Valparaiso City Zoning Code

1. General Scope. This Article sets forth regulations for the substantive review of subdivision plats, development plans, planned unit development plans, and site plans, to be considered in addition to the other applicable land development regulations of this UDO.
2. Purpose. The purpose of this Article is to:
   1. Ensure that new development is consistent with the goals and intentions of the Comprehensive Plan;
   2. Provide for the harmonious development of the City, for the coordination and alignment of streets within subdivisions with other existing or planned streets, or with other features of the City;
   3. Provide for appropriate open space for recreation, public facilities, light, and air;
   4. Provide for a distribution of population and traffic which create conditions favorable to health, safety, convenience, and prosperity;
   5. Ensure conformance of development plans with the capital improvement program of the City;
   6. Ensure that development is compatible with and properly integrated into existing and future neighborhoods; and
   7. Ensure that subdivisions and subdivision improvements are designed to:
      1. Reduce potential impacts on street congestion by providing alternative travel routes, provide a meaningful choice of alternative modes of transportation, shorten journey to work trips, or lessen overall vehicle miles traveled;
      2. Promote the orderly layout and use of land;
      3. Secure safety from fire and other dangers;
      4. Facilitate adequate provisions for transportation, potable water, wastewater, schools, parks, playgrounds and other public requirements;
      5. Protect neighborhood areas from the hazard of high-speed through traffic; and
      6. Protect groundwater supplies from contamination.

Effective on: 1/1/1901

The standards of this Article apply to all types of land development where the site is altered to accommodate development, regardless of the nature of the permit or approval, including:

1. Subdivision Plat. Land shall not be divided for conveyance until a plat has been approved and submitted to the City for recording in the public records. A subdivision plat shall be required when the owner of a tract of land within the City divides the tract into two or more parts to lay out a subdivision of the tract; lay out suburban, building, or other lots; or lay out streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of the purchasers or owners of the lots within the tract. A subdivision includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. The standards of this section shall not apply to a single division of land following  written notification from the owner of the property in question in the event that a property or portion of property to be conveyed is compliant with all applicable bulk and density standards as detailed in Article 3 District Intensity and Bulk Standards and will not result in: 
   1. Access to any right of way or other approved access easement for any adjacent property being blocked. 
   2. Creation of any landlocked or unbuildable parcel per the standards of the zoning district in which the resulting parcel(s) are located. 
2. Minor Subdivision Plat. The subdivision of land that does not involve the opening of a new public way and results in the creation of 4 lots or less and that complies in all other respects with this UDO may be granted primary approval by the plat committee pursuant to the minor subdivision plat procedures set out in Division 15.800, Subdivision Plat Procedures.
3. Development Plan. A development plan shall be required for development within the Campus (CA) district. Permits may be issued for construction that is consistent with an approved development plan.
4. Planned Unit Development. Planned Unit Developments are subject to the approval procedures set out in Division 15.500, Procedures and Administration for Planned Unit Development Approval.
5. Site Plan. A site plan is required when the owner of a parcel proposed for development seeks building permits for new construction or expansion of an existing building; or for installing or reconfiguring parking areas, infrastructure, utilities, or drainage. Site plans are required whether or not a subdivision plat or master plan is required.

Statutory Reference: Subsection C.: IC 36-7-4-701(D)

Effective on: 1/1/1901

1. Generally. Conditions and requirements of development approval that require ongoing efforts of tenants or successors in title shall be included in a declaration of covenants, conditions, and restrictions for the property that shall be recorded in the public records in the chain of title for the property at the applicant's expense. Other requirements shall be in the form of written commitments, pursuant to Section 15.311, Written Commitments.
2. Plat Annotations. Requirements regarding maintenance of common areas or operation and maintenance of drainage facilities shall be summarized on the plat and set forth in full in the declaration of covenants, conditions, and restrictions, which shall be referenced on the plat.
3. City Enforcement.
   1. The applicant shall provide proposed covenants, conditions, and restrictions to the City:
      1. Upon filing the application for final plat approval; or
      2. If no plat approval is sought, before the issuance of any permit that directly authorizes development (development approvals that require covenants, conditions, or restrictions shall be contingent upon approval of the covenants, conditions, and restrictions document).
   2. The Plan Commission shall review covenants, conditions, and restrictions that implement requirements of this UDO or conditions of approval. The Plan Commission may require that the applicant grant the City a right of enforcement of the covenants, conditions, and restrictions, in order to ensure continuing compliance.

