adequate drainage, septic system sites, access or other matters that could be a concern for safety, health and welfare of the community. The city engineer may waive the requirement for detailed construction plans for minor plats;

(11)

Restrictions of all types that will run with the land and become covenants in the deeds for lots shall be shown on the plat or referenced by recording reference;

(12)

North point, scale and date;

(13)

Certification by a registered land surveyor in accordance with Section 94-204(B) of this chapter shall appear on the plat;

(14)

Certificate for approval by the commission in accordance with Section 94-204(A) of this chapter;

(15)

A statement in writing from the county's health department or the state's department of health, if the proposed subdivision would be served by individual sewage systems. The statement shall indicate that the minimum requirements for approval of septic systems by the health department can be met for the individual lots in the subdivision;

(16)

Notice to the public shall be made in compliance with Section 94-199(A) to (E) of this chapter. At the hearing, the plan commission may make secondary plat (final plat) approval or, if additional time is needed, the public hearing can be continued, as the plan commission deems necessary;

(17)

The original drawing of the plat of the subdivision shall be drawn to a scale of 50 feet to one inch; provided that, if the resulting drawing would be over 36 inches in longest dimension a scale of 100 feet per one inch may be used and filed in sections. Four blue or black line prints and a reproducible vellum or Mylar shall be submitted;

(18)

If construction drawing or minor plat plan requires improvements on public right-of-way or other infrastructures improvements that will be dedicated to the city or county or if such improvements are required by the commission, then surety must be provided in accordance with subsections (B)(1) to (B)(5) above;

(19)

The application shall be accompanied by the non-refundable fee prescribed in Section 94-240 of this chapter. Said fee shall be paid to the clerk/treasurer of the city;

(20)

The subdivision shall not have a common drive unless a covenant for perpetual maintenance is shown on the face of the plat that will be presented for approval of the plan commission;

(21)

A statement certified by a registered engineer or registered land surveyor stating that the development has been designed in accordance with the city or county, storm water and erosion control management articles and design manual, and, if a permit is required under the relative article, then a copy of the storm water and erosion control management plan approval permit;

(22)

All drainage and utility easements shall be separate if open drainage is being used. Where a county road is involved or a road not dedicated to the city, then the city engineer may require separate easements for future sanitary sewers in addition to other utility easements;

(23)

Any plat that adjoins a county road must designate and grant a dedicated right-of-way to the county. Width of the right-of-way to be dedicated shall be determined by the county's highway engineer. In no case shall the dedicated right-of-way be less than 25 feet. The developer shall provide a letter from the county's highway engineer stating the required right-of-way width to be dedicated. Proof shall be submitted of having obtained a drive permit from the county's highway department for each proposed street that is to be connected to an existing county road; and

(24)

Any minor plat that is not recorded in the records of the recorder of the county within one-year from date of approval by the commission is void.

(Ord. No. 2001-1478, 11-19-2001)

The plat of the subdivision shall conform to the following principles and standards of design.

(A)

General. The subdivision plan shall conform to the principles and standards of this chapter.

(B)

Streets.

(1)

The streets shall provide access to all lots and parcels of land within the subdivision and, where streets intersect, offsets of less than 200 feet shall be avoided.

(2)

Proposed streets shall be adjusted to the contour of the land so as to produce useable lots and streets of reasonable gradient.

(3)

Streets shall intersect the boundary of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity. The commission or city engineer can require streets to be constructed to the boundary of the subdivision as needed to provide for future access to adjacent lands. Frontage roads may be used as collector streets when the commission or city engineer determines it is in the best interest of the overall flow of traffic.

(4)

Wherever an existing dedicated or platted street, or portion thereof as in a half right-of-way, is adjacent to the proposed subdivision or dead ends at the subdivision boundary, additional right-of-way shall be platted to provide the street or alley the full right-of-way width, as required by this chapter, to the next intersecting street.

