Owen County Unincorporated
City Zoning Code

SUBDIVISION CONTROL

§ 155.080 TITLE AND DEFINITION.

(A) Title. This subchapter shall be known as the “Owen County Subdivision Control Ordinance.”

(B) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MINOR SUBDIVISION. Any subdivision containing not more than four lots in which all lots have at least 50 feet of frontage on an existing street that is an improved right-of-way maintained by the county (or other local government) or access by a 50-foot access easement, not involving any new street, the extension of municipal facilities for nonresidential use, or the creation of any public improvements other than sidewalk or street trees, and not in conflict with any provision or portion of the Comprehensive Plan, official zone map, Zoning Code, or this subchapter.

SUBDIVISION. The division of a parcel of land into two or more lots, parcels, sites, units, plats, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. SUBDIVISION includes the division or development of land zoned for residential and nonresidential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.

(C) Divisions. The following kinds of divisions of existing parcels of land are herein called “administrative subdivisions.” Administrative subdivisions are exempt from most provisions of this subchapter, may not result in or require the creation of an easement or the installation of public improvements, and must be one of the following types of division:

(1) A division of land into two or more tracts of which all tracts are at least five acres in size;

(2) A division of land for the transfer of a tract or tracts to correct errors in an existing legal description, provided that no additional building sites other than for accessory buildings are created by the division;

(3) A division of land pursuant to an allocation of land in the settlement of a decedent’s estate or a court decree for the distribution of property;

(4) A division of land for federal, state or local government to acquire street right-of-way;

(5) A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional principal use building sites are created by the division. The lots so created hereunder shall have only one principal use building site each; and

(6) A division of land into cemetery plots for the purpose of burial of corpses. Administrative subdivisions, except type 4 and 6, are subject to the provisions of this subchapter, but shall be exempt from other provisions of this subchapter not specified or referred to in those sections.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.081 AUTHORITY TO RECORD PLAT.

The plat for a subdivision of land in the county shall be recorded only if it has been approved by the Advisory Plan Commission under the regulations of this subchapter.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.082 PREDESIGN CONFERENCE.

Prior to submitting an application under this subchapter, the applicant shall participate in at least one predesign conference with the Planning Department for the purpose of discussing in an informal manner the subdivision proposal, including street layout and design, storm water drainage and flood control, availability of water and sewage disposal, road cuts, this subchapter’s procedures, governmental agency permits required, and other planning issues raised in the conference. The applicant shall contact the Department and set up such a conference and prior thereto provide the Department with the location and acreage of the subdivision, number of proposed lots, applicant’s name, telephone number and mailing address, and the owner’s name. Following the conference, the Department shall prepare and send to the applicant a brief written summary of the issues discussed at the conference.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.083 PLAT APPROVAL PROCEDURE; WRITTEN APPLICATION.

A person desiring approval of a plat for the purpose of recording it shall submit to the Plan Commission a written application and preliminary plat that includes the following:

(A) Name of the subdivision;

(B) Names and addresses of the owner, the subdivider and the county planner, land planning consultant, engineer, or surveyor who prepared the plat;

(C) Tract boundary lines, with dimensions, bearings, angles, and references to section, township, and range lines or corners;

(D) Lot layout, showing dimensions and numbers;

(E) Parcels to be dedicated or reserved for schools, parks, playgrounds and other public or community purposes;

(F) Building setback lines;

(G) Streets and rights-of-way in or adjoining the subdivision, by name, width, approximate gradient, type and width of pavement and including curbs, sidewalks, crosswalks, trees, and other relevant information;

(H) Location, width and purposes of easements;

(I) Location and approximate size or capacity of utilities;

(J) Contours at vertical intervals of five feet;

(K) Legend or notes;

(L) Other features significantly affecting the subdivision;

(M) Scale, north point and date;

(N) Phases, if any, in which the subdivision is to be constructed;

(O) Drainage plan prepared and certified by registered professional engineer pursuant to state law;

(P) Location, owner, zoning and use of adjacent properties, including location, size and use of all buildings within 50 feet of the lot line;

(Q) A description of the protective covenants or private restrictions, if any, to be included in the plat;

(R) A list of all owners (with addresses) of adjacent property as they appear in the current records of the County Auditor including 911 address;

(S) Street cuts onto county or state roads;

(T) Source of title, as shown by the most recent entry in the books of the County Recorder;

(U) The flood plain boundaries, if applicable, indicating the classification of each flood plain area; and

(V) The location, size, elevation, capacity, and other appropriate description of all existing or proposed permanent and significant features, either natural or man-made, including but not limited to trees, watercourses, falls, beaches, historic places, rock formations, streets, sewers, drains, water bodies, swamps or other wetlands, railroads, transmission towers, existing structures, county ditches, legal drains, water mains, culverts, utility lines, fire hydrants, drainage structures, and water elevations (including approximate high-water and low-water elevations) of adjoining lakes, rivers and streams at the date of the survey (by reference to the USGS datum plane); the approximate size and capacity of utilities may be presented in a note on the plat.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.084 PRELIMINARY PLAT REQUIREMENTS; ATTACHMENT FOR PRIVATE SEWAGE DISPOSAL SYSTEM OR PUBLIC WATER SUPPLY.

