(1)   In addition to the requirements established in these regulations, the improvement of land shall comply with the following:

         (a)   Applicable statutory provisions;

         (b)   Applicable provisions of this chapter and all other laws of the applicable jurisdictions;

         (c)   The official comprehensive plan of the applicable jurisdictions, including all streets, trails, and parks shown on any official map(s);

         (d)   The rules and regulations of the State Board of Health, the Indiana Department of Natural Resources, Indiana Department of Environmental Management and other appropriate state agencies;

         (e)   Applicable planning and regulatory guidelines, including access control or driveway manuals, parking and traffic control ordinances, and other applicable guides published by the state or local governmental units;

         (f)   The current edition of the “Indiana Manual on Uniform Traffic Control Devices” for installation of traffic control devices;

         (g)   The rules of the Indiana Department of Transportation (INDOT) if the development or any lot contained therein abuts a state highway; and

         (h)   The Boone County Thoroughfare Plan, as amended.

      (2)   To assure, through careful site evaluation and design the creation of new parcels that are compatible with existing neighborhoods, the natural environment, health and safety of the community’s residents; the developer, contractor, and/or engineer for the project shall comply with the policies of the comprehensive plan, this chapter, Boone County Highway Design Standards, and the latest issue of the “Indiana Department of Transportation Standard Specifications” for material and construction control, except when different specifications are 1) explicitly described in these regulations, or 2) adopted by the engineer of appropriate jurisdiction and approved by all appropriate boards, commissions, agencies, and offices of the town or county.

      (1)   Whenever access to the development is required across land in another local government, the Commission shall request assurance from that local governmental attorney that access is legally established, and from the local governmental engineer that the access road is adequately improved, or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road.

      (2)   Lot lines shall be laid out so as not to cross boundary lines between adjacent units of local government which has separate governing bodies for the purpose of regulation and control of land use and development, as well as for tax purposes.

         (a)   Where a proposed park or other public use is shown in a comprehensive plan or master parks plan of the town, and said public use is located in whole or in part within a proposed development, sufficient area for the public use shall be dedicated to the public or reserved and offered for public purchase. If within five years of plat recording the purchase is not agreed on, the reservation shall be terminated.

         (b)   Where it is deemed essential by the Plan Commission, upon consideration of the particular type of development proposed in the development, the needs for public services that the development will generate, and the policies of the Comprehensive Plan, the Commission may recommend and the Town Council may require the reservation of land for public use. Land required for dedication shall be of a location, size, and character consistent with the needs created by the development.

in accordance with the regulations in § 152.71.

(Ord. 2022-14, passed 9-7-2022)

   (A)   Monuments and markers shall be placed so that the center of the pipe or marked point shall coincide exactly with the intersection of lines to be marked, and shall be set so that the top of the monument or marker is level with the finished grade; and

   (B)   Monuments shall be set:

      (1)   At the intersection of lines forming angles in the boundary of the subdivision; provided, that not more than eight such monuments shall be required;

      (2)   At the intersection of the centerlines of all streets and also at the center points of all cul-de-sac turnarounds;

   (C)   Markers shall be set:

      (1)   At the beginning and ending of all curves along street property lines;

      (2)   At all points where lot lines intersect curves, either front or rear;

      (3)   At all angles in property lines of lots; and

      (4)   At all lot corners not established by monuments.

   (D)   Monuments shall be of stone, precast concrete, or concrete poured in place with minimum dimensions of four inches by 30 inches set vertically in place. They shall be marked on top with iron or copper dowel set flush with the top of the monument, or deeply scored on top with a cross. Markers shall consist of iron pipes or steel bars at least 30 inches long, and not less than five-eighths inches in diameter.

(Ord. 2022-14, passed 9-7-2022)

      (1)   Block length and width or acreage within bounding streets shall be such as to accommodate the size of lot(s) required by the zoning ordinance in the district in which the subdivision is to be located, and to provide convenient access, circulation control, and safety of street traffic. Blocks that are unreasonably large or small will not be approved.

