Monroe City Zoning Code
SUBDIVISIONS
§ 153.140 TITLE.
This subchapter shall be known and may be cited as the Subdivision Control Ordinance of the County.
(Ord. 2020-13, passed 11-10-2020)
§ 153.141 AUTHORITY.
This subchapter is adopted pursuant to I.C. 36-7-4 and all acts supplemental and amendatory to it.
(Ord. 2020-13, passed 11-10-2020)
§ 153.142 COMPLIANCE.
Except as otherwise provided in this subchapter, no person shall subdivide any parcel of land located within the territorial jurisdictional area of the Plan Commission unless it be in conformity with the provisions of this subchapter.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.143 JURISDICTION.
The jurisdiction of this subchapter shall include lands and waters of the unincorporated area of the county, and including the unincorporated areas of Ceylon, Linn Grove, Magley, Monmouth, Peterson, Pleasant Mills, Preble, Rivare (Bobo), Salem, and Williams.
(Ord. 2020-13, passed 11-10-2020)
§ 153.144 DISTANCES.
Unless otherwise specified, all distances shall be measured horizontally in any direction.
(Ord. 2020-13, passed 11-10-2020)
§ 153.145 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning. Other terms shall have the meanings ascribed to them in § 153.006. If there should be a conflict between terms defined in § 153.006 and this section, this section shall control.
ADMINISTRATOR, ZONING. The officer designated and authorized by the Plan Commission to enforce the zoning requirements.
ALLEY. A permanent public service-way, dedicated to public use, other than a street, place, road, crosswalk, or easement, designed to provide a secondary means of access for the special accommodation of abutting property.
AUDITOR, COUNTY. The Auditor of the county.
BOARD. The Board of Zoning Appeals of the county.
BLOCK. A unit of property entirely surrounded by the public highways, streets, railroad rights-of-way, waterways, tract boundary line, or other barriers, or combination thereof.
BUILDING SETBACK LINE or BUILDING LINE. The line nearest the front or side of and across a lot establishing the minimum yard to be provided between the principal building or structure and the lot line.
COMMISSIONERS. The Board of County Commissioners of the county.
COUNTY. The County of Adams, Indiana.
CROSSWALK. A strip of land dedicated to public use, which is reserved through a block to provide pedestrian access to adjacent areas.
CUL-DE-SAC (COURT). A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
DEAD END STREET. A street having one of its ends closed with no provision for a vehicle turnaround.
DESIGN COMMITTEE. The committee appointed by the Plan Commission to provide for review of plats and allowable replats on behalf of the Plan Commission when appointed in compliance with I.C. 36-7-4-701(e). It is intended that the DESIGN COMMITTEE operate as, and be commensurate with, a plat committee permitted under I.C. 36-7-4-701.
DESIGNATED OFFICIAL. The person or persons designated by the Plan Commission to certify primary approval and sign the plat certifying secondary approval (President, Vice President, or Executive Secretary (Director) of the Plan Commission).
DRAINAGE RIGHT-OF-WAY. The lands required for the installation of stormwater sewers or drainage ditches, where required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein.
EASEMENT. A grant by the property owner of the use of a strip of land by the public or a person for specified purposes.
LOT. A parcel of land of specific form and dimension, defined by a metes and bounds description or boundary lines in a recorded deed, or situated within a legally recorded plat, and designated by number or letter, for convenience and accuracy, in legal conveyance of the title thereto.
LOT, CORNER. A lot abutting two or more streets at their intersection, where the interior angle of intersection does not exceed 135 degrees.
LOT, FRONT. The part of a lot adjacent to and parallel with the street. The front of a corner lot shall be determined, at the time of application for the improvement location permit, by either the owner, builder, developer or their agent, and the Zoning Administrator. Once the FRONT is determined, the structure shall then be erected in conformity with the zoning ordinance and this subchapter.
LOT, INTERIOR. Any lot other than a corner lot, including a through lot.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH. The lineal measurement of the building setback line on the affected lot.
MAINTENANCE GUARANTEE. Any security which may be accepted that guarantees certain improvements constructed under conditions set forth by the Plan Commission shall, at the time they are accepted for public maintenance, be in such condition as to require no additional work beyond normal upkeep.
MASTER PLAN. The Comprehensive Plan, or any of its parts, serving as a guide for development of the county prepared by or for the Plan Commission and adopted by the Commissioners, in accordance with the authority conferred by I.C. 36-7-4 and all acts amendatory thereto, as is now or may hereafter be in effect.
ORDINANCE. The County Zoning and Land Use Ordinance, including these subdivision provisions, and all amendments thereto.
PERFORMANCE GUARANTEE. Any security which may be accepted in lieu of a requirement that certain improvements be made before the Plan Commission or Commissioners’ approval becomes effective, said security shall be filed with the Auditor prior to the release of the drawings of a final plat; including performance bonds, escrow agreements, and other similar collateral or surety agreements.
PERSON. A corporation, firm, partnership, association, organization, limited liability company, or any other group acting as a unit, as well as a natural person.
PLACE. An open, unoccupied, officially designated space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
PLAT. The map or drawings of all or a portion of a parcel of land which is being or is proposed to be subdivided for the purpose, whether immediate or future, of transfer of ownership subsequent to the adoption of this subchapter.
PLAT OFFICER. The officer designated and authorized by the Plan Commission to enforce this subchapter. The Executive Secretary (Director) of the Plan Commission.
PLAT, PRIMARY. The drawings, maps, and documents indicating the proposed layout of the subdivision which is submitted to the Plan Commission for consideration and tentative approval.
PLAT, SECONDARY. The final map or drawings of all or a portion of the subdivision which is presented to the Plan Commission for secondary approval in accordance with this subchapter, and which, if approved, shall be filed with the County Recorder for the purpose of recordation and taxation prior to the transfer of ownership of any parcel, tract, or lot as approved.
ROAD SETBACK LINE. The line established by a county road setback resolution along certain designated public roads.
SKETCH PLAN. A freehand pencil drawing showing, with reasonable accuracy, the proposed locations of streets and lots within the proposed subdivision.
STREET. A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, or other appropriate name. The arterial thoroughfares and primary and secondary streets are designated on a map developed and maintained by the Plat Officer in consultation with the County Highway Department. For the purpose of this report, STREETS shall be classified as follows:
(1) ARTERIAL THOROUGHFARES. These facilities serve to move traffic on state and U.S. marked routes, as well as some county roads and important intra-city streets. Where a highway is a non-limited access route, these facilities also perform a secondary function of providing direct access to abutting land and thus interconnect principal traffic generators.
(2) PRIMARY (MAJOR) ROUTES. These facilities serve to connect cities with each other, as well as to link smaller towns or settlements with the arterial thoroughfares system. PRIMARY ROUTES provide access to abutting land and generally serve all principal traffic generators.
(3) SECONDARY (CONNECTOR) ROADS. These facilities serve intra-city movements of traffic, such as that moving between a subdivision and major street. The principal difference between the connector road and streets or roads of higher classification is the length of trip each principally serves. They are intended to supply the abutting property with the same degree of land service as the local street, while at the same time serving larger volumes of traffic.
(4) LOCAL (RESIDENTIAL) STREETS. The sole function of these streets is to provide access to the immediately adjacent property. LOCAL ACCESS STREETS are intended to carry low volumes of traffic.
(5) MARGINAL ACCESS STREET. A street designated to connect not more than two streets and which normally parallels an arterial thoroughfare, or a primary or secondary street, and is not separated from the said thoroughfare or street by a lot or a tier of lots, and which is specifically so designated and approved as such on the plat of the subdivision.
SUBDIVIDER. Any person, or his or her agent, engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this section. This term is synonymous with DEVELOPER or APPLICANT in this subchapter.
SUBDIVISION. The division of a parcel of land. All SUBDIVISIONS shall be classified as either a simple subdivision, exempt subdivision, minor subdivision, or major subdivision.
(1) SIMPLE SUBDIVISION. The sale or exchange of parcels or parts thereof, between adjoining lot owners where the sale or exchange shall not create additional building sites (an example of a SIMPLE SUBDIVISION might be adjoining landowners exchanging land in order to correct or straighten property lines but the resulting parcel cannot create a new building site because of lack of area, appropriate setbacks and the like). A SIMPLE SUBDIVISION shall be reviewed and approved by the Plat Officer. Any SIMPLE SUBDIVISION shall be depicted on a survey from a licensed state surveyor, and properly sealed.
(2) EXEMPT SUBDIVISION.