(A) If a private sewage disposal system is to be used on any lot, the preliminary plat shall be accompanied by a statement, certified by a registered professional engineer, registered professional land surveyor, licensed architect, or County Health Department sanitarian, showing sufficient soil to allow for the proper installation of an on-site sewage disposal system for each tract or lot pursuant to state and county regulations.

(B) If a public water supply or sewage disposal system is to be used, the preliminary plat shall be accompanied by a letter from the utility company, signed by the President and Secretary, stating that the service will be available for the specified number of lots.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.085 PRELIMINARY PLAT REQUIREMENTS; FORM.

(A) The plat shall be drawn at a scale of 100 feet to one inch on a sheet or sheets 18 inches by 24 inches, except that when the drawing at that scale requires more than two sheets, the plat shall be drawn at a scale of 200 feet to one inch. Six copies of the preliminary plat shall accompany the written application for approval.

(B) The plat shall include a USGS topographic map at an appropriate scale showing the layout of the proposed subdivision and all existing subdivision, street and tract lines of acreage parcels of land immediately adjoining the proposed subdivision and between it and the nearest existing thoroughfare. It shall also show how streets in the proposed subdivision shall connect with existing and proposed streets in the neighboring subdivisions or undeveloped property to produce the most advantageous development of the entire neighboring area.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Res. 2007-27, passed 7-17-2007)

§ 155.086 PLAT APPROVAL PROCEDURE; FEE.

The applicant shall pay all fees by a certified check or money order for an amount specified by the Plan Commission.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.087 PLAT APPROVAL PROCEDURE; ACTION ON THE PRELIMINARY PLAT.

(A) The Plan Commission staff shall review the application and plat for technical conformity with the standards set forth in this subchapter, and within 30 days of receipt of the application for approval, announce the date for a hearing before the Plan Commission and provide notice in writing to the applicant. The applicant shall give notice by publication in accordance with I.C. 5-3-1 and provide notice by certified or registered mail to all owners of adjacent property as they appear in the current records of the County Auditor. The applicant shall pay all fees and costs associated therewith.

(B) If, after the hearing, the Plan Commission determines that the application and preliminary plat comply with the standards in this subchapter, it shall make written findings and a decision granting preliminary approval to the plat. The decision shall be signed by the President of the Plan Commission.

(C) If, after the hearing, the Plan Commission determines that the application and preliminary plat do not comply with the standards in this subchapter, it shall make written findings that set forth its reasons and a decision denying approval to the plat, and shall provide the applicant with a copy of same. The decision shall be signed by the President of the Plan Commission.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Ord. 2006-6, passed 3-6-2006)

§ 155.088 PLAT APPROVAL PROCEDURE; DEVELOPMENT PLAT.

(A) General construction plans shall be prepared for all required improvements. Plans shall be drawn at a scale of no more than one inch equals 50 feet and map sheets shall be of the same size as the preliminary plat.

(B) The following shall be shown:

(1) Profiles showing existing and proposed elevation lines of all street;

(2) Plans and profiles showing the locations and typical cross-section of street pavements including drainage easements, servitude, rights-of-way, and catch basins; the locations of street trees, street lighting standards and street signs;

(3) The location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems;

(4) Exact location and size of all water, gas, or other underground utilities or structures; location, size, elevation, and other appropriate description of any existing facilities or utilities, including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies, streams, flood plains, and other pertinent features such as wetlands, railroads, buildings (the water elevations of adjoining lakes or streams at the date of the survey, and the approximate high- and low-water elevations of such lakes or streams. All elevations shall be referred to the USGS datum plane;

(5) If the subdivision borders a lake, river, or stream, the distances and bearings of a meander line established not less than 20 feet back from the ordinary high-water mark of such waterways;

(6) Topographic contours at the same scale as the preliminary plat;

(7) All specifications and references required by the county’s construction standards and specifications, including an erosion control and site-grading plan for the entire subdivision; certification of approval; and

(8) Title, name, address, signature, registration number and seal of the professional engineer and/or surveyor, and date, including revision dates.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.089 PLAT APPROVAL PROCEDURE; SUBMISSION OF PROPOSED FINAL PLAT.

After approval of the preliminary plat, a proposed final plat shall be filed with the Plan Commission within two years of approval of the preliminary plat. Failure to file a final plat for approval within this time period will result in the preliminary plat and approval thereof being null and void. The proposed final plat may include all or a phase of the preliminary plat and shall meet the requirements set forth below.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.090 FINAL PLAT REQUIREMENTS.