      (2)   Blocks should not exceed 800 feet in length. In the design or blocks longer than 800 feet, the Plan Commission may specify the provision of pedestrian crosswalks near the center of the block, or wherever would be most useful to facilitate pedestrian circulation to a school, park, recreation area, shopping center, or other significant neighborhood destination.

      (3)   Residential blocks shall be of sufficient depth to accommodate two tiers of lots of minimum depth, except where an interior street parallels an arterial or collector street, railroad right-of-way, floodplain, or similar boundary obstruction.

      (1)   Lots shall be adequate for the type of development, land use proposed and the corresponding minimum development features required of such development.

      (2)   The lot size, width, depth, shape, grade location, and orientation shall be in proper relation to street and block design and to existing and proposed topographical conditions.

      (3)   The minimum lot dimensions such as lot area and width shall conform to the lot area and width requirements of the base zoning district.

      (4)   The minimum lot depth shall be enough to contain a building envelope for any buildings and accessory structures, off-street parking facilities, landscaping, required setback yards, and necessary easements for utilities, infrastructure, and other features requiring easements.

      (5)   All lots shall abut on a street.

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

      (7)   Double frontage lots should not be platted, except that where desired along interstates or arterial or collector thoroughfares, lots may face on an interior street and back on such thoroughfares. In that event, a planting strip for a screen, at least 20 feet in width, shall be provided along the back of each lot.

      (8)   Setback requirements shall conform to the development requirements of the base zoning district.

      (9)   Lots abutting a watercourse, drainageway, channel, stream, or floodplain shall have additional minimum width or depth as required to provide an adequate building site and afford the minimum usable area required for front, rear, and side yards.

      (10)   The following paragraph shall be required as a provision of the restrictive covenants of all final plats to which they apply: “No driveway on any corner lot shall enter the adjoining street at a point closer than 25 feet to the intersection of the street right-of-way lines, or in the case of a rounded property corner, from the intersection of the street right-of-way lines extended”.

            1.   A common area at least 100 feet wide used for a park or another subdivision amenity shall constitute a break in continuity.

            2.   Intersections.

               a.   The right-of-way or easement for a public or private street shall constitute a break in continuity.

               b.   Where a street or cul-de-sac terminates in a T-intersection with a cross-street, a common area equal in width to the right-of-way of the terminating street or cul-de-sac and at least as deep as the lots abutting either side of the common area established opposite to and aligned with the terminating street shall constitute a break in continuity.

            1.   No two dwellings of the same height shall be located side-by-side. The height variation shall be at least two feet; or

            2.   No two dwellings with the same roof pitch of the longest roof ridge shall be located side-by-side; or

            3.   No two dwellings with the same orientation of the longest roof ridge shall be located side-by-side; or

            4.   No two dwellings with the same roof type shall be located side-by-side. The roof types include, but not limited to, gable (includes open and box), hip, gambrel, mansard, pyramid hip, skillion, and so on.

(Ord. 2022-14, passed 9-7-2022)

      (1)   Street standards intent. The interconnected street network shall provide safe and adequate vehicular and pedestrian access to all lots and parcels of land within the subdivision. It shall also provide adequate access for emergency and service vehicles, enhance access by ensuring connected transportation routes, and provide continuous and comprehensible traffic routes.

      (2)   Street connectivity.

         (a)   Street patterns shall provide reasonably direct access to the primary circulation system.

         (b)   Cul-de-sacs are discouraged and are only permitted where street continuation is prevented due to topography or other physical condition, or unless the Plan Commission finds such extension is unnecessary for the coordination of development within the development or between the development and adjoining property.

         (c)   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 to the prescribed width shall be platted within the proposed subdivision.

      (3)   Streets shall conform to the following principles and standards.

         (a)   Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.

         (b)   Local circulation systems and land development patterns shall not conflict with the efficiency of bordering thoroughfares.

         (c)   Widths of thoroughfares shall conform to the widths set forth in the thoroughfare plan.

         (d)   The minimum right-of-way of residential streets or cul-de-sacs shall be 50 feet.