(5)

The minimum right-of-way width for residential streets, minor access streets or residential streets ending in a cul-de-sac is 60 feet; minimum right-of-way width for feeder, minor collectors and industrial streets is 70 feet; minimum right-of-way width for arterial street or major collectors is 80 feet. Cul-de-sac diameter for all residential streets is 110 feet and for all business and industrial streets is 120 feet. Minimum right-of-way transition radius from street to cul-de-sac is 50 feet. For minor plats, subdivision of land containing four and fewer lots including the residual of the parent parcel, an access (ingress/egress) easement shall be provided that is not less than 30 feet in width. In major subdivisions, the streets must be dedicated to the public and provision made for acceptance of the streets by the governing public agency. In minor subdivisions, the streets may be privately maintained by the various lot owners; provided, the dedication of the plat contains specific provisions for perpetual maintenance and repair of the streets, including drainage items.

(6)

Alleys shall be prohibited, except as provided in subsection (B)(4) above.

(7)

The centerlines of streets should intersect as nearly at right angles as possible, but in no case less than 75 degrees.

(8)

At intersections of streets, property line corners shall be rounded by arcs of not less than a 25-foot radius or by chords of such arcs.

(9)

Streets from opposite directions shall intersect at a common point (four-way or three-way intersection). Streets intersections shall not be less than 200 feet, when measured between centerlines, for residential streets; not less than 400 feet for intersection with a feeder or minor collector street; not less than 600 feet between intersections for a major collector, arterial street; and not less than that required by the state's department of transportation between intersections with state highways.

(10)

Where parkways or special types of streets are involved, the commission may apply another standard to be followed in their design.

(11)

Horizontal visibility of curved streets and vertical visibility on all streets must be maintained along the centerlines as follows:

(a)

Arterial or major collector streets: 500 feet;

(b)

Feeder streets and minor collectors: 300 feet; and

(c)

Residential streets: 150 feet.

(12)

Curvature measured along the centerline shall have a minimum radius as follows:

(a)

Arterial or major collector streets: 500 feet;

(b)

Feeder streets and minor collectors: 300 feet; and

(c)

Residential streets: 200 feet.

(13)

Between reverse curves arterials, collectors and feeder streets a tangent of not less than 100 feet shall be provided. On residential streets, no tangent section is required.

(14)

Maximum grades for streets shall be as follows:

(a)

Arterial streets and major collectors: not greater than six percent;

(b)

Feeder streets and minor collectors: not greater than eight percent; and

(c)

Residential streets and minor plat access: not greater than ten percent.

(15)

Maximum length of a cul-de-sac, dead end street or access easement is 800 feet. The length shall be measured from the centerline of the nearest dedicated or public cross street.

(C)

Lots.

(1)

All lots shall front on a public street or road. However, lots in minor plats may front on an access (ingress/egress) easement.

(2)

Sidelines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots should be avoided.

(3)

Double frontage lots should not be platted.

(4)

Widths and areas of lots and building setback lines shall be not less than that provided in this chapter for dwellings for the district in which the subdivision is located.

(5)

Wherever possible, unit-shopping centers, based upon sound development standards, should be designed in contrast to the platting of lots for individual commercial use.

(6)

Corner residential lots shall be wider than normal in order to permit appropriate setbacks from both streets.

(D)

Easements, utility. Easement for utility shall be provided. This easement area for utilities shall not include the paved surfaces. Such easements shall have minimum widths of 20 feet, or greater where needed, and where located along lot lines, one-half of the width shall be taken from each lot. Before determining the location of easements, the plan shall be discussed with local utility companies to assure their proper placing for the installation of such services to allow necessary room for the placement of all possible utilities.

(E)

Public open spaces.

(1)

Where sites for parks, schools, playgrounds or other public uses are located within the subdivision area as shown on the master plan, the commission may request its dedication for such purposes, or their reservation for a period of one year following the date of the approval of the plat. In the event a governmental agency concerned passes a resolution expressing its intent to acquire the land so reserved, the reservation period shall be extended for an additional six months.

(2)

All public open spaces dedicated to the public shall be granted access through an easement or direct access to a public right-of-way.

(Ord. No. 2001-1478, 11-19-2001)

The plat of subdivision shall conform to the following standards of improvements.