Effective on: 1/1/1901

The City shall approve only those covenants, conditions, and restrictions that relate to the development approval, and its right of enforcement shall extend only to those matters and matters that substantially bear upon them. The City will not seek to intervene in purely private disputes about covenants, conditions, and restrictions.

Effective on: 1/1/1901

1. Generally. The standards of Article 6, Article 7, Article 8, Article 9, Article 10, Article 11, and Article 12 shall be applied to site review, development plan review, planned unit development concept plan review, and subdivision plat review in the context of the development design principles of this Section. It is the policy of the City that the principles of this Section be applied to the maximum extent possible without imposing restrictions that reduce the density or intensity of development that is permitted on the subject property by this UDO. The City may require modifications to proposed site plans; development plans; planned unit development concept plans; or subdivision plats that otherwise conform to the standards of the UDO in order to enhance the quality of the design in accordance with the qualitative principles of this Section.
2. Compatibility. The proposed site plan, development plan, planned unit development concept plan; or subdivision plat shall be designed in a way that:
   1. Provides appropriate space for buffers and transitions between incompatible land uses or obvious changes in density or intensity along side and rear lot lines;
   2. Provides vehicular and pedestrian linkages between residential uses and retail, service, and office uses;
   3. Protects neighboring property from stormwater runoff;
   4. Anticipates and provides for future vehicular and pedestrian connections to neighboring properties that are likely to be developed or redeveloped with similar or supportive land uses within ten years;
   5. Minimizes interference with existing access to adjacent and nearby properties, unless new and improved access is provided by the proposed development; and
   6. Does not reduce the level of service of public utilities that are provided to surrounding development.
3. Consistency with City Public Improvement Plans. The proposed development shall conform to all adopted and applicable capital improvement plans of the City with regard to public infrastructure and facilities, including trails and parks and recreation.
4. Flood Damage Prevention.
   1. Subdivisions shall be designed to minimize the potential for flood damage;
   2. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed to minimize flood damage;
   3. Adequate drainage shall be provided to reduce exposure to flood hazards, and
   4. Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of:
      1. 50 lots; or
      2. Five acres.
5. Future Adjacent Development. The proposed development shall be designed in a way that shows how future development of adjacent parcels under common ownership will relate to the parcel proposed for development in terms of transportation linkages and utilities.
6. Landscaping. The subdivision landscaping layout shall promote the zoning district's qualities and character and meet or exceed the standards therein. Bufferyard landscaping shall be located to achieve the screening objectives and, where possible, enhance open space objectives beyond the minimum requirements.
7. Improvement Through Modulation. The plan review shall consider whether modulations permitted in Article 12, Modulation, would enable the plan to improve in quality or preserve natural resources, while maintaining permitted development density.
8. Preservation of Density and Intensity. Design review is intended to permit plan modifications that improve design, but not to require a density reduction. The design review shall focus on revising the site plan by altering roads, lots, landscaping, or other plan elements, but not by altering development intensity unless it exceeds permitted standards.

Effective on: 1/1/1901

No subdivision shall have a name that is substantially similar to the name of another subdivision in Porter County, except that a group of related, adjacent subdivisions that are part of an overall plan of development may be named according to a common theme, or given the same name followed by a phase number to identify each phase of the project.

Effective on: 1/1/1901

1. Minimum Width of Public Ways. The minimum width of public street rights-of-way in subdivisions shall be established according to the functional classification of each street, pursuant to Section 8.204, Street Standards
2. Grades of Public Ways. The City Engineer shall promulgate the requirements for grades of public ways in the Minimum Standards for Street Design.
3. Curves. The City Engineer shall promulgate the requirements for curves in the Minimum Standards for Street Design
4. Alignment of Subdivision Streets with Existing Streets.
   1. Streets shall be configured as required by Section 8.204, Street Standards.
   2. Streets shall, to the extent practicable, align with existing streets, and be given the name of the streets with which they align, or shall be offset the minimum distance specified in the Standards Manual.
5. Frontage Streets Along Railroads and Limited or Controlled Access Highways.
   1. Whenever a proposed improvement borders on or contains a railroad right-of-way, or a limited access or controlled access highway, the applicant shall provide a frontage road approximately parallel to such right-of-way which abuts such right-of-way in accordance with the specifications determined by the Board of Public Works and Safety.
   2. No site permit or building permit shall be issued unless:
      1. The applicant constructs a frontage road as provided in paragraph 1., above; or
      2. A frontage road is presently in place along the indicated frontage; or
      3. The Board of Public Works and Safety determines that a frontage road is not presently necessary in said location, and the applicant enters into an agreement with the Board of Public Works and Safety that provides for the future dedication of such right-of-way and the future construction of such frontage road at no expense to the City.
      4. The Board of Public Works and Safety may waive the frontage road requirement entirely if it is demonstrated that:
         1. The physical features of the area to be served by such frontage road are not conducive to the construction of said frontage road; or
         2. If other reasons are present to otherwise make the construction of such frontage road infeasible.