(a) A court ordered partition of land, or the conveyance of parcel(s) of land to one or both parties to a divorce proceeding where a court order provides for the disposition of marital assets. Any lot or parcel so created that does not conform to the subdivision or lot area requirements and restrictions of this subchapter shall not be eligible for further subdivision under the minor subdivision process. Any lot or parcel so created that does not conform to the lot area or dimensional requirements may not be eligible for an improvement location permit without a development standards variance granted by the Board of Zoning Appeals.
(b) The conveyance or division of land pursuant to a distribution of land to a devisee, legatee, or other heir pursuant to a last will and testament or intestate proceeding. Any lot or parcel so created that does not conform to the subdivision or lot area requirements and restrictions of this subchapter shall not be eligible for further subdivision under the minor subdivision process. Any lot or parcel so created that does not conform to the lot area or dimensional requirements may not be eligible for an improvement location permit without a development standards variance granted by the Board of Zoning Appeals.
(c) The sale or exchange of a parcel of land by contract, if the contract was executed prior to December 1, 1996.
(d) The division of a parcel of land by federal, state, or local government, or other entity with the powers of eminent domain, to acquire land for public purposes (an example would be the acquisition of land for a road project).
(2) MINOR SUBDIVISION. The division of a parcel that has not already been subdivided as a minor or major subdivision into three or fewer lots provided the requirements of § 153.155 are met.
(3) MAJOR SUBDIVISION. The division of a root parcel into any number of lots, provided the requirements of § 153.156 are met.
YARD. A space on the same lot with a building, which is open, unoccupied, and unobstructed by structures, except as provided in the Zoning Ordinance.
ZONING ORDINANCE. The County Land Use Ordinance, now or hereafter adopted, which divides the area within the county into districts, with regulations and requirements and procedures for the establishment of land use controls.
(Ord. 2020-13, passed 11-10-2020)
§ 153.146 CITATION OF STATE CODE.
It is intended that citations to a section of Indiana Code (I.C.) and the Indiana Administrative Code (I.A.C.) in this subchapter shall be deemed to refer to any amendments, replacements, and recodification of the sections cited to.
(Ord. 2020-13, passed 11-10-2020)
§ 153.147 PURPOSE.
In addition to the primary and secondary subdivision procedures and requirements specified in this subchapter, the following general requirements apply to all subdivisions, simple, exempt, minor, and major, as described below. The purpose of §§ 153.147 through 153.158 is to identify the zoning districts and conditions under which subdividing may occur in the jurisdiction pursuant to I.C. 36-7-4-701(a), as it may be amended, replaced, or re-codified.
(Ord. 2020-13, passed 11-10-2020)
§ 153.148 REQUIRED RESTRICTIVE COVENANTS.
Each final plat submitted to the Plan Commission for approval shall contain statements in the restrictive covenants providing for the following items.
(A) All utility easements and public rights-of-way, as dedicated on the face of the plat, shall be kept free of all permanent structures and the removal of any obstructions such as structures, trees, shrubbery, fences, or other installation thereon, whether temporary or permanent, by a utility company or the county, shall in no way obligate the utility company or the county in damages, or, to restore the obstruction to its original form.
(B) Before any lot or tract located within the subdivision may be used and occupied, such use or occupier shall first obtain from the Zoning Administrator the improvement location permit required by this chapter.
(C) Before any house or building on any lot or tract in the subdivision shall be used and occupied as a dwelling or as otherwise provided in subdivision restrictions, the developer or any subsequent owner of said lot or tract shall install all improvements serving said lot or tract as provided in said plans and specifications filed with the Plan Commission.
(D) Before any house or building on any lot or tract in the subdivision shall be used or occupied as a dwelling or as otherwise provided in the subdivision restrictions and zoning subchapter, the developer or any subsequent owner of said lot or tract shall first obtain from the Zoning Administrator the certificate of occupancy as required by this chapter.
(E) Prohibiting individual or collective injunctive action against nuisances such as noise, dust, or odors arising from normal agricultural operations which may abut or be near said subdivision.
(F) Prohibit owners or visitors from parking along the road in such a way that passage of farm machinery would be impeded.
(G) The approval of the County Health Department herein granted is subject further to compliance with 410 I.A.C. 6-8.3 and Chapter 52 as from time to time amended. Approval by the Health Department herein does not represent or warrant that any particular lot in this subdivision is suitable for an onsite sewage disposal system that would be in compliance with the applicable rules and regulations of the state and the county, and the determination of the suitability of such lot for such purposes is the sole responsibility of the purchaser of any such lot.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.149 SALE OF LAND.
No lot, tract, or parcel of land within any subdivision, as established by § 153.145, shall be offered for sale, nor shall any sale or contract for sale be given until such subdivision plans have been properly reviewed and officially approved by the Plan Commission and by the Board of Commissioners of the county.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.150 INSTALLATION OF IMPROVEMENTS.
No improvements, such as sidewalks, water supply, stormwater drainage, sewerage facilities, gas service, electric service or lighting, or grading, paving, or surfacing of any street shall be made within any subdivision platted after the effective date of this subchapter by any owner or owners, or his, her, or their agent, or by any public service corporation at the request of such owner or owners by his, her, or their agent until the plat for the subdivision and also the plans for the improvements have been properly reviewed and officially approved by the Plan Commission and by the Board of Commissioners of the county.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.151 DETAILED PLAN SUBMISSION.
Where a tract of land is proposed to be subdivided in several stages over a period of years, and the subdivider intends to request approval in parts, he or she shall, at the time of submission of the first part, submit a detailed plan of the entire tract to be eventually developed, with appropriate sectioning to demonstrate to the Plan Commission that the total design as proposed for the entire subdivision is feasible. The Plan Commission may give primary approval to the overall plan and secondary approval on the parts as submitted from time to time.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.152 PROVISIONS.
The provisions of this subchapter shall be held to be the minimum requirements necessary in the subdivision of land.
(Ord. 2020-13, passed 11-10-2020)
§ 153.153 RECORDING AND SURVEY REQUIREMENTS.
(A) Before any deed of conveyance containing a split is offered for record and which at the time of recordation will result in the creation of a new tax parcel, the deed and survey of the split shall first be presented to the Plat Officer for review and approval. If the deed meets the requirements of this subchapter and all other relevant portions of this chapter, the same shall be approved for transfer and legibly marked on the face thereof before the same shall be accepted for recordation by the Recorder of the county and for transfer by the Auditor of the county. There shall be no charge for the approval by the Plan Commission, but unless the deed of conveyance as required to be approved herein is so marked, the same shall not be accepted for recording or for transfer.
(B) The recordation of any deed under this section shall, in addition, require that an accurate survey of the property with a plat showing improvements shall be prepared and recorded contemporaneously with the deed.
(Ord. 2020-13, passed 11-10-2020)
§ 153.154 PROHIBITED RE-SUBDIVISION.
No lot created as a part of a minor subdivision, or the remainder of the root parcel from which the minor subdivision is created, shall be further subdivided from the date of creation of said lot in order to create a new lot through the minor subdivision provisions of this subchapter. Parcels may still be created as an exempt subdivision as defined in § 153.145. A lot created by a minor subdivision or as an exempt subdivision may be subdivided through the major subdivision process according to the provisions of this subchapter.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.155 MINOR SUBDIVISION DISTRICTS AND GENERAL REQUIREMENTS.
The following general requirements shall apply to all minor subdivisions.
(A) A minor subdivision shall be located in an A, R, C, or I district.
(B) Each lot in a minor subdivision shall be connected to a sanitary sewer system provided by a sanitary sewer utility, or have a soils report or an individual septic system approved for each lot by the County Health Department or the State Department of Health as the case may be. Alternatively, a lot need not have access to public sewer or such approval from the Health Department if the subdivider commits in the restrictive covenants for the subdivision to not using such lot for a residence.
(C) Each lot in a minor subdivision shall be connected to a public water system provided by a water utility, or connected to a private well according to the requirements of this subchapter.
(D) Any lot created as a part of a minor subdivision, including the remainder of the root parcel, if any, shall not thereafter be subdivided, re-subdivided, amended, or altered in such a way as to create an additional lot, except for an exempt subdivision as defined in § 153.145.
(E) Any minor subdivision, or lot created as a part of a minor subdivision, may be amended in order to adjust or relocate the platted property lines under the requirements of this subchapter, provided no new lot is created in the process.
(F) A minor subdivision may be amended by adding area not originally included in the minor subdivision, including adding area to a lot or lots created as a part of the minor subdivision, provided no new lot is created in the process.
(G) A lot created as part of a minor subdivision may be subdivided, re-subdivided, amended, or altered as apart of a major subdivision that otherwise meets the requirements of this subchapter.
(H) All other subdivision and lot area requirements of this subchapter shall be met.