         (e)   All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter of 100 feet and minimum roadway diameter of 95 feet. Cul-de-sac streets shall be not longer than 600 feet, such distance to be measured from the center of the turning circle to the intersection of the centerline of the cul-de-sac street and the centerline of a through street, provided, however that if the residential street within the subdivision has only one intersection with a through street, the entire subdivision shall be measured from the point of intersection of the subdivision street and the through street.

         (f)   Alleys shall be discouraged in residential districts but may 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.

         (g)   The centerlines of streets should intersect as nearly at right angles as possible.

         (h)   At intersections of streets or alleys, property line corners shall be rounded by arcs of at least 20 feet radii or by chords of such arcs.

         (i)   If the smaller angle of intersection of two streets is less than 60 degrees, the radius of the arc at the intersection of the property lines shall be increased as deemed advisable by the Plan Commission.

         (j)   Intersections of more than two streets at one point shall be avoided.

         (k)   Street jogs with centerline offsets of less than 125 feet shall not be permitted.

         (l)   Where parkways or special types of streets are involved, the Plan Commission may apply special standards to be followed in their design.

         (m)   Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way, an arterial or collector street, provision shall be made for a marginal access street, or a parallel street adjacent to such railroad right-of-way or arterial or collector street. As a general principle, intersections of such marginal access streets or parallel one-quarter mile intervals with arterial streets, or at less than one-eighth mile intervals with collector streets.

         (n)   Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with other requirements of these regulations, and where the Plan Commission finds it will be proper to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be planned within such tract.

         (o)   A temporarily dead-ended street shall be permitted in any case in which a street is proposed to be and should logically be extended but is not yet constructed. An adequate easement for a turn-around shall be provided for any such temporary dead-end street which extends 200 feet or more in length. Such easement shall be automatically vacated to abutting property owners when such dead-ended street is legally extended.

         (p)   In subdivisions that adjoin or include existing streets that do not conform to the minimum right-of-way dimensions as established by the thoroughfare plan, the subdivider shall dedicate additional width along either one or both sides, of such streets or inadequate width so as to bring them up to standards, provided, the area to be used for widening is owned by the subdivider or under his or her control.

         (q)   Horizontal visibility on curved streets and vertical visibility on all streets must be maintained along the centerline as follows.

 

 

         (r)   Curvature measure along the centerline shall have a minimum radius as follows.

 

 

         (s)   Between reversed curves on arterial and collector streets there shall be a tangent of not less than 100 feet and on local streets such tangent shall be not less than 40 feet.

         (t)   Maximum grades for streets shall be as follows:

            1.   Arterial and collector, not greater than 6%; and

            2.   Local streets and alleys, not greater than 8%.

         (u)   The minimum grade of any street gutter shall not be less than 0.3%.

         (v)   No street names may be used which will duplicate, or be confused with, the names of any existing streets unless such proposed streets are the logical extension or continuation of, or obviously in alignment with an existing platted street, in which case the proposed street shall bear the names of such existing streets.

         (w)   The following paragraph shall be required as a provision of the restrictive covenants of all secondary plats to which they apply: “No fence, wall, hedge, tree, or shrub planting which obstructs sight lines and elevations between two and 12 feet above the street shall be placed or permitted to remain on any corner lot within the clear sight triangular area formed by the street right-of-way lines extended”.

         (x)   At the intersection of any proposed local street and arterial or collector streets, acceleration and deceleration lanes shall be provided in accordance with the specifications of the State Highway Commission.

      (1)   Streets (and alleys where provided) shall be completed to grades shown on plans, profiles, and cross-sections, provided by the subdivider, and prepared by a registered professional engineer and approved by the Plan Commission.

      (2)   The streets shall be graded, surfaced, and improved to the dimensions required by such plans, profiles and cross-sections and the work shall be performed in the manner prescribed in Standard Specifications current issue, of the Indiana State Department of Transportation.

      (3)   Street materials.

         (a)   The street pavement shall be of a Portland cement concrete or a flexible pavement of dimensions as shown on the illustration(s) in Highway Standard Drawings of Boone County Highway Department dated 2019.

         (b)   Material types as set out in State Department of Transportation’s Specifications, secondarily street design to be used on local streets serving industrial or commercial development.