(A)

Monuments.

(1)

Monuments shall be placed so that the center of the monument shall be marked to coincide exactly with the intersection of lines to be monumented and shall be set so that the top of the monument is level with the finished grade. The monument shall have caps with the surveyor's name and license number.

(2)

Monuments shall be set:

(a)

At the intersection of all lines forming angles on the perimeter of the subdivision;

(b)

At the intersection of street centerlines;

(c)

Centerline of streets at the beginning and end of curves;

(d)

Centerline of street tangent sections at intervals not to exceed 500 feet; and

(e)

At any other location required by Indiana Code.

(3)

Monuments interior to the subdivision shall be at a minimum one-inch galvanized iron pipe or five-eighths-inch diameter reinforcing bar, 30 inches in length, except in pavement where the length may be eight inches, with a cap embossed with the surveyor's name and registration number. On the perimeter of the subdivision, monuments shall be one-inch galvanized iron pipe or five-eighths-inch diameter reinforcing bar with a cap embossed with the surveyor's name and registration number. Perimeter monuments shall be 36 inches in length and set in concrete.

(B)

Survey standards. Survey of the subdivision and subdivision perimeter shall be in accordance with 865 I.A.C. 12 (Rule 12). It is required that if all of the information required by Rule 12 is not shown on the face of the subdivision plat then a separate perimeter survey in compliance with said rule must be recorded in the office of the recorder of the county and the recording information placed on the face of the subdivision plat.

(C)

Streets.

(1)

Streets shall be completed to grades shown on plans, profiles and cross-sections provided by the developer, and prepared by a registered professional engineer or registered land surveyor. Prior to beginning construction and secondary plat approval, the city engineer shall approve all construction and site plans.

(2)

The streets shall be graded, surfaced and improved to the dimensions required by the cross-sections and the work shall be performed in the manner prescribed in standard specifications (latest issue) of the state's department of transportation.

(a)

In a subdivision proposed to have residential streets and containing an average of less than three lots per acre, excluding streets, open areas, common areas, retention/detention areas, parks or other similar non-building areas, the street pavement shall be a minimum width of 28 feet, exclusive of curbs or curbs and gutter.

(b)

In a subdivision proposed to have residential streets and containing an average of three or more lots per acre, excluding streets, open areas, common areas, retention/detention areas, parks or other similar non-building areas, the street pavement shall be a minimum width of 32 feet, exclusive of curbs or curbs and gutter.

(c)

Streets in a business or industrial development and feeder or minor collectors shall be a minimum width of 32 feet, exclusive of curbs or curbs and gutter.

(d)

Arterial or major collectors shall be a minimum width of 36 feet, exclusive of curbs or curbs and gutter.

(e)

In residential districts the minimum radius of cul-de-sac pavement, exclusive of curbs or curb and gutter, is 42 feet. In business and industrial districts the minimum radius of cul-de-sac pavement exclusive of curbs or curb and gutter, is 48 feet. The minimum radius for the transition from back of curb on street to back of curb on the cul-de-sac is 60 feet for all districts.

(3)

Materials and construction methods employed for construction of infrastructure within existing right-of-way or proposed right-of-way shall meet the requirements of the state's department of transportation, standard specifications (latest edition) in addition to those requirements contained in this chapter.

(4)

The developer shall provide pavement tapers, turn lanes and passing lanes, including any additional right-of-way, if in the opinion of the county or city engineer, traffic counts, visibility or other safety considerations warrant them.

(5)

(a)

The city superintendent shall be notified 48 hours prior to beginning paving operations so that a representative of the city or county, as the case may be can make any necessary inspections. Any failure by the developer or his or her subcontractor to comply with the design standards of this chapter and the specifications approved by the commission shall be grounds for issuance of a cease and desist order and notice of corrective actions to be taken. Failure to make necessary corrections shall be grounds for suit against the performance surety posted by the developer by the city or the county, as the case may be, to properly install and complete the streets in question. The responsibility for the compliance with these provisions shall be solely that of the developer shown on such performance surety as the principal obligor.