(I) A minor subdivision may be approved for primary and secondary review by the Design Committee in lieu of the Plan Commission as permitted by I.C. 36-7-4-701. If the proposed plat does not involve the opening of a new public way and complies in all other respects with the subchapter, the Design Committee may grant primary approval without public notice or a hearing, subject to appeal to the Plan Commission. If no public hearing is necessary, notice of the Design Committee’s decision shall be given to interested parties as provided in I.C. 36-7-4-701 advising of their right to appeal to the Plan Commission. If the minor plat involves the opening of a new public way, the Design Committee shall conduct a public hearing after notice to interested parties as provided in I.C. 36-7-4-706 prior to primary approval.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.156 MAJOR SUBDIVISION DISTRICTS AND GENERAL REQUIREMENTS.
The following general requirements shall apply to all major subdivisions.
(A) A major subdivision shall be permitted in a R, C, or I district only.
(B) Each lot in a major subdivision shall be connected to a sanitary sewer system provided by a sanitary sewer utility, or have a soils report or an individual septic system approved by the County Health Department or the State Department of Health as the case may be.
(C) Each lot in a major subdivision shall be connected to a public water system provided by a water utility or individual well.
(D) A major subdivision, or a lot created as a part of a major subdivision, shall be amended, subdivided, or re-subdivided according to the provisions of this subchapter for major subdivisions.
(E) All other subdivision and lot area requirements of this subchapter shall be met.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.156
§ 153.157 DRIVEWAY SPACING.
For any new lot created by an exempt subdivision, or created under the minor or major subdivision provisions of this subchapter, the driveway providing access to the lot from a public right-of- way shall observe the minimum spacing requirements between driveways as stated in Table 11.1 of the INDOT Driveway Manual 2018, as may be amended, replaced, or re-codified. The minimum spacing requirements apply to all driveways accessing a public right-of-way, not just those rights-of-way under INDOT jurisdiction, except driveways accessing public rights-of-way within, and platted as part of, the subdivision.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.158 COUNTY ROAD RIGHT-OF-WAY.
Where a proposed exempt subdivision, minor subdivision, or major subdivision abuts a county road, the subdivider shall dedicate sufficient right-of-way from the centerline of the county road to equal 30 feet from the center of said road. The purpose of this requirement is to ensure sufficient right-of-way to maintain and improve the abutting county road, and to safely accommodate the driveway entrances, street entrances, and traffic created by the subdivision.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.159 PRIMARY PLAT PROCEDURES.
(A) Individual septic systems.
(1) A soils report shall be required for every minor or major subdivision where lots are planned to be served by an individual septic system to first determine the suitability of the soil in each proposed lot for a permitted septic system according to the rules of the County Health Department and applicable state regulations. The current methodology for determining the suitability of a septic system is to secure the services of a certified soil analyst who supervises the excavation of a hole in the ground to conduct visual and tests of the soil to determine suitability for an approved septic system. The methodology for conducting the tests and the tests that are required are subject to change by the County Health Department and/or the state. The approved methodology in testing in force at the time of the plat approval shall govern.
(2) The purpose of this requirement is to alert the developer that this determination should be made first as the suitability and location of an approved septic system may determine the size and layout of the lot lines and the suitability of any given lot for a building site. The requirements of this testing prior to preliminary plat approval is set out in division (C)(2) below. Once approval has been granted under this section for an approved septic system, said approval shall be non-revocable for a period of one year from the date of preliminary plat approval.
(B) Primary considerations. In order to make the most of opportunities related to the subdivision and to conserve time, effort, and expense, the owner or subdivider shall submit to the Plat Officer at an informal conference a sketch plan of the proposed subdivision. He or she shall consult with the Plat Officer, the County Surveyor, or appointed official, and other public officials prior to the preparation of the primary plat for the subdivision; the Master Plan for the county should be reviewed to determine how the primary plat will fit into the Master Plan. Requirements for major and minor streets; school and recreation sites; community facilities; shopping centers; sanitation, water supply, and drainage; and the relationship to other developments, existing and proposed, in the vicinity shall be determined in advance of the preparation of the primary plat. No land shall be subdivided for residential use unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Plan Commission, based upon recommendations of the State Department of Natural Resources, to be unsuitable for such use by reason of flooding or improper drainage.
(C) Primary plat. A subdivider desiring approval of a plat of a subdivision shall submit a written application, therefore, to the Plan Commission, such application shall be accompanied by the information, requirements, and plans set forth in this division (C) and division (D) below, all in accordance with the requirements set forth in this subchapter.
(1) Two copies of the completed application for minor or major subdivision approval form shall be submitted to the Plan Commission by the applicable filing deadline established by the Plan Commission by rule. At the time of filing, a fee, also established by rule, shall be paid to the Plan Commission. The Plan Commission shall retain one copy of the application which shall be attached to the primary drawings, the second copy shall be receipted and be retained by the subdivider as proof of payment. The subdivider shall deliver at least four prints of the primary plat drawing, one digital version of the primary plat along with four copies each of the soil survey map and the location map which shall be submitted as part of the primary plat to the Plan Commission office. The preferred size of a plat drawing shall be 36 by 24 inches, subject to staff review and approval. The Plan Commission may transmit a copy of the primary plat for review and approval to the following officials or agencies:
(a) County Highway Engineer and/or County Highway Supervisor, along with construction plans;
(b) County Surveyor;
(c) School Superintendent in whose district said plat is located;
(d) County Board of Health;
(e) State Department of Natural Resources; and
(f) Any other agency the Plat Officer considers to have an interest in the proposed subdivision, with request for comments from the agency.
(2) Each primary plat for a minor or major subdivision that is proposed to be served by individual septic systems for each lot shall contain a certification by the County Health Department that each lot has been tested by an approved methodology to determine the suitability of the soil and location for an authorized septic system for each lot. This provision for soil testing for sewage purposes shall not apply where the subdivision of a lot or parcel is ten acres or more. Each primary plat for a major subdivision shall connect to a public sanitary sewer system. Each primary plat for a major subdivision, or a minor plat that is to be served by a public sewer system, shall contain a certification from the entity providing such service that sanitary sewer service is available and has adequate capacity to serve the proposed subdivision.
(3) (a) The Plat Officer shall review the primary minor or major subdivision and advise the Plan Commission or Design Committee, as the case may be, as to whether the primary meets the requirements of the subchapter. The Plat Officer shall provide the subdivider with a copy of any such report. The subdivider shall then have the opportunity to correct any issues of non-compliance.
(b) On minor subdivisions, the Design Committee may proceed with primary review according to I.C. 36-7-4-701. On major subdivisions, the Plan Commission shall conduct a public hearing on the primary plat according to its rules, and I.C. 36-7-4-700 et seq.
(c) In making its decision, the Plan Commission or Design Committee, as the case may be, shall issue written findings of fact detailing the reasons for approval or denial. The findings shall be given to the subdivider. The Plan Commission or Design Committee, as the case may be, may approve the primary subject to conditions of approval that are reasonably necessary to satisfy the requirements of this subchapter.
(4) If the primary plat is approved by the Plan Commission or Design Committee, the applicant shall be authorized to proceed with the preparation of the secondary plat.
(5) Primary approval shall confer upon the applicant the following rights for a one- year period from the date of approval.
(a) The general terms and conditions under which the primary approval was granted shall not be changed.
(b) The said applicant shall submit on or before the expiration of the one-year period the whole or part, or parts, of said plat for secondary approval. In the event the subdivider fails to submit within the prescribed time a secondary plat, then the approval given the primary plat or the remaining portion of the primary plat shall lapse and be considered null and void.
(D) Primary plat requirements. A primary plat shall be provided by the subdivider and consist of the following:
(1) Soil survey map (information shall be obtained from or be prepared by the Natural Resources Conservation Service, also known as the NRCS) showing:
(a) Identification of all soil types located within the boundaries of the plat; and
(b) Descriptions of soil characteristics as named in the nation-wide classification system.
(2) Drainage map showing the topographical layout of the property and/or any subsurface drainage, open ditches, or located tiles;
(3) Location map (which may be prepared by indicating the following data on available maps) showing:
(a) Boundary line of the proposed subdivision indicated by a solid heavy line and the total approximate acreage involved;
(b) Subdivision name and location, specifying U.S. survey and township lines, county, and state;
(c) Any and all thoroughfares related to the subdivision; and
(d) Title, scale north arrow, and date.