A final plat shall include all of the information and detail of the preliminary plat, and in addition, shall include the following:

(A) Boundary lines by metes and bounds that provide a survey of the tract (with dimensions and angles);

(B) Existing or recorded streets that intersect the boundaries of the tract;

(D) Street names;

(E) Complete curve noted for all curves;

(F) Locations, types, materials, and sizes of monuments and lot markers;

(G) Plans and specifications for the improvements required by this subchapter;

(H) Restrictive covenants running with the land;

(I) Certification by a registered professional engineer or registered land surveyor that the plat adequately reflects his or her survey;

(J) Deed of dedication of streets and other property for public use. This provision does not require that the streets or easements must be dedicated for public use;

(K) Certificate of improvement or completion bond; and

(L) All final plats (administrative, minor and standard) shall be presented in permanent black ink on reproducible matte-finish Mylar or reproducible matte-finish polyester film, at least four mil thick, at an appropriate scale (as determined by the Planning Department) on 18 inch by 24 inch sheets. The sheets shall be numbered in sequence, if more than one sheet is used.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Ord. 2011-018, passed 7-18-2011)

§ 155.091 PLAT APPROVAL PROCEDURE; CERTIFICATE OF IMPROVEMENT OR COMPLETION BOND.

(A) Each final plat submitted to the Board of Commissioners shall be accompanied by one of the following:

(1) A certificate that all improvements and their installations have been completed in accordance with specifications set out in this subchapter. (On-site inspection shall be required before the Plan Commission hearing); and

(2) A bond or certificate of funds in escrow or irrevocable letter of credit (Ordinance 89-5 dated April 29, 1985) that:

(a) Runs to the county;

(b) Is in an amount set by the Plan Commission sufficient to complete the improvements and their installation in compliance with this subchapter;

(d) Specifies a completion date for said improvements.

(B) The county shall have the authority to move against said bond or certificate of funds in escrow in the event said improvements and these installations have not been met by the specified completion date. Any funds received from said bond or certificate funds in escrow shall be used to complete the improvements and their installation. Release of bond or other financial security noted above shall be approved by the Plan Commission only after a thorough inspection and written report(s) verifying that all improvements have been made pursuant to the plat approval submitted by the Planning Department, County Highway Superintendent, County Health Department or other applicable public/governmental agency.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.092 PLAT APPROVAL PROCEDURE; ACTION ON THE FINAL PLAT.

(A) The Department shall determine whether the final plat approval application is complete and shall promptly notify the applicant in writing of any deficiencies in the application.

(B) The Plan Commission shall approve or disapprove the final plat and make written findings to support its decision.

(C) If the final plat materially deviates from the approved preliminary plat, the subdivision shall be resubmitted to the Plan Commission for preliminary plat approval. Material deviation includes but is not limited to increase in number of lots; adds, removes or relocates an interior subdivision street; affects a condition of approval of the preliminary plat by the Plan Commission; or would require a waiver of these regulations or negate the basis for a modification that was granted. The following changes to an approved preliminary plat may be incorporated into a final plat or require only a final plat amendment if already approved; minor increase or decrease in the area of a subdivision; addition, removal or reconfiguration of an easement within the subdivision; and removal or reconfiguration of an internal lot line within the subdivision.

(D) Subdivisions involving public improvements or dedication of land to the public require action by the County Board of Commissioners. The Plan Department will place the subdivision on the Board public meeting agenda when the improvements are completed or when the assurances or executed agreements are provided.

(E) After the Plan Commission has granted final approval and after the county has accepted any public dedications, improvements, and/or assurances of performance and maintenance, the Commission’s seal shall be affixed to the final plat and the Secretary or, in the absence of the Secretary, the President shall sign the certificate of final approval.

(F) It shall be the responsibility of the subdivider to file the approved final plat with the County Recorder within 30 days of the date of execution of the certificate of final approval. Failure of the subdivider to file the plat, as herein provided, within 30 days shall constitute a violation of this subchapter.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.093 FINAL PLAT REQUIREMENTS; ACCURACY.

A final plat shall show boundary lines that are accurate to one foot in 5,000 feet.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.094 FINAL PLAT REQUIREMENTS; FORM.

(A) The final plat shall be prepared at the same size and scale as the preliminary plat.

(B) A final plat shall be filed with the Plan Commission accompanied by three black or blue line prints. A reproducible original shall be presented to the Commission for the required signatures. It shall then be returned to the petitioner.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.095 ADMINISTRATIVE SUBDIVISIONS.

The following information must be provided in order for the Director to determine whether a proposed subdivision may be approved as a type “1,” “2,” “3,” “4,” “5,” or “6” administrative subdivision:

(A) For type “1” administrative subdivisions, a metes and bounds legal description of the administrative subdivision and the land from which it is being divided, including the right-of-way and lot design and a copy of the Auditor’s plat map;

(B) For type “2” administrative subdivisions, the old legal and new legal descriptions and a copy of the Auditor’s plat map;

(C) For type “3” administrative subdivisions, a copy of the court decree showing by legal description how the land is to be divided;

(D) For type “4” administrative subdivisions, a legal description and plat, drawn to scale, showing the parcel and the location of the street right-of-way;

(E) For type “5” administrative subdivisions, a legal description, including not more than one exception or addition, a plat, drawn to scale, showing the tract to be divided and the tract(s) to be added to and a copy of the Auditor's plat map; and

(F) For type “6” administrative subdivisions, a plat, drawn to scale, of the cemetery showing the layout of the private drives, parking areas, and size of burial lots.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.096 ADMINISTRATIVE SUBDIVISION PROCEDURE.