      (4)   Where collector and local streets are located within the subdivision as specified in the official thoroughfare plan as established by this chapter, the subdivider will construct such street pavement in accordance with the requirements for local streets set forth in division (B)(3) above. For the purpose of constructing collector and local street pavements according to the design characteristics set forth in division (B)(3) above, the Plan Commission may use funds available for such purposes to participate with the subdivider in the cost of such construction; provided, however, that such participation shall be limited to that cost which is additional to the cost of constructing the required local street improvements.

      (5)   Prior to placing the street and alley surfaces, adequate drainage for the street shall be provided by the subdivider. Culvert drainage pipe, when required, shall be coated corrugated metal pipe or a similar type not less than 12 inches in diameter approved by the Plan Commission. Upon the completion of the street and alley improvements, plans and profiles as built shall be filed with the Plan Commission. Longitudinal subgrade drainage shall be provided below the depth of the subgrade.

      (6)   Curb and gutter.

         (a)   The curb and gutter shall be installed on each side of the street surface.

         (b)   All gutters and curbs shall be constructed in accordance with the latest adopted version of Boone County, Indiana Highway Department Standard Drawings.

         (c)   All materials in the curb mix shall meet or exceed INDOT Standard Specifications Class A Concrete and a gradation report for all materials shall be furnished to the Highway Inspector prior to installation.

         (d)   No concrete curb mix shall be placed below air temperatures of 40 degrees Fahrenheit.

      (1)   The minimum right of way of an alley, if provided, shall be 16 feet.

      (2)   Alleys shall be paved full width to minimum local road standards.

      (3)   Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.

      (4)   Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the end, as determined by the Plan Commission.

      (1)   All developments must have a pedestrian network of sidewalks and/or asphalt pathways for pedestrian transportation and recreation.

      (2)   The pedestrian network shall be designed in a way that includes mobility options for people who are able-bodied and disabled.

      (3)   All concrete sidewalks, asphalt pathways, and crosswalk improvements must comply with the requirements of Americans with Disabilities Act (ADA), as amended.

      (4)   Required pedestrian pathways should be located within the right-of-way.

      (5)   Sidewalks shall be installed on each side of the street.

      (6)   All proposed sidewalks shall be at least five feet in width or as required by the Americans with Disabilities Act (ADA).

      (7)   All proposed sidewalks shall be constructed of Portland cement concrete and designed by standards found in the latest adopted version of Boone County, Indiana Highway Department Standard Drawings.

      (8)   Curb ramps for handicapped accessibility must be provided at all intersections of streets, alleys, and drives (excluding individual residential driveways) and comply with ADA requirements. Curb ramps are not permitted in driveways.

         (a)   No street names may be used which will duplicate, or be confused with, the names of any existing streets unless such proposed streets are the logical extension or continuation of, or obviously in alignment with an existing platted street, in which case the proposed street shall bear the names of such existing streets. Street names that may be spelled differently but sound the same as existing streets shall not be used.

         (b)   The Plan Commission shall have the authority to name all streets in the case of conflict upon recommendation of the Technical Advisory Committee at the time of primary plat approval.

         (a)   Streets must have the minimum number of street signs necessary to create a safe environment for drivers and pedestrians and convey information to efficiently find a certain street or address.

         (b)   The subdivider shall provide the subdivision with standard county or town street signs at the intersection of all streets.

         (c)   Street signs must comply with the current edition of the Indiana Manual on Uniform Traffic Control Devices.

         (d)   Street names and regulatory signs must be installed prior to any street being opened to the public or the issuance of building permits within the development section.

            1.   Prior to the approval of a proposed plat for subdividing land under the jurisdiction of the town, the person or firm or corporation requesting the approval of said plat shall furnish a performance bond, a certified check, certificate of deposit or irrevocable letter of credit guaranteeing the completion of required infrastructure improvements in the proposed development as set out in the plat tendered for approval. Said bond to be in the amount of 110% of the estimated cost of completion of the required public infrastructure improvements and which bond shall guarantee those said infrastructure improvements. (Minimum amount - $1,000).