(4) Primary plat showing:
(a) Name of the subdivision and location;
(b) Names and addresses of the owner, subdivider, and the registered land surveyor who prepared the plat;
(c) Streets, easements, and public rights-of-way on and adjoining the site of the proposed subdivision; showing the names and including roadway widths; approximate gradients; types and widths of pavement, curbs, sidewalks, crosswalks, planting strips, and other pertinent data;
(d) All lot lines adjacent to and abutting the subdivision, showing the subdivision or the developer’s name, or some other means of identification;
(e) Layout of lots, showing approximate dimensions and numbers;
(f) Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public, or community purposes;
(g) Easements and public rights-of-way, existing and proposed, showing locations, widths, and purposes;
(h) Building setback or front yard lines and dimensions meeting the requirements of the county road setback resolution;
(i) Location and size of nearest water main, sewer outlet, and other pertinent utilities, if applicable;
(j) Location, type, and minimum size of utilities, if any, to be installed;
(k) In instances where the subdivider plans to construct a common sewage treatment facility or a common water supply system, or both, the subdivider shall submit evidence to the Plan Commission that said preliminary plans have been submitted to the State Department of Environmental Management for their action;
(l) If the developer intends to install the improvements prior to the secondary approval of the plat of any portion of this primary plat, he or she shall submit the improvement plans and specifications as specified in § 153.162 along with the primary plat;
(m) Tract boundary lines showing dimensions, bearings, angles, and references to known land lines;
(n) Contours at vertical intervals of not more than five feet where the slope is greater than 10% and not more than two feet where the slope is less than 10%. Elevations shall be marked on such contours based on a datum plain approved by the County Surveyor, or on sea level datum;
(o) Location of existing structures within and immediately adjacent to the plat;
(p) Two copies of the primary outline of the deed restrictions and covenants that would be placed upon the subdivision;
(q) Landscaping plans and proposed limits on the location and intensity of signs, advertising, and off-street parking should be included in the case of a proposed subdivision for industrial or commercial use;
(r) Scale, north arrow, and date. The primary plat of the subdivision shall be drawn to a scale of 50 feet to one inch, or 100 feet to one inch; provided, however, that if the resulting drawing would be over 36 inches in the shortest dimension, a scale as recommended by the Plan Commission may be used; and
(s) Such other data as the Plan Commission may by rule require. Any such rule shall be adopted by Plan Commission resolution only after a public hearing.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.160 SECONDARY PLAT PROCEDURES.
(A) Filing of secondary plat. Pursuant to I.C. 36-7-4-710, the Plan Commission delegates to the Design Committee the secondary approval of minor subdivisions, or to staff, as the Design Committee may direct. Otherwise, a subdivider desiring secondary plat approval shall submit the plat in the following procedure:
(1) The secondary plat shall be submitted to the Plan Commission for secondary approval by the applicable filing deadline established by the Plan Commission by rule no later than 14 days prior to the Plan Commission meeting at which secondary consideration is desired. The submission shall include the plans and specifications for the required improvements as set forth in division (B) below. All documents shall bear the approving signature of the County Surveyor, and/or appointed officials, and the transmittal to the Plan Commission and the Commissioners shall include a letter from the County Surveyor and/or appointed officials, describing such approval and setting forth an estimate to cover the cost of the proposed improvements for performance guarantee purposes.
(2) Upon review by the Plan Commission, the secondary plat shall be forwarded to the County Auditor for submission to the Commissioners with all recommendations from the Plan Commission attached. If the plat is given secondary approval by the Plan Commission, in a form acceptable for recording, the plat shall bear on the face of the plat the signatures of either the President, or Vice President, or the Executive Secretary (Director) of the Plan Commission along with the official seal of the Plan Commission, certifying secondary approval.
(3) In the event of disapproval, the Plan Commission shall set out in the Plan Commission minutes, and attach to a copy of the plat, the reasons for and specify the aspects of non- conformance with existing ordinances and notify the subdivider of the same no later than ten days following the date of the hearing. No plat shall be forwarded to the Commissioners until it has been approved by the Plan Commission.
(4) In instances where the subdivider proposes to construct a common sewage treatment facility or a common water supply system, or both, the Plan Commission shall not give secondary plat approval until the State Department of Environmental Management gives approval to the final engineering and construction plans for the facility and the Public Service Commission, in the instance where a common sewage treatment facility is to be constructed, has granted the subdivider or the appropriate corporation a certificate of territorial jurisdiction. Furthermore, where the subdivider proposes to construct a common sewage treatment facility and/or a common water supply system, the Plat Officer, upon receipt of the construction plans required in § 153.148, shall immediately deliver one copy of each of these plans to the County Health Officer.
(5) In the event secondary approval is denied, because of the interpretation of data supplied by the United States Department of Agriculture Soil Conservation Service or because of the recommendation of the State Department of Environmental Management, the subdivider may request in writing another hearing at which he or she shall provide additional evidence attesting to the adequacy of said plat. Said hearing shall be scheduled no later than 62 days after the hearing at which the original secondary plat was denied. Part of the said additional evidence shall be in the form of a certification from a professional civil engineer and/or land surveyor registered in the state, obtained at the subdivider’s costs, stating in effect that he or she, the engineer, has performed the tests and/or surveys, in the presence of a representative of, or in a manner meeting the approval of, the body whose recommendations caused disapproval, necessary to determine that in the engineer’s opinion, the area in question will provide adequate public health, safety, convenience, and general welfare of present or future owners of any lots, parcels, or tracts of the subdivision, providing that all improvements are installed according to the drawings submitted with the original secondary plat.
(6) The approval of the secondary plat improvements design by the Commissioners shall be indicated on the original tracing of the plat, to be filed for record, by the affixing of the signatures of the Commissioners; in the event of disapproval, the Commissioners shall set out and attach to a copy of the plat the reasons for and specify the aspects of nonconformance with existing ordinances and notify the subdivider of the same. A copy of the plat showing the Commissioners’ action shall be filed in the office of the Plan Commission.
(7) The approved secondary plat shall be returned to the County Auditor to be held until such time as the subdivider has:
(a) Posted the performance guarantee as set forth in division (D) below;
(b) Presented to the County Auditor a statement signed by the County Surveyor, County Highway Supervisor, or Engineer, or authorized official, stating that all utilities, facilities, and improvements have been installed in accordance with all requirements and provisions of this subchapter;
(c) Presented to the County Auditor proof of deposit of funds with an approved lender, such as the Veterans Administration or Federal Housing Authority, in an amount to guarantee installation and completion of said improvements;
(d) Presented to the County Auditor proof of the execution of contracts with contractors acceptable to the Board providing for the construction and completion of the improvements, as prescribed by this or any other state or federal laws, within a reasonable time from date thereof, said completion date shall be specified on the contracts; and
(e) Upon the compliance of the above requirements, the County Auditor shall release to the subdivider, or his or her agent, the approved secondary plat.
(B) Secondary plat requirements. The secondary plat shall be provided by the subdivider and shall meet the following specifications.
(1) The secondary plat may include all or only a part of the primary plat which has received approval. (A portion of the primary plat shall be filed as a secondary plat not later than one year after approval of the primary plat, otherwise such approval shall be void.)
(2) The original drawing of the secondary plat shall be drawn on any medium allowing it to be recorded and reproduced, and otherwise in such form and numbers as required by the Plat Officer.
(3) All elevations shall be referenced to the established datum, and the said reference shall be clearly stated on any plans or drawings showing such data, providing benchmarks are located within a reasonable distance.
(4) All dimensions shall be shown in feet and decimals of a foot.
(5) The following basic information shall be shown; all surveys for a secondary plat shall be made under the active and personal direction of a land surveyor, registered in the state:
(a) Accurate boundary lines, with dimensions and bearings or angles, which provide a survey of the tract, closing within the closure error tolerance as stated in 864 I.A.C. 1-12-1 et seq. One copy of the traverse calculations determining such closure shall be submitted with the secondary plat. Coordinates shall be established for all property corners;
(b) Accurate distances and directions to the nearest established street corner of official monuments. Reference corners shall be accurately described on the secondary plat;
(c) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract, shown by heavy solid lines;
(d) Accurate metes and bounds description of the boundary and the included area to the nearest one-hundredth of an acre;
(e) Public right-of-way line of streets, easements, and other rights-of-way, and property lines of lots and other tracts, with accurate dimensions, bearings, and curve data, including radii, arcs, and chords, points of curvature and tangency, and central angles;
(f) Name and right-of-way width for each street and other rights-of-way;
(g) Location, dimensions, and purposes of any easement shown by light, dashed lines;
(h) Number or letter to identify each lot or site;
(i) Purpose for which sites, other than residential lots, are dedicated or reserved;
(j) Building setback or front yard lines showing all dimensions;
(k) Floor elevation and location of each proposed building when in danger of inundation, subject to approval on recommendation of State Department of Natural Resources;
(l) Location, type, material, and sizes of all monuments and lot markers, including elevations related to mean sea level as established by the United States Geological Survey;
(m) Names of owners and mortgagees accepting said plat, with record owner or owners personally signing the plat, and all plans or drawings providing for the installation of the improvements;
(n) Reference to recorded subdivision plats of adjoining platted land by record name, date, and number, shown by medium dashed lines;
(o) Restrictions of all types which will run with the land and become covenants in the deeds for lots;
(p) Title, north arrow, scale, and date;
(q) Certification by a land surveyor with registration numbers and seal affixed to all documents of the secondary plat;
(r) Certification by the registered land surveyor stating that all lots conform to the requirements of the zoning district in which it is located;
(s) Certificate of dedication of all public streets and areas;
(t) Certificate for approval by the County Surveyor;
(u) Certificate for secondary approval by the Plan Commission;
(v) Certificate for approval by the Board of County Commissioners;
(w) Certificate for approval by the County Board of Health; and
(x) Such other data as the Plan Commission may by rule require. Any such rule shall be adopted by Plan Commission Resolution only after a public hearing.