(b)

Street pavement standard:

1.

Residential street typical section:

a.

Six inches of wire or fiber reinforced Portland cement concrete on eight inches of No. 8 crushed stone subbase;

b.

110 lbs/syd of No. 11 bituminous surface on 330 lbs/syd of No. 8 bituminous base or binder on eight inches of compacted aggregate base No. 53; or

c.

110 lbs/syd of No. 11 bituminous surface on 220 lbs/syd of No. 9 bituminous binder on 440 lbs/syd of No. 5 or 5D bituminous base.

2.

Feeder, minor collector, business or light industrial street typical section:

a.

Eight inches of wire or fiber reinforced Portland cement concrete on six inches of No. 8 crushed stone subbase;

b.

165 lbs/syd of No. 11 bituminous surface on 440 lbs/syd of No. 5 or 5D bituminous base on eight inches of compacted aggregate base No. 53; or

c.

110 lbs/syd of No. 11 bituminous surface on 880 lbs/syd of No. 5 or 5D bituminous base placed in two lifts.

3.

Arterial, major collector or heavy industrial street typical section:

a.

Nine inches of wire or fiber reinforced Portland cement concrete on six inches of No. 8 crushed stone subbase;

b.

110 lbs/syd of No. 11 bituminous surface on 220 lbs/syd No. 9 bituminous binder on 440 lbs/syd No. 5 or 5D bituminous base on eight inches of compacted aggregate base No. 53; or

c.

110 lbs/syd of No. 11 bituminous surface on 220 lbs/syd of No. 9 bituminous binder on 880 lbs/syd of No. 5 or 5D bituminous base placed in two lifts.

(6)

Prior to placing the street surfaces, adequate subsurface drainage for the street shall be provided by the developer. Subsurface drainage pipe shall be coated corrugated steel pipe, PVC or HDPE or other approved pipe not less than six inches in diameter approved by the city engineer. Upon the completion of the street improvements, as-built drawings shall be filed with the city superintendent.

(7)

Pavement for private access roads (as would be allowed in minor plats) shall be a minimum of 20 feet in width and constructed of a minimum of ten inches of compacted aggregate (four inches of No. 53 or No. 8 crushed stone on six inches of No. 2 crushed stone or equivalent) on prepared, well-drained, compacted subgrade.

(D)

Sanitary sewers.

(1)

Within the municipal limits or where sanitary sewers are within 300 feet of the perimeter of the proposed development, the developer shall provide the subdivision with a complete sanitary sewer system, which shall connect to the city sewers at an approved location. Where connection to city sewers is not possible, one of the following methods of sewage disposal shall be used:

(a)

A complete sanitary sewer system to convey the sewage to a treatment plant shall be provided by the developer in accordance with the minimum requirements of the county's health department, the state's board of health and/or the state's stream pollution control board; and

(b)

The county's board of health shall approve each lot for an individual on-site sewage disposal system.

(2)

Sanitary sewer system plans meeting the requirements of the city shall be provided by the developer and submitted to the city engineer and the state's department of environmental management for approval. The design shall give consideration to service extensions into adjacent areas. Upon the completion and testing of the sanitary sewer system, as-built plans for the sanitary sewers shall be submitted to the city engineer.

(3)

In this subsection (D) and subsection (E) below, the phrase "the developer shall provide" shall be interpreted to mean that the developer shall install the facility referred to, or, whenever a private sewage disposal system or an individual water supply is to be provided, that such facilities referred to in these sections shall be installed by the developer of the lots in accordance with these regulations.

(E)

Water system.

(1)

Within the municipal limits of the city or where adequate public water mains are within 500 feet of the perimeter of the proposed development, the developer shall provide the subdivision with a complete water supply system. Where connection to a municipal or public water system is not available, the developer shall provide one of the following.

(a)

A complete community water supply system shall be provided in accordance with the minimum requirements of the state's board of health and the state's department of environmental management.

(b)

An individual water supply on each lot in the subdivision in accordance with the minimum requirements of the county's board of health.