Effective on: 1/1/1901

1. Block Pattern. In general, streets shall be laid out to create blocks. Within any superblock created by arterials or collectors, the design objective is to provide an interconnected network of streets and pathways so that people may reach other locations within the superblock by walking or bicycling or driving, but particularly without having to access arterial or collector streets with vehicles. See Figure 6.304.A., Illustrative Block Pattern in Superblock to Create Connectivity. If practicable, streets shall be arranged in a loose grid or comparable formal arrangement, and open spaces shall be integrated into the block design. Exceptions will be made for green spaces along drainage or stream channels or where other natural resources make a grid or comparable formal arrangement difficult or cost prohibitive.

Figure 6.304.A.: Illustrative Block Pattern in Superblock to Create Connectivity

2. Block Length. Where possible, blocks shall be laid out to have their short length abutting arterials, collectors, or the development's major road. The blocks should not, in most instances, exceed nine lots in length on one side of the street, except for attached units on individual lots, which shall not exceed 15 lots (or, in the case of condominiums, cooperatives, or rental housing, 15-unit footprints plus required building side yards). See Figure 6.304.B., Block Length. No block may exceed 800 feet in length. The length, width, and shape of blocks should be determined with due regard to the provision of adequate sites for buildings of the type proposed, zoning requirements, fire access, emergency service, and police protection.

Figure 6.304.B.: Block Length

2. Block Width. Blocks should be such width as will provide two tiers of lots, except where reverse frontage lots are located along an arterial or collector street or where such an arrangement is prevented by the size or other inherent site conditions of the property.
3. Nonresidential Blocks. Blocks for commercial and industrial areas may vary from the elements of design contained in this Section if the nature of the use requires other treatment. See Figure 6.304.C., Nonresidential Blocks. In such cases, safe and convenient access to the street and pathway systems shall be required. Space for off-street parking may also require similar access for employees and customers. Extension of streets and utilities shall be provided, as necessary.

Figure 6.304.C.: Nonresidential Blocks

Effective on: 1/1/1901

1. Minimum Width. The minimum width of lots in a subdivision shall be as set out in:
   1. Article 3, District Intensity and Bulk Standards, for the applicable zoning district and development type; or
   2. An approved development plan for a development in a Campus (CA) district; or
   3. An adopted Planned Unit Development District Ordinance.
2. Minimum Depth. The minimum depth of lots in a subdivision shall be:
   1. The minimum lot width divided by the minimum lot area set out in Article 3, District Intensity and Bulk Standards, for the applicable zoning district and development type; or
   2. As specified in an approved development plan for a development in a Campus (CA) district; or
   3. As specified in an adopted Planned Unit Development District Ordinance.
3. Minimum Area. The minimum area of lots in a subdivision shall be as set out in:
   1. Article 3, District Intensity and Bulk Standards, for the applicable zoning district and development type; or
   2. An approved development plan for a development in a Campus (CA) district; or
   3. An adopted Planned Unit Development District Ordinance.
4. Required Frontage. All lots that are not subject to a conservation easement shall front upon an improved public street, unless it is demonstrated that:
   1. Unusual topographic or geographic conditions exist (such as steep slopes, ravines, water bodies, or similar natural (not manmade) features) that make frontage upon an improved public street impracticable; and the number of lots that do not front on a public street is minimized; and a private access easement to the lots without frontage is shown on the plat or development plan; or
   2. A private street subdivision is approved that complies with Section 8.206, Private Streets; or
   3. A planned unit development or other development plan is developed for a group of residential, commercial, industrial, or institutional structures that includes private streets that are constructed to City engineering specifications and rights of access are granted to the City for utilities, solid waste collection, and emergency services.
5. Alternative Standards for Condominium and Alternative Land Development Patterns. (Refer to standards in Article 3, Sections 3.506, 3.606, or 3.709).