(C) Secondary plat improvement plans and specifications. The secondary plat submission to the Plan Commission shall be accompanied by the plans and specifications for the improvements required under §§ 153.070 through 153.093. The plans and profiles of all streets, storm and sanitary sewers, water lines, and drainage structures, together with their drainage area, shall be prepared on standard plan and profile sheets and shall bear the seal and signature of the registered professional engineer and/or registered land surveyor responsible for their preparation. A cross-section of the proposed streets shall be included showing the widths of roadways, location and width of sidewalks, and the location of underground utilities. The plans shall show the lines of all proposed sidewalks and the locations of all proposed streetlights. The plans, cross-sections, and specifications for the proposed improvements shall be submitted to and approved by the County Surveyor, and/or appointed officials, prior to submission to the Plan Commission with the secondary plat. Four black or blue line prints of the approved documents shall be included with the secondary plat submission along with one digital print of the secondary plat. After the completion of the construction of the improvements, a set of prints showing the as-built details and changes, if any, shall be filed with the Plat Officer, or appointed official.
(D) Secondary plat performance guarantees. A performance guarantee shall be required from the subdivider in the amount of the estimate approved by the County Surveyor, or appointed official, for the cost of the proposed improvements. The performance guarantee shall run to the county and be with good and sufficient surety satisfactory to the Commissioners and as approved by the County Attorney, conditioned upon the installation of the required improvements within two years after the approval of the secondary plat. Filing of the actual bond or other security shall not be required until after the secondary plat approval, provided that sufficient information concerning the form of guarantee to be used shall be submitted with the secondary plat documents to provide ample surety to permit the approval of the Plan Commission and the Commissioners. A certificate indicating that the Commissioners have received said performance guarantee shall be forwarded to the Plan Commission for their record. In no case shall a certificate of occupancy be issued if the required streets and utilities are not in place to serve the affected lot.
(E) Alternative procedure in lieu of secondary plat performance guarantees. As an alternative procedure in lieu of performance guarantees, the developer of a subdivision may develop a subdivision as presented at the primary plat approval stage in phases of lesser size to enable the developer to construct onsite water, sewer, streets, and other improvements required by this subchapter in phases that match the phase being sought for secondary approval and place said improvements upon the real estate prior to requesting secondary plat approval for that phase. The number and size of lots to be encompassed with any phase shall be at the option of the developer subject to Plan Commission approval and it is contemplated that all improvements required for that phase shall be installed and located upon the real estate affected by that phase prior to the granting of secondary plat approval after which time the plat for that phase may be recorded and transfers of title may be sought subject to the recording of said secondary plat. In no case shall a certificate of occupancy be issued if the required streets and utilities are not installed to serve the affected lot being sold.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.161 MINIMUM DESIGN STANDARDS.
(A) General.
(1) The subdivider shall conform to the following principles and standards of land subdivision in the design of each subdivision or portion thereof which has not been officially recorded in the office of the Recorder of the county on or before the effective date of this subchapter.
(2) The design standards will encourage good development patterns and particularly the principles and standards which are generally exhibited on a map or maps developed and maintained by the Plat Officer in consultation with the County Highway Department. All proposed arterial thoroughfare locations as shown on such maps are recommendations only and shall not be used in determining the acceptability of a proposed subdivision. Every subdivision designed shall be in harmony with all applicable sections of the current Zoning Ordinance for the county.
(B) Streets.
(1) The street and alley layout shall provide access to all lots and parcels of land within the subdivision. Street jogs of less than 125 feet shall be avoided. Cul-de-sacs shall not exceed 500 feet in length, unless necessitated by prevailing conditions which create undue hardship, said hardship to be determined by the Plan Commission upon adequate showing by the subdivider.
(2) Local streets shall be designed so as to discourage through traffic.
(3) Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.
(4) Certain proposed streets, where appropriate, shall be extended to the boundary of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity.
(5) Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley shall be platted to the width herein prescribed within the proposed subdivision, unless the Plan Commission finds it unnecessary.
(6) Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed with the Board under conditions approved by the Plan Commission.
(7) Widths of street rights-of-way shall conform to the widths specified by the County Highway Department, attached hereto and made a part of this subchapter. These widths may be increased, or decreased, or varied in usual circumstances by the Plan Commission and the County Surveyor or appointed official.
(8) Half streets shall not be permitted.
(9) No dead end street shall be permitted where the same is in conflict with the Master Plan. Temporary dead end streets will be permitted where the approved primary plat shows that the street will be extended to conform to the provisions of this subchapter and/or to provide access to adjacent property where deemed necessary by the Plan Commission to provide for adequate flow of future traffic, provided the length of said dead end shall be not greater than 250 feet. A circular right-of-way in excess of the required street right-of-way at the termination of a dead end street shall not be required.
(10) Subdivisions that adjoin or include existing streets that do not conform to the required widths shall dedicate the adequate width along either side or both sides of said street so said street shall be in conformity with all provisions of this chapter.
(11) Streets shall be laid out so as to intersect as nearly at the right angles as possible.
(12) If the smaller angle of intersection of two streets is less than 60 degrees, the radius of the arc of the intersection of the property lines shall be as deemed advisable by the Plan Commission.
(13) (a) At the intersection of two streets, the property line corners shall be rounded by arcs with radii of not less than 20 feet or radius of such arcs.
(b) When one or more of the streets involved in an intersection is a limited access street, highway, thoroughfare, boulevard, or parkway, the foregoing minimum standards may be increased by the Plan Commission.
(14) At the intersection of a street with an alley, the property line corners shall be rounded by arcs with radii of not less than 15 feet or radius of such arcs.
(15) Intersection of more than two streets at one point shall be avoided.
(16) Where parkways or special types of streets are involved, the Plan Commission may apply special standards to be followed in the design of such parkways or streets.
(17) Whenever the subdivision contains or is adjacent to a railroad right-of-way or a highway designated as a “limited access highway” by the appropriate highway authorities, provision shall be made for a marginal access street, or a parallel street at a distance acceptable for the appropriate use of the land between the highway or railroad and such streets.
(18) Horizontal visibility on curved streets and vertical visibility on all streets shall be maintained along the center lines as specified by the County Highway Department.
(19) Horizontal curvature measured along the center line shall have a minimum radius as specified by the County Highway Department.
(20) All changes in grade shall be connected by vertical curves of sufficient radii to provide smooth transitions and required sight distances.
(21) Between reversed curves on all streets, there shall be a minimum tangent as specified by the County Highway Department.
(22) Maximum grades for streets shall be as specified by the County Highway Department.
(23) The minimum grade of any street gutter shall not be less than 0.25%.
(24) No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of an existing street within the county; unless a proposed street is an extension of or in alignment with existing streets, in which case the duplication shall be mandatory. In no instance shall any street name include the word “North,” “South,” “East,” or “West” unless it denotes that geographical direction.
(25) Alleys shall be discouraged in residential areas but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes; and, where platted, shall be at least 20 feet in width.
(26) Dead end alleys shall be avoided where possible, but, if unavoidable, shall be provided with adequate turnaround facilities at the dead end, as determined by the Plan Commission.
(C) Blocks.
(1) Blocks shall not normally exceed 1,320 feet in length, unless unusual circumstances justify greater length.
(2) Blocks shall be of sufficient width to permit two tiers of lots of appropriate depth, except where an interior street parallels a limited access highway, major street, or railroad right-of-way.
(3) No other specific rule is made concerning the shape of blocks, but blocks shall fit easily into the overall plan of the subdivision, and their design must evidence consideration of lot planning, traffic, flow, and public areas.
(4) Within blocks of over 700 feet in length, the Plan Commission may require, at or near the middle of the block, a public walk connecting adjacent streets or other public areas, shopping centers, and the like. Width of right-of-way for such walks shall be at least ten feet and shall be intended for the use of pedestrians only.