(A) Administrative subdivisions are not subject to the subdivision procedures of these regulations beyond the classification and predesign conference requirement and the procedures and requirements set forth or cited in this section. However, administrative subdivisions are subject to the development standards set forth in this subchapter (such as, height, bulk, area, density and overlay regulations). And, all lots created through the administrative subdivision process must comply with such development standards in order to be developed or improved (except individual cemetery plots). Furthermore, subdivisions that would result in the amendment of a recorded subdivision plat are subject to the procedures and regulations for subdivision plat amendment and/or vacation and are not eligible for administrative subdivision. Excepting Type 3, 4, and 6 administrative subdivisions, the administrative subdivision procedures may not be used to render a conforming lot nonconforming or to increase a nonconformity. However, the procedures may be used to reduce the nonconformity of a nonconforming lot.

(B) In order for a land division to be considered an administrative subdivision, the information prescribed for the applicable type of division under these regulations shall be submitted to the Planning Department. The Planning Department shall be responsible for determining whether the submissions required by these regulations have been made and whether the proposed subdivision qualifies for administrative subdivision approval under these regulations.

(C) Before the deed of a parcel that is created through the administrative subdivision procedure may be initially recorded with the County Recorder, the Planning Department shall place a notation on the deed to the effect that the parcel was created through administrative subdivision procedure.

(D) In addition to definitional requirements, a land division qualifying as a Type 1 administrative subdivision shall be shown as meeting the following conditions:

(1) Lots shall be five or more acres in size.

(2) If the parcel does not have present access to a public sewage disposal system, the parcel shall contain within its boundaries sufficient soil of a kind specified in 410 IAC 6-8.1, or its successor, to allow for the proper installation of a private sewage disposal system, and shall comply with all county ordinances and Board of Health regulations concerning private sewage disposal systems.

(3) If the parcel has frontage on a public road, the land divider shall dedicate to the public real property of a width sufficient to meet one-half of the required right-of-way width for that specific public road and of a length along that public road equal to the length of that parcel along that roadway.

(4) Each parcel created by an administrative subdivision shall have a minimum lot width of 200 feet.

(5) If the parcel is to be used as a principal building site, and is to be accessed from a public road, the applicant shall provide the Director with copies of the driveway permit issued by the county or State Highway Department, as appropriate, for the parcel.

(6) All lots shall have a minimum of 50 feet of frontage on an existing publicly maintained road.

(7) Lots created by the administrative subdivision procedure may not be further subdivided through the administrative subdivision procedure if the resulting lots would be less that five acres.

(E) In addition to definitional requirements, a land division qualifying as a Type 5 administrative subdivision shall be shown as meeting the following condition: if the parcel has road frontage on a public road, the land divider shall dedicate to the public real property of a width sufficient to meet one-half of the required right-of-way and of a length along that public road equal to the length of that parcel along the roadway.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.097 MINOR SUBDIVISION SURVEY DRAWING.

(A) The minor subdivision survey drawing shall be presented in permanent black ink on reproducible matte-finish Mylar or reproducible matte-finish polyester film, at least four mil thick, at an appropriate scale (as determined by the Planning Department) on 18 inch by 24 inch sheets. The sheets shall be numbered in sequence, if more than one sheet is used.

(B) The survey drawing shall contain:

(1) The name of the subdivision, followed by the words “minor subdivision”;

(2) The name, address, telephone numbers and registration numbers of the professionals responsible for the design of the proposed subdivision, the design of the proposed public improvements, the property survey, and the preparation of the plat and supporting materials;

(3) The names and deed record of all interested parties;

(4) The written legal description of the property to be subdivided;

(5) The date of the plat, legend, notes, approximate true north point and graphic scale;

(6) The parcel boundary lines with dimensions, bearings, curve data, and references to section, township, and range lines or corners of the property to be subdivided;

(7) The boundary lines of all subdivision lots, with dimensions , bearings, curve data and lot numbers;

(8) Acreage of each lot, to the nearest hundredth (may be presented in a table);

(9) The accurate location of all existing and platted streets intersecting or abutting the boundaries of the property to be subdivided;

(10) The accurate locations and dimensions of any existing or proposed easements;

(11) The location of all monuments erected, corners, and other points established in the field shall be shown and noted in their places on the plat. The legend for metal monuments shall indicate the kind of metal, the diameter and length of the monuments;

(12) The surveyor’s certificate and seal;

(13) Reference to the county or state highway right-of-way, existing or dedicated as necessary, in the written legal description and illustrated on the drawing;

(14) The survey drawing shall be prepared by a land surveyor licensed by the state; and

(15) All numbers appearing on the survey drawing shall be in Arabic style and all letters and/or words shall be in Roman print in the English language.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Res. 2007-27, passed 7-17-2007)

§ 155.098 ALTERNATE PROCEDURE FOR MINOR SUBDIVISIONS.