Reference: A, B, and C are pursuant to requirements of 702.B.1.

Effective on: 1/1/1901

1. Generally. During development approval, the City may require the granting of a variety of easements on private property or lots. These easements may be for any of the following, or other approved, purposes:
   1. Drainage;
   2. Utilities;
   3. Access to public utilities or drainage areas;
   4. Fire protection;
   5. Police protection and other emergency services;
   6. Solid waste removal;
   7. Pedestrian access; and
   8. Conservation.
2. Utility Easement Width and Location. Where required, all lots shall provide utility easements (U.E.) for sewer, water, gas, telephone, cable, fiber-to-the-home, or other public utilities that are necessary or desirable to serve the subdivision. Their width and location shall be such that access and maintenance, repair or reconstruction can be accomplished without undue hardship to the utility, as follows:
   1. Utility easements for water mains, storm sewers and/or sanitary sewers shall be at least 20 feet in total width. Other utility easements shall be a minimum of five feet wide on any one lot, but not less than 10 feet in total width when centered on a side or rear lot line;
   2. Utility easements shall be located in front, side, or rear yards, as determined by the City in accordance with the particular plans and layout of the utility or other service providing company;
   3. Where attached housing types are involved and yards are enclosed or very narrow, easements shall be placed in open space areas.
3. Drainage Easements. To the extent possible, existing surface drainage patterns serving any off-site properties or two or more proposed lots or properties shall be protected by easements or open space. In addition, drainage easements shall be placed on lots to convey surface water to storm sewers located on the street or to surface drainage channels located in easements or open spaces as topography and grading dictate.
4. Fire Protection Easements. Rear fire protection access easements, where provided, shall be improved as appropriate for fire protection equipment, at a width of 20 feet, with appropriate turning radii for the City's fire protection equipment as determined by the Fire Department.
5. Pedestrian Access Easements. Pedestrian access easements may be required in accordance with Division 8.200, Streets, Sidewalks, and Trails.
6. Conservation Easements.
   1. The City shall require conservation easements to preserve open space as required by this UDO, and to protect natural resources that this UDO requires to be protected.
   2. Conservation easements shall exclude other easements that would result in the disturbance of the land, except that pedestrian access easements are permitted within areas protected by conservation easements.
   3. Conservation easements shall provide for permanent management and maintenance of the property by a responsible party other than the City, such as a nonprofit land trust or homeowners' association.
   4. All conservation easements shall run in favor of two parties:
      1. All lots in the development; and
      2. The City.
   5. The conservation easements shall be in a form approved by the City Attorney.
7. Encroachments and Removal of Encroachments. No permanent encroachment or structures shall be allowed to be located within the area of any easement required by this Section. While the City or Utility benefiting from the easement will make efforts to minimize disturbances, both shall have the right to remove any encroachment, structures, fences, landscaping or other improvements placed upon such easements. The City and/or utility shall not be obligated to restore or replace any such encroachment but shall restore any disturbed ground surfaces with seeding. The City may assess the cost of removing an unauthorized improvement from an easement against the landowner, including the placing of a lien on the property.
8. Maintenance of Easements. The responsibility for the regular maintenance of the ground surface in any easement shall rest with the owner of the property within which the easement exists.

Effective on: 1/1/1901

1. Generally. This Section is designed to achieve the open space requirements of bufferyards, resource protection, recreation, stormwater management, and preservation of community character.
2. Design.
   1. Generally, open spaces shall be integrated into the development design to bring significant open space to the maximum number of properties, as well as visibility from public rights-of-way within the proposed development. Small, odd, left-over open space areas shall be avoided. Extra landscaping may be required to enhance the value of such spaces where they cannot be avoided.
   2. Open space shall be designed to provide greenways along drainage corridors and streams. The landscaping along corridors or streams shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the greenway for the residents of the proposed development.
   3. Formal open spaces shall be designed to provide areas of focus within the development. Landscaping and furniture for pedestrians shall be installed to enhance this effect.