(2)

Water system plans meeting the requirements of the city or the public water company who is supplying the water shall be provided by the developer and submitted to the city engineer or public water company and the state's department of environmental management for approval. The design shall give consideration to service extensions into adjacent areas. Upon the completion and testing of the water system, as-built plans for the sanitary sewers shall be submitted to the city engineer or public water company.

(F)

Storm drainage system. The developer shall provide the subdivision with an adequate storm water collection system in conformance with the city and/or county, storm water and erosion control management plan and design manual.

(G)

Curb and gutter. Curb or curb and gutter are required to be installed on each side of the street in all subdivisions, except minor subdivisions. The curb and/or curb and gutter shall be of one of the construction types shown in Appendix E, standard details.

(H)

Sidewalks.

(1)

Sidewalks shall be installed on both sides of all streets in any subdivision.

(2)

Sidewalks shall be installed in all B and PUD-C zoning classifications as determined by the commission.

(3)

When sidewalks are installed, they should be constructed of Portland cement concrete at least four inches thick and five feet wide and placed one foot from the street right-of-way line.

(4)

Sidewalks shall also be required where necessary to accommodate present and future pedestrian traffic as determined by the commission.

(5)

(a)

Sidewalks shall be constructed to provide a minimum of five feet planting strip between the back of curb and the sidewalk.

(b)

On all arterial and feeder streets the planting strip shall be a minimum of seven feet between the back of curb and the sidewalk.

(c)

Where it is not possible to meet the requirements of subsections (H)(5)(a) and (H)(5)(b) above, the developer shall provide an alternate method of sidewalk placement and obtain approval of the commission.

(d)

Sidewalks are required in all developments whether in residential, business or industrial districts as determined by commission.

(I)

Street signs. The developer shall provide the subdivision with standard city street signs at the intersection of all streets unless an alternate design or type is approved by the commission.

(J)

Street lights. The developer shall provide the subdivision with street lights, the quality and location of which shall be determined by the commission. The streetlights shall not be required in the buffer zone. The street lights provided shall be with the approval of the city when the subdivision is located on a dedicated street and the developer shall cover all expenses for installation of the lights.

(K)

Fire hydrants. The developer shall provide the subdivision with fire hydrants if the subdivision is located within the corporate limits of the city. Subdivisions outside the corporate limits of the city served by a water utility shall, likewise, provide fire hydrants. Spacing and location of the fire hydrant shall be based upon the recommendation of the respective fire chief of the area being served.

(Ord. No. 2001-1478, 11-19-2001)

The following forms shall be used in platting.

(A)

Commission certificate.

UNDER AUTHORITY PROVIDED BY I.C. 36-7-4 ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO, AND BY AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF MARTINSVILLE, INDIANA. THIS PLAT WAS GIVEN APPROVAL BY THE PLAN COMMISSION OF THE CITY OF MARTINSVILLE AS FOLLOWS:

Adopted by the Martinsville Plan Commission at a public meeting held on the ____ day of ____, 20___.

Martinsville Plan Commission Primary Approval

By:___________

Chairperson

  ___________

Secretary

Martinsville Plan Commission Secondary Approval

By:___________

(B)

Surveyor's certificate.

SURVEYORS SUBDIVISION CERTIFICATION

I, Name of Surveyor, an Indiana Registered Land Surveyor, hereby certify that, to the best of my information, knowledge and belief, this plat represents a subdivision of land in accordance with the City of Martinsville Zoning and Subdivision Control Ordinances. That the perimeter of said subdivision was surveyed in accordance with 865 I.A.C. 1-12 and that all information required by said rule, including surveyor's report, is shown hereon or is given in a separate boundary survey that has been recorded in the Office of the Recorder of Morgan County as Instrument Number __________________. Further, that all monuments required by 865 I.A.C. 1-12 and this chapter have been set or will be set prior to the transfer of any lot in this subdivision.

Certified this ____ day of _________, 20____.

SEAL OF SURVEYOR

___________

Signature of Land Surveyor

(C)

Dedication of plat and public lands. Each final plat submitted to the commission for approval shall carry a deed of dedication in substantially the following form:

We, the undersigned owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the within plat.