            2.   Prior to acceptance of construction and release of the performance surety, the person, firm, or corporation requesting the development shall file a maintenance bond or other accepted surety in the amount equal to 20% of the total construction costs of the required public improvements and which surety shall provide for a period of three years following the release of the performance surety.

(Ord. 2022-14, passed 9-7-2022)

      (1)   No changes shall be made in the contour of the land, or grading, excavating, removal, or destruction of the topsoil, trees, or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been reviewed by the Building Inspector or there has been a determination by the Building Inspector that such plans are not necessary.

      (2)   The proposed subdivision development shall meet the applicable criteria set forth in this section.

      (3)   The cost of the installation and completion of necessary improvements for this purpose are included in the bond required under § 152.52(F); or the Building Inspector determines that a plan for drainage and minimizing erosion and sedimentation is not necessary.

      (4)   The Building Inspector shall be guided by the advice from the USDA Soil Conservation Service, County Soil and Water Conservation District, County Drainage Board, State Department of Natural Resources - Division of Water, and other agencies or officials offering technical assistance on the subject of soils, drainage, erosion, and sediment control. The application shall provide the information, report, or plan for his or her application, and any additional expense necessary to ensure adequate information, and any additional expense necessary to ensure adequate information report or plans shall be met by the applicant.

      (5)   Measures used to control erosion and reduce sedimentation and to provide drainage shall as a minimum meet the standards and specifications of the Boone County Soil and Water Conservation District.

      (6)   The plans for the installation of a drainage system shall be provided by the subdivider and shall be certified by a registered professional engineer. The plans shall be approved by the Plan Commission. Upon completion of the storm drainage system, the plans for such system as built shall be filed with the Utility Board, Plan Commission, and Boone County Surveyor.

      (1)   The design, installation, and maintenance of the required drainage facilities and erosion and sediment control measures shall be in accordance with the standards and specifications of the latest version of the Boone County Stormwater Management Ordinance and the Boone County Stormwater Technical Standards Manual.

      (2)   Where such authority exists under the Indiana Drainage Code, (I.C. 36-9-27), approval of the Boone County Surveyor must be obtained for the proposed development prior to approval by the Plan Commission.

      (3)   The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the development, and shall become a part thereof.

      (4)   Permission for clearing and grading prior to the approval of the development plan may be obtained under temporary easements or other conditions satisfactory to the Building Inspector.

      (5)   In the event the applicant or developer proceeds to clear and grade prior to the approval of the subdivision or development plan, without satisfying conditions specified under division (F) above, the jurisdictional agency having authority over the approval of such subdivision or development plans may revoke the approval of all plans.

      (1)   Stripping of vegetation, regrading, or other development shall be done in such a way that will minimize erosion;

      (2)   Development plans shall preserve prominent natural features, keep cut fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity or surface water runoff;

      (3)   Whenever feasible, natural vegetation shall be retained, protected, and supplemented;

      (4)   The disturbed area and the duration of exposure shall be kept at a practical minimum;

      (5)   Disturbed soils shall be stabilized as quickly as possible;

      (6)   Temporary vegetation and mulching shall be used to protect exposed critical areas during development;

      (7)   The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development;

      (8)   Provision shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be structurally retarded; and

      (9)   Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.

      (1)   The locations, grading, and placement or subgrade (base) material of all street, public driveway, and public parking areas shall be accomplished as the first work done on a development plan.

      (2)   All lots, tracts, or parcels shall be graded to provide proper drainage away from the buildings and dispose of it without ponding, and all land within the development shall be graded to drain and dispose of surface water without ponding, except where approved by the Building Inspector.

      (3)   All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet such as a curbed street, storm drain, or natural watercourse. Where drainage swales are used to divert surface waters away from buildings, they shall be sodded or planted as required and shall be of such slope, shape, and size as to conform with the requirements of the Plan Commission.

      (4)   Concentration of surface water runoff shall only be permitted in swales or watercourses.

      (5)   Excavation and fills.

         (a)   Cut and fill slopes shall not be steeper than three to one unless stabilized by a retaining wall or cribbing as approved by the Building Inspector when handled under special conditions.