Effective on: 1/1/1901

1. Generally. All developments shall make provision for water, sewer, stormwater, electric, telephone, and cable service, and may make provision for fiber-to-the-home and other public and/or private utilities available to City residents. Where on-site water and sewer are indicated in Table 3.301.A., Residential Standards, on-site systems will satisfy this requirement. All drainage and utilities shall be efficiently and unobtrusively integrated into the design and shall avoid off-site impacts.
2. Capacity. Where a proposed development is part of a larger tract of land, the City shall require the capacity of facilities to be adequate to serve the entire tract to the extent that the capacity is matched to that of the lines that it extends. Where the proposed development is part of a larger utility service area, the City may require the capacity of the appropriate facilities to be adequate to serve the remainder of the service area.
3. Potable Water Line Loops. Potable water lines shall be looped and shall have a secondary feed to the potable water supply.
4. Interceptors. Where an interceptor is to be extended through the area being developed, the landowner shall provide the necessary easements.
5. Common Use Easements. Wherever possible, the City shall require compatible utilities to share easements. See Section 6.306, Easements.

Statutory reference: 702.B.3.

Effective on: 1/1/1901

1. Design and Installation of Improvements.
   1. All improvements required by this UDO within and along the frontage of all development including but not limited to street pavement widening, curb and gutter, sidewalks and/or bicycle routes, lanes, paths, and trails as well as all other related City regulations shall be designed and shown on required plans and drawings and installed in accordance with the Standards Manual prior to the issuance a certificate of occupancy as described in Section 15.202 Administrative Permits.
   2. All improvements shall be furnished, installed, and constructed by the applicant at no cost to the City, except as provided in this Division. Escrows or sureties may be permitted or required for off-site improvements that are required by this UDO.
   3. The City Engineer may approve a waiver from the requirements as described in item 1 above if it is demonstrated that the proposed development will not result in the installation of additional parking or a perceived increase in traffic volume, or if other extenuating circumstances apply.
2. Utility Upgrade Agreement. The City may require that the applicant upgrade the capacity of municipal utility lines in order to provide adequate facilities to future development in the area of the proposed development. To this end, the City Common Council may authorize the City Administrator to enter into a participation agreement or development agreement that sets out the City's share of additional costs of standard line sizes, and the method and timing of repayment to the applicant. The written agreement shall fairly apportion the cost of providing the upgraded capacity, and shall be executed between the applicant and the City prior to the final approval of plans and specifications.

Effective on: 1/1/1901

1. Generally. A parcel proposed for development may be developed in phases, which each phase separately platted. In such cases, the applicant shall submit a concept plan with the first application for primary plat approval. The concept plan shall show compliance with this UDO by showing:
   1. The general arrangements of streets and utilities, and how they will connect to the streets shown on the first application for primary plat approval;
   2. The general location of drainage facilities;
   3. The general location of protected natural resources; and
   4. The general location of proposed uses and housing types.
2. Consistency with Concept Plan. In considering each subsequent phase shown on a concept plan, the Plan Commission may impose conditions that are necessary to assure the orderly development of the platted land. Such conditions may include, but are not limited to, temporary alley and street extensions, temporary cul-de-sacs, and off-site utility extensions.

Effective on: 1/1/1901

1. Generally. The certifications set out in this Section shall be transcribed to all Secondary plats, and shall be executed as indicated before such plats are recorded.
2. Plan Commission Certificate.
   Under authority provided by Indiana Code 36-7-4, et seq., enacted by the General Assembly of the State of Indiana and Ordinance adopted by the Common Council of the City of Valparaiso, this plat was given approval by the City as follows:
   Approved by the Valparaiso Plan Commission (or Plat Committee) at a regular meeting held on __________________, 20__.
   Valparaiso Plan Commission (or Plat Committee)
   ____________________________
   President
   ____________________________
   Executive Director
3. Surveyors Certificate.
   I, ______________________, hereby certify that I am a Land Surveyor licensed in compliance with the laws of the State of Indiana, and that to the best of my knowledge, this plat conforms to the requirements of the City of Valparaiso Unified Development Ordinance, and the Standards Manual; that the markers and monuments shown on the plat actually exist; and that their location, size, type and material are accurately shown.
   ____________________________
   Surveyor
4. Deed of Dedication.
   We, the undersigned ______________________________________owners of the real estate shown and described herein, do hereby certify that we have laid off, platted, and subdivided said real estate in accordance with the attached plat. This subdivision shall be known and designated as ____________________________. All streets and alleys shown and not heretofore dedicated are hereby dedicated to the public. There are strips of ground of various widths shown on this plat and labeled as easements for various purposes. Utility easements are reserved for the use of public utilities for the installation of mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. Drainage easements are reserved for the use of the City, homeowners, and/or the property owners' association to provide for the construction, maintenance, and operation of drainage conduits, swales, channels, overflows, detention basins, or other runoff management facilities. (If other easements are shown, statements regarding their purpose and to whom they are granted shall be added here.) No permanent or other structures are to be erected or maintained upon said easements. Owners of lots in this subdivision shall take their titles subject to the rights of the public utilities and to the rights of the owners of other lots in this subdivision.
   