This subdivision shall be known as _______________________________, an addition to _______________________________. All streets shown and not heretofore dedicated are hereby dedicated to the public.

Front and side yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there shall be erected or maintained, no building or structure.

There are strips of ground as shown on this plat and marked "Easement," reserved for the use of utilities, except transmission lines or main, for the installation of water and sewer mains, pipes, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject to the rights of the utilities.

(Insert similar language for drainage easements.) (If access easements are used a dedication of the access easement to the various lot owners must be given.) (If the subdivision is to have private streets provisions must be made in the covenants for perpetual maintenance of said streets.)

(Additional dedications and protective covenants, or private restrictions would be inserted here upon the Developer's initiative or the recommendations of the Commission; important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor area.)

The foregoing covenants, (or restrictions), are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 20____.

(A 25-year period is suggested), at which time said covenants, (and/or restrictions), shall be automatically extended for successive periods of 10 years unless changed by vote of a majority of the then owners of the buildings covered by these covenants, or restrictions in whole or in part. Invalidation of any one of the foregoing covenants or restrictions, by judgment or court order shall in no way affect any of the other covenants or restrictions, which shall remain in full force and effect. The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected, or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns.)

(Ord. No. 2001-1478, 11-19-2001)

In their interpretation and application the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

(A)

Public provisions. These regulations and articles are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation. If these regulations impose a restriction different from any other ordinance, rule or regulation, or other provision of law, those provisions that are more restrictive or impose higher standards shall control.

(B)

Private provision. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction; provided that, where the provisions of these regulations are more restrictive than such easement, covenant, or other private agreement or restriction, the requirement of these regulations shall govern. Where the provisions of the easements, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determinations of the commission in enforcing these regulations, or the determinations of the commission in enforcing these regulations, and such private provisions are not inconsistent with these regulations and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder. Generally private provisions can only be enforced privately unless a public agency such as the city council or plan commission has been made a party to such agreements.

(C)

Separability. If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have rendered and shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The city hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application.

(D)

Acceptance of streets and infrastructure. Regardless of any other provisions of this chapter, neither the city nor county are required to accept for maintenance or repair any street or road, platted or unplatted, until all other infrastructure associated with the development, such as sanitary sewers and water system, has been accepted by the city or county, as the case may be. After acceptance of other infrastructure, the city or county may accept dedication of the streets and roads; provided that:

(1)

A deed of dedication, executed by the owner, has been prepared for all proposed public right-of-way in which streets and roads have been constructed;

(2)

There exist no known violations of this chapter and the appropriate maintenance surety has been submitted;

(3)

There is a written acceptance of the deed of dedication by the city or county; and

(4)

The completely executed deed of dedication is recorded in the office of the recorder of the county.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Saving provision. This chapter shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision control articles and zoning ordinance, or as a discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or waiving any right of the city under any section or provision existing at the time of the effective date of this chapter, or as vacating or nullifying any rights obtained by any person, firm or corporation, by lawful action of the city, except as shall be expressly provided for in this chapter.

(B)

Exclusion. Nothing in this chapter or in any rules, regulations or orders issued pursuant to this chapter shall be deemed to restrict or regulate or to authorize any unit of government, legislative body, plan commission or board of zoning appeals now or hereafter established, to restrict or regulate the exercise of the power of eminent domain by the state or by any state agency, or the use of property owned or occupied by this section, the term state agency shall mean and include all state agencies, boards, commissions, departments and institutions, including state educational institutions of the state.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Effective date. This chapter was originally adopted on November 19 ^th , 2001 as Ord. 2001-1478.

(B)

Revision. Ord. 2001-1478 is hereby revised and amended per a recommendation of the city's plan commission at a public hearing held July 27 ^th , 2004 and adopted by the common council of the city as Ord. 2004-1530 on August 16 ^th , 2004 and is effective upon passage.

(C)

Conflict. Where conflicts arise between the above cited ordinances and this chapter, the more restrictive shall apply.

(Ord. No. 2001-1478, 11-19-2001)