(D) Lots.
(1) All lots shall abut on a street which is accessible to an established public street already in use.
(2) Side lines 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 shall be avoided.
(3) Double frontage lots shall not be platted, except that where desired among primary or secondary streets, lots may face on an interior street and back on such thoroughfare. In that event, a planting strip, or a planting screen, at least 20 feet in width shall be provided along the rear of the lot, and the design shall be such that access to those lots shall be only from an interior street.
(4) Lot dimensions, areas, and building setback lines shall conform to and be not less than the minimum specified by the County Zoning Ordinance, as now or hereafter amended, for the district in which the lot is located; except where a main water supply system or a sanitary system is not available, and the lot area necessary to adequately provide for the efficient operation of a private water supply and/or sewage disposal system on the lot, would be greater, to be in accord with the County Board of Health and/or the State Department of Environmental Management, then their area recommendation shall become the minimum lot area.
(5) Wherever possible, a unit shopping center, based on sound development standards, should be designed in contrast to the platting of lots for individual commercial use.
(6) Corner residential lots should be wider than normal to permit appropriate setbacks from both streets. Interior residential lots abutting a corner lot should be wider than the average interior lot in order to permit a wider side yard adjacent to the corner lot.
(7) Residential lots fronting on arterial, primary, or secondary streets shall have extra depth to permit deeper building setbacks from such traffic arteries, as specified by the Zoning Ordinance.
(E) Utility easements.
(1) Where alleys are not provided, easements for utilities shall be provided. Such easements shall have a minimum width of 15 feet, and where located along interior lot lines, one-half the width should be taken from each lot. Before determining the location of easements, the plan shall be discussed with the local utility companies to assure the proper placing for the installation of services.
(2) Whenever a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a drainage right-of-way which shall be for the purpose of widening, improving, or protecting the stream at the subdivider’s expense. To ensure proper drainage right-of-way width, the following requirements shall be incorporated in the plat.
(a) In order to protect stream banks and/or located tile and allow for maintenance, an easement of 75 feet or more, as may be required by the County Surveyor, measured from the normal high bank on each bank of any ditch or creek, or centerline of located tile shall be provided.
(b) In order to protect riverbanks and allow for maintenance, an easement of 75 feet (or more as may be required by the County Surveyor), measured from the normal high bank on each bank of any river shall be provided.
(c) In order to allow for the creation of a new channel or drainage way, relocation of an existing channel, an easement of 100 feet (or more as may be required by the County Surveyor), measured from the normal high bank on both sides of said proposed channel shall be provided.
(d) The width of the drainage rights-of-way shall be adequate for any necessary channel relocations and straightenings and to determine adequacy, the drainage right-of-way shall be reviewed by the County Drainage Board. The drainage right-of-way shall relate as closely as possible to the requirements of the Master Plan. Parallel streets or parkways may be required in connection therewith.
(3) A guy line easement of sufficient width and length, as determined by the utility company, shall be provided. Said easement length shall be measured from the apex of the deflection angle.
(F) Ingress/egress easements. Where an easement is desired or necessary to serve a property not adjacent to a public road, the width of said ingress/egress easement or the deeded portion of the lot which serves as ingress and egress to said parcel shall be a minimum of 30 feet in width if the same services one lot. In the case of ingress/egress ways serving more than one lot, the minimum width shall be 60 feet.
(G) Public use areas. Where sites for parks, schools, playgrounds, or other public use areas, as shown in the Master Plan, or recreational space as required by § 153.088(F) are located within the subdivision area, the Plan Commission shall require that such areas be so designated on the secondary plat. (See § 153.088(F).)
(H) Topography, natural vegetation, and flooding.
(1) In the subdividing of any land within the jurisdiction, due regard shall be shown for all natural features, such as tree growth, watercourses, or other similar elements which, if preserved, would add attractiveness to the proposed development.
(2) The natural topography shall be retained wherever possible in order to reduce excessive runoff onto adjoining property and to avoid extensive regrading of the site.
(3) Floor elevations of all buildings shall be carefully studied in relation to existing 12-inch and larger caliper trees, and other pertinent site features.
(4) Consideration shall be given to varying the setback line required in the zoning district where the subdivision is proposed in order to retain wherever possible existing topography, rock formations, and large trees. Consideration shall be given only after the Board of Zoning Appeals has granted a building line variance for the affected subdivision.
(5) Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, or similar circumstances, the Plan Commission shall consider withholding approval of such lots.
(6) The Plat Officer shall review all proposed subdivisions to determine whether the subdivision lies in a flood prone area as defined in §§ 153.105 through 153.129. If the Plat Officer finds the subdivision to be so located, the Plan Commission shall forward pertinent plans and materials to the State Department of Natural Resources for review and comment. The Plat Officer or Plan Commission may require appropriate changes and modifications to the subdivision proposal in order to comply with the requirements of §§ 153.105 through 153.129.
(7) All subdivision plats containing lands identified elsewhere by ordinance as flood prone areas shall have the elevation of the 100-year flood listed thereon.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.162 IMPROVEMENT REGULATIONS.
(A) General. Utility and street improvements shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements described in the following sections.
(B) Streets, street lighting, and signs.
(1) Streets shall be completed in accordance with the plans, profiles, specifications, and cross-sections prepared for the subdivider by a professional civil engineer and/or registered land surveyor duly registered in the state and as approved by the County Highway Supervisor or Highway Engineer, or appointed officials. In no event shall any street plan be approved unless the entire improvement width is proposed to be installed within the proposed subdivision.
(a) The streets shall be surfaced to a minimum width according to the type of street, as specified by the County Highway Department.
(b) Curb and gutter shall not be permitted to be installed along the edges of streets having a total improvement width of less than 27 feet, except in the case of marginal access streets. However, curb and gutters shall be installed in conformity with specification provided by the County Highway Department.
(c) 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 the current edition of the State Department of Transportation Specifications. Streets shall comply with the minimum standards specified by the State Department of Transportation or by the County Highway Department according to the respective jurisdictions of those departments. Grading for street improvements shall not create soil slopes exceeding a vertical rise of one foot for each two feet of horizontal distance unless retaining walls are to be provided.
(d) The street surface shall be of concrete or a flexible pavement and shall be constructed in accordance with design characteristics at least equal to those specified by the County Highway Department.
(e) Prior to the construction of street or alley pavements, adequate surface and subsurface (if required) drainage shall be installed by the subdivider. Pipe used for drainage purposes shall be of a treated corrugated metal, reinforced concrete, or extra strength vitrified clay of an approved design, size, and strength to meet the requirements of the specific conditions which may be encountered. Minimum diameters of pipe to be used shall meet the requirements of the specific conditions which may be encountered, and shall be approved by the County Highway Supervisor or Engineer, or appointed official.
(f) All construction shall be completed in accordance with the specific conditions in the agreement for improvements and the accepted plans and specifications, and in a manner acceptable to the authorities having jurisdiction. When changes from the accepted plans and specifications become necessary during construction, written approval from the authorities having jurisdiction shall be secured prior to the execution of such changes and four copies of the approved revised drawings shall be submitted to the Plat Officer for distribution.
(2) Provisions for easements shall be made by the subdivider for the future lighting of public streets within the subdivision in accordance with the standards and requirements of the county and the electric utility.
(3) (a) Appropriate metallic street signs and guide and regulatory signs with reflectorized lettering mounted on metallic posts and as specified by the county shall be installed by the subdivider at all street intersections on diagonally opposite corners so that they will be on the far right-hand side of the intersection for traffic on the more important streets. Signs indicating both streets shall be erected at each location mounted as close to the corner as practical, facing traffic on the cross street, with the nearest portion of each sign not less than one foot nor more than ten feet back from the curb line.
(b) Before the secondary plat is approved, the subdivider shall submit to the Plan Commission a statement from the local postmaster approving the names of the proposed streets and of the proposed systems of postal address along such streets.
(C) Curbs and gutters.
(1) Concrete curb and gutter shall be provided along the outside edge of all street pavements in subdivisions where the density of development is one and one-half lots per gross acre or greater.
(2) Curbs and gutters, if necessary, shall be installed by the subdivider in compliance with the approved plans, profiles, and cross-sections. They shall be constructed of concrete, and they shall be at least 24 inches wide and not less than six inches thick where the curb abuts the street pavement.
(3) Curbs and gutters shall be constructed in conjunction with the street pavements on all streets where parking is to be permitted.
(4) Curb construction for concrete pavements shall be integral. Roll-type curbs shall be permitted where the distance between the back of the curb and the nearest sidewalk is at least three feet on residential and feeder streets.