   (Additional dedications, protective covenants, private restrictions, or special provisions would be inserted here; important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor area).
   
   (If provisions for the private operation and maintenance of open spaces and/or drainage facilities is required, then the following paragraph or comparable language shall follow):
   Operation and maintenance of open spaces, common areas, rear or side yard swales, detention facilities, and ____________ shall be by the Property Owners' Association ("Association"). In the event of an emergency where property damage or personal injury may result from the Association's failure to maintain or repair said facilities, the City shall have the right to enter upon the property, make any necessary corrections to remedy the situation and then recover all administrative, legal, engineering, and construction costs for said work from the Association or by special assessment of the benefitted property owners.
   
   (If Covenants and Restrictions are listed on the plat, then the following paragraph shall follow):
   The foregoing covenants, or restrictions, are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 20__, (twenty-five year period), at which time said covenants or restrictions shall be automatically extended for successive periods of ten (10) years unless by vote of a majority of the then owners of the building sites covered by these covenants or restrictions it is agreed to change such covenants or restrictions in whole or in part. Invalidation of any one of the foregoing covenants or restrictions by judgment or court order shall in no way affect any of the other covenants or restrictions which shall remain in full force and effect. The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected or maintained in violation hereof, is hereby dedicated to the public and reserved to the several owners of the several lots in this subdivision and their heirs and assigns.
   
   Witness our Hands and Seals this ______ day of ___________ 200__.
   ____________________________
   ____________________________
   STATE OF INDIANA         )
                                                )
   SS:COUNTY OF PORTER )
   Before me, a Notary Public, in and for the said County and State, personally appeared ______________________ and acknowledged the execution of the foregoing as his voluntary act and deed on this ______ day of __________, 20__.
   ___________________________
   Notary Public
   ___________________________
   Printed Name
   My Commission Expires:___________________________
5. Board of Public Works and Safety Certification.
   This plat was examined by the Board of Public Works and Safety of the City of Valparaiso for compliance with the Standards Manual, and approved this ______ day of ___________ 20__.
   ___________________________, Mayor
   
   __________________, (City Engineer), member
   
   __________________, member
   
   ATTEST:__________________, Clerk-Treasurer

Effective on: 1/1/1901

1. Within Proposed Development. Streets, alleys, and other rights-of-way within proposed development shall be appropriately dedicated for the purposes they are intended to serve.
2. Perimeter Streets; Dedication. Where the proposed abuts upon an existing street or half-street that does not conform to the right-of-way standards of Division 10.200, Streets, Sidewalks, and Trails, or to the Official Intermodal Transportation Plan (whichever provides for a wider pavement section), the applicant shall dedicate right-of-way width necessary to achieve the required width.
3. Permits. Any permits authorized under this UDO, including but not limited to site permits or building permits, permitting the erection, alteration or relocation of structures and/or other improvements falling under the jurisdiction of this UDO, shall be issued only, if, in addition to satisfying the requirements of this Section and all other requirements of the UDO, the land which lies between the existing right-of-way and the proposed right-of-way, as provided in Section 8.203 herein, is dedicated to the City of Valparaiso in care of the Board of Public Works and Safety. 

Any permits authorized under this UDO, including but not limited to site permit or Building permit, permitting the erection, alteration or relocation of structures and/or other improvements falling under the jurisdiction of this UDO, shall be issued only, if, in addition to satisfying the requirements of this Section and all other requirements of the UDO, all improvements required to cause the road/street and right-of-way to meet the City standards for that classification of street are included for construction under the permit(s). Said improvements shall include, but not be limited to, pavement, pavement widening, curb and gutter, ADA compliant sidewalk ramps and sidewalks. 

Where recommended and approved by the City Engineer, the applicant may provide the approved cost of constructing all or portions of the improvements in lieu of constructing them. 

The Board of Public Works and Safety shall have the authority to waive the requirements of this section as it deems appropriate. 