(A) For subdivisions classified by the Planning Department as minor subdivisions, the applicant may choose to seek approval under the procedures of this section in lieu of those specified above.

(B) Following receipt of the Planning Department’s predesign conference report, the subdivider may apply for approval. An application for approval shall:

(1) Be accompanied by eight copies of the survey drawing as describes above together with the supporting materials as follows: a drainage plan; proof of septic permit approval; if any lot or road in a major subdivision is to receive access from or intersect with a state highway, a copy of the driveway permit or approval letter issued by the Indiana Department of Transportation or a copy of a driveway permit issued by the County Highway Department for each lot to be accessed by a county road; the recorded deed or land contract for the proposed subdivision site; the Auditor’s plat map of the proposed subdivision site; and an eight and one-half inch by 11 inch reduced copy of the preliminary plat;

(2) Be accompanied by the fee established by the Commission;

(3) Be accompanied by a copy of the deed prepared for each of the proposed lots. Each deed must contain at least the following information:

(a) Metes and bounds legal description with reference to any existing or proposed easements;

(b) Dedication of right-of-way, to the public, where applicable. Right-of-way dedication shall be of a width sufficient to meet one-half the required right-of-way width for that specific public road as indicated on the county thoroughfare plan or official map and of a length along that public road equal to the length of that parcel along that roadway; and

(c) The following notation: “This parcel was created through the minor subdivision procedure and approved by the County Plan Commission on (date of Plan Commission approval).”

(1) Review the application for technical conformity with these regulations;

(2) Prepare a report and recommendation, including recommended conditions of approval; and

(3) Place the application on the Plan Commission public meeting agenda and ensure that applicant notifies all interested parties as required by state law.

(D) The Plan Commission shall review the application for compliance with these regulations. The Plan Commission may approve the application, approve the application with conditions or deny the application. However, if the Plan Commission determines that the application and plat comply with these regulations, it shall grant preliminary approval. The Plan Commission shall prepare written findings of fact in support of its decision.

(E) The applicant’s proposed subdivision shall be subject to the procedures and requirements for final approval:

(1) The Planning Department shall disapprove or grant final approval of the minor subdivision petition and make written findings in support of its decision. In order to be recorded, the deeds and survey drawing must be found by the Planning Department to be in conformance with these regulations and with the preliminary or Plan Commission approval.

(2) Final approval may not be granted until the period to file a notice of appeal has passed without such an appeal being filed.

(3) After the Director has granted final approval, the Commission’s seal shall be affixed to the deeds and survey drawing.

(4) It shall be the responsibility of the subdivider to file the approved deeds and survey drawing with the County Recorder within 30 days of the date of final approval. Failure of the subdivider to file the deed(s) and survey drawing, as herein provided, shall constitute a violation of this subchapter.

(5) The subdivider, upon recording, shall provide the Planning Department with one copy of each recorded deed and survey drawing.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Ord. 2006-6, passed 3-6-2006) Penalty, see § 155.999

§ 155.099 CONDITIONS FOR APPROVAL OF FINAL PLAT; STANDARDS OF DESIGN.

The design standards required as a condition for approval of a final plat for a subdivision of land are specified in § 155.100 of this subchapter.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.100 STANDARDS OF DESIGN; APPROVAL OF STREETS.

(A) All streets shall be prepared in the manner prescribed in this subchapter to be considered for acceptance into the county highway system.

(B) The petitioner shall obtain a written review and approval of the proposed street layout and design from the County Highway Superintendent.

(1) Right-of-way: all rights-of-way shall be shown;

(2) Typical pavement detail shall indicate:

(a) Surface width and thickness;

(b) Base width and thickness;

(d) Shoulder width and slope;

(e) Ditch depth and grade per 100 feet expressed as a percent;

(f) Fill and cut slopes;

(g) Curb details (if used);

(h) Drainage structures, size and length;

(i) Run-off area and co-efficients used; and

(j) Cul-de-sac radius (if required).

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.101 STANDARDS OF DESIGN; LOCATION AND ARRANGEMENTS OF STREETS.

(A) The proposed street layout shall be reasonably related to the topography of the land so as to produce usable lots and streets and shall provide for access to all lots within the subdivision.

(B) Where appropriate, proposed streets shall be extended to the boundary of the subdivision to allow for normal circulation of traffic in the vicinity.

(C) Provisions shall be made for the continuation or projection of existing streets in the surrounding area except where impractical or undesirable because of topographical or design considerations.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.102 STANDARDS OF DESIGN; DEAD-END STREETS.