(5) All plans for the installation of the curb and gutter shall conform to all applicable sections of this subchapter and shall be approved by the County Highway Supervisor or Highway Engineer, the Plan Commission, and the Board of Commissioners prior to the installation.
(D) Sidewalks.
(1) Sidewalks on each side of a street shall be provided within a subdivision when the major subdivision averages two lots or more per gross acre. Sidewalks on both sides of the street shall be provided within a major subdivision when the subdivision averages less than two lots per gross acre, provided, however, the Plan Commission may waive the above requirements in those subdivisions with less than two lots per gross acre and only upon showing by the developer that the sidewalks will serve no specific purpose or future need. Sidewalks shall be of cement concrete with a minimum thickness of four inches with six-by-six #10 wire mesh or three-eighths of an inch metal reinforcement rod 18 inches on center both ways on a four foot, and the edge of walks adjacent to the property line of the street shall be placed at least one foot from the property line within the street right-of-way.
(2) Crosswalks within the blocks shall be improved with a four-foot walk of either concrete four inches thick or four-inch compacted aggregate base. The base should be extended beyond sidewalk on either side to a distance equal to depth of base.
(3) If for any reason sidewalks are not provided, the street grade shall be completed so that the minimum amount of additional grading would be necessary for any future provisions of sidewalks.
(E) Sewage disposal. The developer shall install or cause to be installed a system for the disposal of sanitary sewage in the subdivision by one of the following means.
(1) A complete sanitary sewer system which shall convey the sewage into an established municipal or other public agency sanitary sewage disposal and treatment system, at a point and in a manner approved in writing by the municipal or other public agency involved. The plans for the complete installation of the sewage system showing all locations, material, size, profiles, and any connections thereto shall be prepared by a registered engineer and/or registered land surveyor at the expense of the subdivider or developer and shall be approved by and meet the requirements of the affected municipal or other public agency and the County Board of Health and State Department of Environmental Management.
(2) (a) A complete sanitary sewage system to convey the sewage to a treatment plant provided by the developers or others in accordance with the requirements of the County Board of Health or the State Department of Environmental Management.
(b) A complete sanitary sewer system which shall connect into the sanitary sewage disposal system of a sewage disposal company which shall hold, at the time of plat submission, a certificate of territorial authority issued by the Public Service Commission of the state authorizing such sewage disposal service for the area in which the subdivision is located. The plans for the complete installation of the sewer system both within the subdivision and any off-site installations serving said subdivision showing all locations, size, material, profiles, and capacities, shall be submitted to and approved by the County Board of Health and/or the State Department of Environmental Management.
(c) If the developer submits proper evidence to the County Health Department that neither of the above forms of sewage disposal and treatment is possible or economically feasible, then the developer shall be permitted to use a private sanitary sewage disposal system on each individual lot when installed in accordance with the design standards and approval of the County Board of Health.
(3) The subdivider shall furnish the Plan Commission a complete set of plans and profiles as approved by the various authorities.
(F) Water supply. The developer shall install, or cause to be installed, a water system for the subdivision by one of the following methods.
(1) A complete water main system which shall be connected to a public or other community water supply which is approved by the County Board of Health and/or the State Department of Environmental Management. The plans for the complete installation showing size, location, depth, material, and all connections thereto including fire hydrants, shall meet the requirements and receive the approval of the County Board of Health and/or the State Department of Environmental Management.
(2) (a) A community water supply system including well, pump, and all appurtenances thereto, necessary to supply a minimum pressure of 40 pounds per square inch. The plans showing location, depth, size, and material of mains, valves, and connections thereto shall meet the requirements of and be approved by the County Board of Health and/or the State Department of Environmental Management; or
(b) A complete water main system which shall connect into the water main system of a utility company which shall be authorized to operate within the area in which the subdivision is located and which shall be subject to the control of the Public Service Commission of the state. The plans for the complete installation of the water main system within the subdivision showing size, location, depth, material, and all connections thereto, including fire hydrants, shall be approved by and meet the requirements for the County Board of Health and/or the State Department of Environmental Management.
(3) If the developer submits proper evidence to the County Health Department that neither of the above forms of water supply is possible or economically feasible, then the County Health Department Board shall permit an individual water supply on each lot in the subdivision subject to compliance with all requirements and approval of the County Board of Health and/or the State Department of Environmental Management.
(4) The subdivider shall furnish the Plan Commission with a complete set of plans and profiles as approved by the various authorities.
(G) Privately developed facilities. Where the subdivision is to contain sewers, sewage treatment facilities, water supply system, park areas, or other physical facilities which will not be maintained by existing public agencies, provision shall be made by trust agreement, which is a part of the deed restrictions and which is acceptable to the proper public agencies, for jurisdiction over the continuous maintenance, supervision, operation, and reconstruction of such facilities by the lot owners in the subdivision. Other restrictions not inconsistent or in conflict with the provisions of this report or ordinances of the county may also be included.
(H) Storm drainage.
(1) Adequate surface and subsurface drainage ways for the removal of stormwater shall be provided by the subdivider. The extent to which storm drainage facilities shall be required shall be based upon an analysis of need prepared for the subdivider by a registered professional engineer and/or registered land surveyor. The analysis shall be based upon the HERPICC method of computing stormwater runoff using the one-hour rainfall to be expected at a ten-year frequency. Times of concentration, soil infiltration rates, and other variable factors to be used in the analysis shall be discussed with and approved by the County Surveyor during the preliminary consideration of the subdivision. The engineer (or his or her agent) preparing said analysis shall provide the County Surveyor with a copy of the computations used in the completion of the analysis.
(2) A stormwater sewer system, which shall be separate and independent of the sanitary sewer system, with surface inlets, shall be provided by the subdivider in all cases where curb and gutter is to be installed and whenever the available evidence indicates that such a system is necessary due to the inadequacy of the natural surface drainage.
(3) Distance from streams or main drainage channels: Any person proposing to locate a structure or a use within 100 feet of any stream or main drainage channel in any zoning district shall include with the application for an improvement location permit and/or a certificate of occupancy a statement from the State Department of Environmental Management, based on a study of the watershed area and the probable runoff, that the structure or use in the proposed location will leave adequate space for the flow of floodwater, provided, however, that no building shall be permitted within 75 feet of the top of the bank of any stream or main drainage channel unless permitted by the County Drainage Board.
(4) The subdivider shall furnish the Plan Commission a complete set of plans and profiles as approved by the various authorities.
(5) All plans and workmanship shall be in compliance with the State Drainage Code, I.C. 36-9-27, and all acts supplemental and amendatory to it.
(I) Public utilities.
(1) All utility lines for telephone and electric service, when carried on overhead poles, shall be provided for with rear and side lot line easements. Gas mains shall be located within line easements or on public rights-of-way.
(2) Where telephone and/or electric service lines are to be placed underground throughout the subdivision, the conduit or cables shall be located within easements or public rights-of-way and in a manner which is in agreement with the utility companies and in compliance with the State Public Service Commission regulations. Furthermore, all transformers and terminal boxes shall be located so as not to be hazardous to the public.
(3) All excavations for public utilities made under paved areas shall be properly backfilled with approved granular materials thoroughly compacted in place, subject to the approval of the County Highway Supervisor and/or Engineer.
(J) Landscape development. All unpaved or otherwise unimproved areas within the public rights-of-way or public use areas shall be graded and seeded in an approved manner.
(K) Monuments and markers.
(1) Permanent monuments shall be set:
(a) At the intersection of all lines forming angles in the boundary of the subdivision; and
(b) At the intersection of street right-of-way lines and at the beginning and end of all curves along street right-of-way lines.
(2) Markers shall be set, unless otherwise located by a monument:
(a) At all points where lot lines intersect street right-of-way lines;
(b) At all angles in the lot property lines; and
(c) At all other lot corners.
(3) Monuments placed for the plat shall be as stated in 864 I.A.C. 1-12-18 et seq.
(4) Monuments and markers shall be provided by the subdivider and so placed that the center point shall coincide with the intersection of lines to be marked and the top level with the surface of the surrounding ground after final grading.
(L) Cluster development. In order to promote the health and general welfare of the county and to preserve and make available open space, the Plan Commission may grant a developer the right to vary the residential building density within a tract to be developed, leaving a substantial area free of building lots; the right to vary density shall, however, be subject to the following conditions:
(2) Overall density shall not exceed that of the zoning district in which the land occurs. The houses in the proposed subdivision shall be grouped in clusters. The minimum lot area shall be two-thirds of the minimum normally required in the zoning districts in which the land occurs. Minimum yard requirements in a cluster development shall be:
Yard Type
|
Requirement
|
Front yard | 10 feet |
Rear yard | 15 feet (or as otherwise determined to be in general compliance with the County Zoning Ordinance) |
Side yard | 8 feet (except that garages and carports upon adjacent lots may join at the property line or be grouped on land away from the individual lot) |
(3) In cases where a developer has designed special groups of dwellings and garages, the Plan Commission, after inspecting plans and elevations, may grant smaller lot minimum sizes than those in division (L)(2) above, provided that the sanitary systems are approved by the County Board of Health and/or the State Department of Environmental Management, or appointed official, that the overall density does not exceed that permitted within the zoning district in which the land occurs or that the layout is not detrimental to the health and general welfare of the community.