         (b)   Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills, by installation of temporary or permanent drainage across or above this area.

         (c)   Cuts and fills shall not endanger adjoining property.

         (d)   Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.

         (e)   Fills shall not encroach on natural watercourses or constructed channels.

         (f)   Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during this period of construction.

         (g)   Grading will not be done in such a way so as to divert water onto the property of another land owner without the expressed consent of the Building Inspector.

         (h)   During grading operations, necessary measures for dust control will be exercised.

         (i)   Grading equipment will not be allowed to cross live streams. Provision will be made for the installation of temporary or permanent culverts or bridges.

      (1)   Whenever sedimentation is caused by stripping, vegetation, regrading, or other development activities, it shall be the responsibility of the applicant or person causing such sedimentation to remove it from all adjoining surfaces, drainage systems, and watercourses and to repair it from all adjoining surfaces, drainage systems, and watercourses and to repair any damage at his or her expense as quickly as possible.

      (2)   Maintenance of all driveways, parking areas, drainage facilities, and watercourses within any development plan area is the responsibility of the applicant or developer; provided, that such facilities have not been dedicated to the public and accepted by the appropriate authority for public maintenance.

      (3)   It is the responsibility of the applicant and any person doing any act on or across a communal stream, watercourse, or swale or upon the floodplain, floodway, or floodway fringe area of any watercourse during the period of development to return these areas to their original or equal conditions upon completion of such activities.

      (4)   No applicant or other person shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the County Drainage Board and/or the State Department of Natural Resources, Division of Water, whichever is applicable.

      (5)   Where a development plan area is traversed by a watercourse, the total development of the watercourse shall be considered. There shall be provided a drainage easement or right-of-way conforming to the requirements of the State Drainage Code and approved by the County Surveyor.

      (6)   Each applicant who makes any surface changes shall be required to:

         (a)   Collect on-site surface runoff and dispose of it to the point of discharge into an adequate outlet;

         (b)   Handle existing and potential off-site runoff through the development by designing to adequately handle storm runoff from a fully developed area upstream;

         (c)   Pay his or her proportionate share of the total cost of off-site improvements to the common natural watercourse, based on a fully developed drainage area; and

         (d)   Provide and install at his or her expense, in accordance with the requirements of the Building Inspector, all drainage and erosion control improvements (temporary and permanent) as required by the Building Inspector.

      (7)   It is the responsibility of the applicant or owner to keep all major watercourses, not under the jurisdiction of any public agency, open and free flowing.

      (8)   The applicant or owner will assume the responsibility for maintaining an open and free flowing condition in all minor streams, watercourses, and drainage systems, constructed or otherwise improved in accordance with this section, which are necessary for proper drainage.

(Ord. 2022-14, passed 9-7-2022)

   (A)   The subdivider shall provide the subdivision with a complete sanitary sewer system which shall connect with an existing approved sanitary sewer outlet and install such facilities in accordance with these regulations.

   (B)   Sanitary sewers shall be located within the right-of-way or within a 15-foot easement in the front yard. The center of manhole covers shall be no more than 12 feet from the back of curb.

   (C)   The subdivider shall submit plans for the installation of a sanitary sewer system during the primary plat review process or development plan review process. These plans shall be certified by a registered professional engineer. The plans shall be approved by the Plan Commission or its designees. Upon completion of the sanitary sewer installation, the plans for such system as built shall be filed with the Utility Board.

   (D)   The subdivider shall contact the Building Inspector or its designees to inspect the location of sewer facilities improvements.

(Ord. 2022-14, passed 9-7-2022)

   (A)   The subdivider shall provide the subdivision with a complete water supply system which shall connect with an existing approved water supply system outlet and install such facilities in accordance with these regulations.

   (B)   The plans for the installation of a water supply system shall be provided by the subdivider and shall be certified by a registered professional engineer. The plans shall be approved by the Plan Commission or its designees. Upon completion of the water supply system, the plans for such system as built shall be filed with the Utility Board.

   (C)   Where a public water main is accessible, the developer shall install adequate water lines and other facilities, including fire hydrants, subject to the specifications of state and local authorities. Upon completion of the installation of the water lines, they shall be inspected by the Building Inspector or its designees to assure proper installation.