(A) Permanently dead-end streets longer than 600 feet, as measured from the center line of intersection streets are strongly discouraged. If allowed, they shall be provided at the closed end with a turn-around having a diameter of at least 80 feet or other arrangements for the convenient turning of vehicles.

(B) A street may be permitted to be temporarily dead-ended where it is proposed to be, and reasonably should be, extended beyond the plat limits, but has not yet been so constructed. Temporarily dead-ended streets shall be provided with a turn-around as set forth in division (A) of this section.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.103 STANDARDS OF DESIGN; ACCESS TO AREAS ABUTTING ARTERIAL STREETS.

If the area proposed to be platted abuts upon or contains an existing or proposed arterial street, the street plan shall provide vehicular access to each lot abutting upon the arterial street by one of the following means:

(A) A parallel street, supplying frontage for lots backing onto but separated from said arterial right-of-way by a screen planting or buffer strip;

(B) A cul-de-sac, or series of cul-de-sacs, entered from a street paralleling said arterial, with the terminal lots of the cul-de-sac backing onto the arterial right-of-way and separated from said arterial right-of-way by a screen planting or buffer strip;

(C) A marginal access street separated from said arterial by a screen planting or buffer strip, access to the arterial being provided at points suitably spaced;

(D) Any other reasonable means necessary to control the number and location of intersections with such arterials and provide adequate separation of through and local vehicular traffic;

(E) Access from lots to existing county roads shall be permitted only if adequate direct visibility is maintained each way from the point of access. These requirements are not necessary for access to the internal streets or plotted subdivisions; and

(F) Intersections with arterial streets may not exist at less than 500 foot intervals.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.104 STANDARDS OF DESIGN; MINIMUM RIGHT-OF-WAY WIDTHS OF STREETS.

Street rights-of-way shall conform in width with those specified by this subchapter:

(A) The minimum width of right-of-way shall be 40 feet.

(B) A subdivision that is platted along only one side of an existing street shall provide one-half of the minimum right-of-way, measured from the center line of the street.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.105 STANDARDS OF DESIGN; GRADES FOR STREETS.

(A) The steepest permissible grade for arterial streets shall be 15%.

(B) The Plan Commission may authorize steeper gradients based on topography upon application for waiver of this standard and for good cause shown.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.106 STANDARDS OF DESIGN; ALIGNMENT OF STREETS.

(A) Between reverse curves there shall be a tangent, measured along with center line, that is at least 100 feet long for arterial streets at least 40 feet long for feeder and local streets.

(B) Where a deflection angle of more than ten degrees in the alignment of a street occurs, a curve with the following minimum radius, measured along the center line, shall be provided:

(1) Arterial streets: 500 feet minimum radius;

(2) Feeder streets and parkways: 300 feet minimum radius; and

(3) Local streets: 200 feet minimum radius.

(C) Direct visibility shall be maintained along the center line of a street or parkway, measured five feet above center line as follows:

(1) State highway: 500 feet minimum slight distance;

(2) Arterial streets: 500 feet minimum slight distance;

(3) Feeder streets and parkways: 300 feet minimum slight distance; and

(4) Local streets: 150 feet minimum slight distance.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.107 STANDARDS OF DESIGN; SPECIAL TYPES OF STREETS.

The Plan Commission may prescribe appropriate standards for the design of parkways or other types of streets.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.108 STANDARDS OF DESIGN; INTERSECTIONS OF STREETS.

(A) Streets shall intersect one another as nearly as possible at right angles. In no case shall the angle of intersection be less than 60 degrees.

(B) Property line corners at street intersections shall be rounded at a radius of at least 15 feet, and at street and alley intersections, the Plan Commission may authorize a greater radius.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.109 STANDARDS OF DESIGN; ALLEYS.

(A) Alleys shall be provided in commercial and industrial districts where needed for loading and unloading or for access.

(B) Alleys shall be discouraged in residential districts.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.110 STANDARDS OF DESIGN; UTILITY EASEMENTS AND DEPTH.

Utility easements at least 11 feet wide shall be provided across lots or centered on rear or side lots, depending upon the needs of the appropriate utility. Where the easement is located along a lot line, one-half shall be taken from each lot. Underground utilities shall be buried at the depth of 32 inches or as otherwise required in Ordinance 200-( ), as amended.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.111 STANDARDS OF DESIGN; SIZES OF LOTS.

(A) All lots within a subdivision shall have a minimum size of one acre and shall have a minimum frontage of 200 feet.

(B) Where a public water system or private sewage system is not available, the Plan Commission shall require that percolation tests be made at the expense of the subdivider to assure proper operation of individual water systems and individual sewage disposal systems in accordance with county ordinances and regulations.

(C) All lots shall have a suitable relationship to street and block design and be compatible with the area’s physical conditions; and all lots shall have building setback lines which shall be established to compliment the developmental pattern of the subdivision but which may not be less than the following:

(1) Setback from road right-of-way of at least 75 feet;

(2) Setback from side lot line of at least 25 feet; and

(3) Setback from rear lot line of at least 25 feet.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.112 STANDARDS OF DESIGN; CORNER LOTS.