(4) (a) The balance of the land not contained in the lots or within the road rights-of-way shall be contiguous and of such condition, size, and shape as to be usable for recreation. Such land shall be held in corporate ownership by the owners of lots within the development, and the developer shall incorporate into the deeds of all property within the development a clause giving to the owners an interest in such open land which shall be used for recreational purposes only. (No structure except those incidental to the recreational use shall be permitted thereon.)
(b) Open land shall be a minimum of one and one-half acres (and shall be subject to taxation). In the case of such tracts of three or more acres, the developer may petition the county to maintain the land to be used as open space.
(M) Recreative space requirements. The provision of § 153.088(F) are hereby incorporated herein and shall be deemed an additional requirement of each affected subdivision.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999
§ 153.163 ADMINISTRATION.
(A) Purpose. Five offices of the government of the county are concerned with the administration of this subchapter. For purposes of clarity, these offices, along with their pertinent functions, are described in this section.
(B) Plan Commission. The County Plan Commission shall:
(1) Enforce the provisions of this subchapter in the manner and form and with the powers provided in the laws of the state;
(2) Review the primary, secondary, and minor plat applications and respective modifications; and
(3) Appoint a Plat Officer, who shall:
(a) Maintain permanent and current records of this subchapter, including amendments hereto;
(b) Receive and file all sketch plans, primary plats, minor plats, and secondary plats (together with applications);
(c) Forward copies of the primary plat, the minor plat, and the secondary plat to other appropriate agencies for their recommendations and reports;
(d) Assimilate all comments, recommendations, and reviews from the applicable county officials and make a recommendation for action to the Plan Commission on every subdivision plan or plat which the Plan Commission is to consider. The recommendations will either be for approval, disapproval, or deferral. Reasons for the recommendation shall be clearly stated;
(e) Receive and file copies of all secondary plats and check their compliance with the primary plan;
(f) Receive “as built” plans, as outlined in § 153.159(C), and forward prints of such plans to the proper governmental departments;
(g) Inspect and make recommendations concerning approval or disapproval of streets and improvements, in accordance with the provisions of this subchapter; and
(h) Make all other determinations required of him or her by the regulations herein.
(C) Highway Department. The Highway Supervisor or Highway Engineer shall:
(1) Review and advise the Plan Commission on the submitted drainage details in accordance with the provisions of this subchapter and as required by applicable county ordinances;
(2) Make inspections of streets and improvements during their construction, in accordance with the provisions of this subchapter; and
(3) Inspect and make recommendations concerning approval or disapproval of streets and improvements in accordance with the provisions of this subchapter.
(D) Surveyor’s Office. The County Surveyor shall:
(1) Check and advise the Plan Commission on all subdivision storm drainage plans, in accordance with the provisions of this subchapter; and
(2) Inspect and make recommendations concerning approval or disapproval of streets and improvements, in accordance with the provisions of this subchapter.
(E) Health Officer. The Health Officer, or his or her authorized agent, shall:
(1) Make recommendations in regard to minimum lot size in instances where sewage treatment or domestic water facilities are to be installed separately on each individual lot; and
(2) Make recommendations regarding the feasibility and location of common sewage treatment or domestic water facilities in accordance with the provisions of this subchapter.
(F) Board of County Commissioners. The Board of County Commissioners shall:
(1) Accept subdivision performance bonds or escrow as required herein; and
(2) Accept into the county highway system streets and improvements designed and constructed in accordance with the provisions of this subchapter.
(Ord. 2020-13, passed 11-10-2020)
§ 153.164 PERMITS AND CERTIFICATES.
(A) Improvement location permit and certificate of occupancy. No improvement location permit or certificate of occupancy shall be issued by any governing official for the construction of any building, structure, or improvement to the land or any lot within subdivision as defined herein, which has been approved for platting or replatting, until all requirements of the Zoning and Subdivision Ordinances have been met.
(B) Suggested certification forms. To entitle a secondary plat to be recorded, such certificates as required by law shall be lettered or printed on the secondary plat. This section lists certificates, some of which shall be placed on every plat, other certificates are optional and serve as a guide only.
(1) Each secondary plat submitted to the Plan 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 and designated as______________, an addition to______________. All streets, alleys, parks, and other public lands shown and now 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.” | |
Witness our hands and seals this _________ day of ________________, 20______. | |
___________________________________ ________ | |
___________________________________ ________ | |
___________________________________ ________ | |
STATE OF INDIANA ) ) SS COUNTY OF ADAMS ) | |
Before me, the undersigned Notary Public, in and for the said County and State, personally appeared _______________, __________________, and __________________, and each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed; for the purposes therein expressed. Witness my hand and Notarial Seal this __________ day of _________, 20___. | |
(2) Each secondary plat submitted to the Plan Commission for approval shall carry a certificate signed by a registered land surveyor in substantially the following form:
I,____________, hereby certify that I am a Registered Land Surveyor, licensed in compliance with the laws of the State of Indiana; that this plat correctly represents a survey completed by me on ___________, that all the monuments and material are accurately shown. |
(SEAL) ______________________________________________ |
(3) Plan Commission approval of secondary plats shall appear substantially as follows:
I hereby certify that under I.C. 36-7-4-700 series, after proper publication of Public Notice and hearing, this plat was given secondary approval on ___________, 20________. |
Designated Official ___________________________________________________ |
Plan Commission |
(4) Board of Commissioners approval shall appear substantially as follows:
APPROVED |
BOARD OF COMMISSIONERS OF THE COUNTY OF ADAMS, INDIANA |
_________________________________________________ |
_________________________________________________ |
_________________________________________________ |
This __________ day of _______________, 20________. |
(5) County Surveyor approval shall appear substantially as follows:
APPROVED |
COUNTY SURVEYOR OF THE COUNTY OF ADAMS, INDIANA |
__________________________________________________ |
This _______ day of ______________, 20_________. |
(6) Board of Health approval shall appear substantially as follows:
APPROVED |
BOARD OF HEALTH THE COUNTY OF ADAMS, INDIANA |
_________________________________________________ |
_________________________________________________ |
_________________________________________________ |
This __________ day of _______________, 20________. |
(Ord. 2020-13, passed 11-10-2020)
§ 153.165 POST-APPROVAL PROCEDURES.
(A) Inspections.
(1) During the course of construction of the improvements, the subdivider shall be required to notify the County Highway Supervisor at least 24 hours before each of the following operations in order that the Supervisor may make required inspections:
(a) Before base material is deposited in place for inspection of all street subgrades, especially areas where backfilling was placed over subterranean construction and curb and gutter construction; and
(b) Before bituminous topping is placed on the base material for inspection of the base construction.
(2) It is essential that these inspections be made in order for the county to ascertain the quality of construction preliminary to accepting the improvements for public maintenance.
(3) No later than five days after the date of each inspection, the County Highway Supervisor shall notify the subdivider, in writing, of the results of the inspection.
(B) Acceptance of subdivision improvements.
(1) When the subdivider has completed construction of the improvements, he or she shall notify the Plat Officer by letter (in four copies) of this fact and formally request a final inspection by the County Inspecting Officials. In this letter, he or she shall briefly describe all the improvements, and he or she shall enclose four copies of the subdivision plan which shows these improvements as installed. No later than 14 days after the receipt of this letter by the Plat Officer, weather conditions permitting, the County Inspecting Officials shall make their inspections.
(2) Before acceptance of subdivision improvements, the Plat Officer, the County Surveyor, the County Highway Supervisor, and the County Health Officer, or his or her representative, shall inspect said improvements as described above and submit a report to the Board of County Commissioners on the condition of such improvements and a recommendation for their action thereon.
(3) No later than seven days after the final inspection of the subdivision improvements, the subdivider shall be notified by the Plat Officer in writing of the results of the inspection.
(C) Record of plats.
(1) After the enactment of this subchapter, no plat of any subdivision shall be permitted to be recorded by the Recorder of the county and no proposed plat of any subdivision shall have any validity, until it is approved as prescribed by this subchapter.
(2) The plat of any proposed subdivision shall be recorded for taxation purposes, within one year of the secondary approval date of the County Plan Commission, in the office of the Recorder of the county.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999