   (D)   The location of fire hydrants and all water supply improvements shall be confirmed with the appropriate fire and/or engineering departments and shall be shown on the primary plat or development plan.

(Ord. 2022-14, passed 9-7-2022)

(Ord. 2022-14, passed 9-7-2022)

   Existing natural and historic features that would add value to development or to the community as a whole, such as trees, watercourses and water bodies, wetlands, historic spots (buildings, structures, gardens, cemeteries, and the like), and similar irreplaceable assets, shall be preserved in the design of the development. No such feature shall be removed from any development nor any change of grade of the land affected until approval of the primary plat has been granted. These features shall be marked on the primary plat plan. If the developer wishes to change or remove these features, it shall show the features to be changed or removed on the plan. The reviewing authority shall decide whether the changes or removal of the features would be permitted.

(Ord. 2022-14, passed 9-7-2022)

   (A)   Canopy trees shall be planted as a public improvement along any new subdivision street between the sidewalk and the street curb, or between front property line and street curb if sidewalks are not provided. The cost of street trees and installation shall be born by the developer.

   (B)   Minimum number of trees. Developer shall provide at least one canopy tree per 50 linear feet of right-of-way.

   (C)   Spacing of the trees. The trees shall be spaced between 30 to 60 feet apart. Spacing is measured as distance between tree trunk’s centers.

   (D)   A landscape plan for installing street trees and/or shrubs shall be developed by a certified landscape architect.

   (E)   In development of any landscape plan that includes trees or shrubs in the public right-of-way, consideration shall be given to mature height and spread; potential damage to sidewalks, street under-drains, curbs, and street pavements by root systems; maintenance requirements; tolerance to pruning; and adaptability to the specific street environment, including heat, glare, snow and salt. Tree selection shall consider vertical clearance of branches sufficient to allow adequate room visually and physically for vehicles passing underneath.

   (F)   Shrubs shall be low growing and salt tolerant.

   (G)   The location of trees and shrubs at intersections shall permit clear sight distance between two feet to ten feet above the street and 100 feet in any direction of an intersection.

   (H)   Vegetation shall be selected with consideration for low maintenance requirements. All vegetation and its continued maintenance shall be the responsibility of the homeowner or homeowners’ association.

   (I)   Minimum number of trees. Developer shall provide at least one tree per 50 linear feet of right-of-way.

(Ord. 2022-14, passed 9-7-2022)

   (A)   It is recognized that the subdivider in creating commercial or industrial subdivisions often faces unique problems of lot design not normally encountered in residential subdivisions. For this reason, the initial emphasis of the Plan Commission shall be upon street layout and block arrangement. Generally, the procedural requirements shall be for the owner to follow the regular procedure outlined in these regulations, however, the subdivider need show only two lots along with the street and block layout. Then, from time to time, as prospective buyers or users express interest in lots sized to their required specifications, the owner shall submit an amendment to the approved recorded subdivision plat for consideration.

   (B)   Regular procedural requirements of the Plan Commission following the receipt of a secondary plat shall then apply, except those streets that have been built by following an approved set of plans on the previously approved secondary plat shall not have to be rebuilt because of the adoption of new criteria by the Plan Commission. This shall also apply to storm drainage facilities within the subdivision unless runoff characteristics have been changed by the newly proposed improvements or by unauthorized existing improvements.

(Ord. 2022-14, passed 9-7-2022)

   Where alleys are not provided, easements for utilities shall be provided. Such easements shall have minimum widths of 15 feet, and where located along rear lot lines, one-half the width shall be taken from each lot. In the case of lot extending to the boundary of the lands platted and not adjoining another plat, the full width of the easements shall be provided on such peripheral lots. Before determining the location of easements, the plan shall be discussed with the local public utility companies to assure their proper placing for the installation of such services during TAC review.

(Ord. 2022-14, passed 9-7-2022)

    Action on the violation of any provision of this chapter and the right of injunction against such violation shall be as provided by I.C. 36-7-4-1013 et seq.

(1995 Code, § 15-27)