Corner lots for residential use shall have sufficient extra width to permit the minimum building setback from and proper orientation to both streets.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.113 IMPROVEMENTS; APPROVAL OF PLANS FOR AND CONSTRUCTION OF STREETS.

(A) Streets shall be graded, surfaced and improved to the dimensions required by this subchapter and the plans, profiles and cross-sections prepared by a registered civil engineer or a registered land surveyor.

(B) In order to be considered for dedication to the county as a public road, streets must be paved with a bituminous surface (not chip and seal) as set forth in § 155.114 of this subchapter. All streets must meet the minimum standards set forth § 155.114 of this subchapter. The design must be approved in writing by the County Highway Superintendent prior to application for development or construction plat approval.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.114 IMPROVEMENTS; CONSTRUCTION STANDARDS FOR STREETS.

(A) Applicability. All applicable provisions of the standard specifications of the Indiana Department of Highways apply.

(B) Pavement width. The minimum width of the surface shall be 18 feet. The minimum width of alleys shall be 12 feet.

(D) Grade. The sub-grade shall be free of all vegetation and roots. Al embankments shall conform to good construction practices and shall be constructed of material that will compact readily when rolled with a ten-ton roller or equivalent vibratory roller. All material will be placed in nine-inch lifts. The sub-grade prior to the placement of stone or gravel shall be rolled with a ten-ton roller (minimum) or equivalent vibratory roller and all spongy and yielding material shall be replaced with material suitable for compaction. All top-soil shall be removed.

(E) Drainage structures for driveways. Minimum size is 12 inches by 20 feet (squash-type pipe). All drainage area and co-efficients shall be shown for storm drainage.

(F) Ditches. The minimum shall be one-foot below the outer edge of shoulder on a 2:1 slope and of sufficient size to carry the surface water. Slopes of over 4% may require additional precautions to avoid erosion and shall be approved by the County Highway Superintendent.

(G) Storm water run-off, seeding and sodding. All disturbed areas shall comply with state and local storm water run-off and erosion control measures and may need to be seeded to prevent erosion.

(H) Curbs and gutters.

(1) If a proposed subdivision lies adjacent to or between other subdivisions that have been provided with curb and gutter or if it averages more than three lots per gross acre, curb and gutter shall be installed on each side of the street surface.

(2) The Plan Commission shall require the installation of gutters along the boundaries of parking lots so far as necessary for drainage control or public safety.

(I) Aggregate base.

(1) Minimum of four inches of #2 compacted aggregate conforming to Indiana Department of Highways specifications unless in a high moisture area where requirement may be increased by County Highway Superintendent.

(2) The above material shall be compacted with vibratory-type rollers.

(3) If sub-grade is of an unstable soil, it shall be undercut and with stone, conforming to Indiana Department of Highways specifications, placed in the removal area.

(4) The crown (slope) shall conform to the final surface crown (one-fourth inch per foot to surface base width).

(J) Gravel surface.

(1) Minimum of four inches of #53 compacted aggregate (stone).

(2) Compaction at 91%.

(3) The crown (slope) shall be at least one-fourth inch per foot of surface base width.

(K) Chip and seal. Two lays of number 9 stone and one lay of number 11 stone along with one and one-half gallon per square yard of emulsion,

(L) Bituminous surface and base. This standard applies to any street paved with bituminous surface and is required if the applicant intends to dedicate the streets to the county for public use.

(1) The minimum shall be 110 pounds per square yard (approximately one inch) of Hot Asphaltic Concrete, #11 stone. Type “B” (all stone).

(2) The minimum shall be 330 pounds per square yard (approximately three inches) in Hot Asphaltic Concrete, #9 binder stone.

(3) The surface and base material shall be placed by machine and rolled with a five-ton roller (minimum).

(4) The crown (fall of surface) shall be one-fourth inch per foot.

(5) The aggregate base shall be primed with RS-2 at a rate of approximately .10 gallon per square yard.

(M) Reinforced concrete pavement.

(1) The minimum thickness shall be seven inches.

(2) Reinforcing shall conform to the requirements of the Indiana Department of Highways specifications.

(3) Reinforced concrete pavement may be used in place of hot asphaltic concrete material.

(4) Construction requirements shall conform to the Indiana Department of Highways specifications.

(5) The sub-base shall conform to division (I) above.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.115 IMPROVEMENTS; INGRESS AND EGRESS FOR STREETS AND ALLEYS.

(A) The minimum street approach shall be required for all subdivisions.

(B) For developments of more than 25 housing units or lots, the approach dimensions shall be as determined by the County Highway Superintendent.

(2) The Plan Commission shall require the installation of gutters along the boundaries of parking lots so far as necessary for drainage control or public safety.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.116 IMPROVEMENTS; TURN-AROUND OR CUL-DE-SAC REQUIREMENTS.

Turn-around or cul-de-sac requirements shall be:

(A) Radius: minimum shall be 40 feet.