Effective on: 1/1/1901

1. General. Where a subdivision is traversed by a watercourse, drainageway, natural channel, or stream, the applicant shall provide an easement or right-of-way with a location that is substantially the limit of such watercourse, plus additional width to accommodate a riparian buffer and future maintenance needs.
2. Drainage Facilities. Drainage facilities shall be provided and constructed at the expense of the applicant pursuant to the Standards Manual.

Effective on: 1/1/1901

Impact fees for the development of parks and recreation facilities on park land shall be paid, credited, used, or refunded as provided in City of Valparaiso Ordinance 49-2005, as amended from time to time.

Effective on: 1/1/1901

1. Generally. A registered land surveyor shall set subdivision monuments in accordance with this section. If this Section conflicts with IAC 1-12-18, Original or Retracement Survey Monumentation, as amended or superseded, the provisions of the Indiana Administrative Code or Indiana Statutes shall prevail.
2. Location of Monuments.
   1. Except as provided in subsection H., a monument, as defined in subsections C. through G., shall be set at every lot or parcel corner, including the interior lots of the subdivision.
   2. Corners to be set include the beginning and end of curves and the intersection of lines except where:
      1. The setting of a monument near another monument would cause confusion; or
      2. There is an existing monument at the corner that is within the limits of the relative positional accuracy for the class of survey being performed. 
3. Standard Monumentation.
   1. Monuments set in unpaved or other nonimpervious locations shall be five-eighths inch diameter or larger iron or steel rods, reinforcement bars, or galvanized pipes weighing a minimum of one pound per foot and being at least 24 inches long and set with the top flush with grade.
   2. Other monuments may be used if they: 
      1. Are made of material of similar or greater durability, size, and character; and
      2. Can be found by a device capable of detecting ferrous or magnetic objects.
4. Alternative Monumentation. Where practical, monuments in pavement or other impervious areas shall be set according to the requirements contained in subsection C. However, when it is not practical to set a monument in accordance with subsection C., then a two-inch or longer, one-fourth inch or larger diameter, magnetic concrete nail, or similar magnetic monument, shall be set, if possible. 
5. Tags and Caps. Monuments set under subsection C. or D. shall have a substantial plastic or metal tag or cap permanently affixed showing the registered land surveyor's surname and professional license number or board-issued firm/agency identification number. 
6. Markings Where Monuments Cannot Be Set. Where monuments as defined in subsection C. or D. cannot be set, the survey points must be: 
   1. Marked by: 
      1. A drill hole; 
      2. A cut cross; 
      3. A notch; or
      4. Other similar permanent mark; and 
   2. Referenced to any nearby witness monuments or permanent objects, such as:
      1. Building foundations; or
      2. Concrete head walls.
7. Offset Monuments.
   1. Where it is not possible or practical to set a monument at the survey point: 
      1. A monument shall be offset; and
      2. The location shall be selected so that the monument lies on a:
         1. Line of the survey; or
         2. Prolongation of the line.
   2. Offset monuments are not required at interior lot corners not adjoining a street right-of-way. Offset monuments shall be identified as such on the plat and, if possible, in the field. However, if existing monuments fall within the acceptable relative positional accuracy of the survey, a monument will not be required to be set.
8. Timing. Generally, monuments shall be set before the secondary plat is recorded. However, in the case of new subdivisions where, in the opinion of the surveyor, it is probable the individual lot monuments will be disturbed by construction, only the perimeter of the subdivision, or section thereof, must be monumented before recordation. In this situation, the setting of the individual lot monuments may be delayed until no later than:
   1. After construction is complete (including buildings); or
   2. Two years after recordation of the subdivision plat or, if the subdivision is platted by sections, after recordation of each section; whichever occurs first. In new subdivisions, if monuments are to be set before recording, then the placement of monuments shall be shown on the subdivision plat. If monuments are to be set after construction is complete, the surveyor shall record an affidavit, cross-referenced to the recorded plat, showing which monuments were set and which were found, the dates the monuments were set or found, together with a certification that states to the best of the surveyor's knowledge and belief the information contained in the affidavit is true and correct. Nothing in this subsection shall be construed to require the surveyor to wait until construction is completed to place monuments.

Effective on: 1/1/1901

As-built drawings, certified by a registered surveyor, shall be submitted to the City Engineer upon completion of subdivision infrastructure.

Effective on: 1/1/1901