(B) Shoulders: two feet around cul-de-sac.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.117 IMPROVEMENTS; STREET AND TRAFFIC SIGNS.

(A) Street signs.

(1) At least one street sign shall be installed at each street intersection within the subdivision.

(2) Street signs shall conform to federal and state regulatory standards.

(3) Street signs shall be installed on the northeast corner.

(4) All street signs shall be erected by the County Highway Department.

(5) The cost of such street signs will be borne by the applicant/developer at the rate of $100 per sign and said fees shall be paid at the time of the application and filing of the preliminary plat.

(B) Traffic signs.

(1) It shall be required that all necessary traffic signs to control the flow of traffic inside the subdivision be installed by the County Highway Department prior to acceptance in to the county highway system. The location and type of traffic signs shall be as recommended by the County Highway Superintendent and specified by the Board of Commissioners.

(2) The cost of such traffic signs shall be borne by the applicant/developer at the rate of $100 per sign and said fees shall be paid at the time of the application and filing of the preliminary plat.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Ord. 2009-014, passed 8-17-2009)

§ 155.118 IMPROVEMENTS; SIDEWALKS.

If a proposed subdivision lies adjacent to or between other subdivisions that have been provided with sidewalks or if the subdivision will average more than three lots per gross acre, sidewalks shall be installed on each side of the street. If sidewalks are required, they shall be constructed according to county specifications.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.119 STORM AND SURFACE WATER DRAINAGE.

(A) Pursuant to state law, an adequate storm and surface water drainage system shall be installed. The plans for such a system shall be prepared by a registered professional civil engineer. In approving such a plan, the Plan Commission may require off-site improvement of drainage outlets to adequately handle the drainage from the subdivision. In such a case, a statement of review from the U.S. Soil and Water Conservation District shall be presented to the Plan Commission with the final plat.

(B) If, in the opinion of the Plan Commission, the natural surface drainage is adequate, easements for the natural surface drainage shall be provided.

(C) All areas designated by the State Department of Natural Resources as a part of the 100-year flood plan shall have all required permits from the Department of Natural Resources prior to approval of the final plat by the Board of Commissioners.

(D) Retention basin construction may be required prior to any construction in a subdivision at an appropriate location to collect any sedimentation or erosion that would be caused by building of roads or construction of buildings. The retention basin design shall be shown on the site plan and approved by the Plan Commission prior to construction. The basin shall be removed only after approval of the Planning Department.

(E) Permanent basin construction may also be required to meet state law.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.120 IMPROVEMENTS; WATER SUPPLY.

If an existing approved sanitary sewer outlet is available, a complete sanitary sewer system that connects with that outlet shall be installed. The plans for installation shall be approved by the State Board of Health and Sanitation Company (see Regulation HSE 14) and provided by the subdivider. Upon the completion of the system, the plans for the system as built shall be filed with the Plan Commissioner and the sanitation company.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.121 WAIVER AND LAPSE.

(A) Waiver. If, after the Plan Commission has denied preliminary plat approval, an applicant believes that a requirement imposed by this subchapter which was the basis for such denial would cause unnecessary hardship and that topographical or geological conditions at the site make possible some departure from the requirement without materially affecting its purpose, the applicant may petition the Board of Commissioners to that extent to authorize a waiver. Upon receipt of a written petition for waiver, the Board of Commissioners shall review the preliminary plat and application, and the decision of the Plan Commission in denying the application and plat, and place the petition for waiver on its public meeting agenda. The Planning Department shall provide notice of the hearing to interested parties as set forth above by publication and certified mail. The applicant, Planning Department, members of the Plan Commission, and interested parties will be given an opportunity to be heard at the public meeting prior to a decision to grant, deny or modify the petition for waiver. The Board of Commissioners will put in writing its decision and reasons supporting that decision, and direct the Planning Department to send the decision to the applicant. To be effective, a waiver and the reasons for it shall be recorded in the minutes of the Board of Commissioners.

(B) Lapse. If streets, water or sewer lines, or other improvements have not been substantially completed within two years of the approval of the subdivision, the subdivision plat shall be reviewed by the Plan Commission to determine the developer’s intent. A one-year extension may be granted for good cause or upon showing of substantial completion of the streets and water and sewer lines. If the Plan Commission determines the developer does not intend to proceed with the subdivision, the Plan Commission may file a notice of revocation with the recorded copy of the subdivision plat; or require the developer to post bond securing the completion of the planned improvements in such amount as the Plan Commission shall determine will adequately assure the county that the developer will complete said improvements within such specified period as is deemed appropriate by the Plan Commission.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.122 VALIDITY.

All ordinances or parts of ordinances in conflict herewith are hereby repealed as of the effective date hereof. The invalidity of any section, clause, sentence or provision of this subchapter shall not affect the validity of any other part of this subchapter. As used herein, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and neuter gender.

(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.123 SUBCHAPTER IN FORCE.

This subchapter shall be in full force and effect from and after its passage, approval, recording and publication as provided by law.