In order to promote the realization of the comprehensive plan of the county; in order to provide reasonable requirements for public streets, community facilities and other public grounds; in order to provide for the health, safety, comfort and convenience of the residents of the county; in order that developers of land may have a procedural guide, the following regulations establishing reasonable standards of design and procedure for subdivisions, and for re-subdivisions of land and of areas subject to redevelopment within the county, are hereby adopted as part of the Hamilton County Unified Development Ordinance.

This ordinance is adopted pursuant to the authority granted to local government by IC 36-7-4-700, et seq. Authority for the administration of these regulations shall be vested in the plan commission. No plat or replat of a subdivision of land located within the jurisdictional zoning limits of the county shall be filed with the auditor or recorded by the recorder of Hamilton County until it has been approved by the plan commission, and such approval shall have been entered in writing on the plat by the president and secretary of the commission.

These regulations shall apply to all subdivision and re-subdivision of land within the zoning limits of the county, as now or hereafter established.

A.

No person shall subdivide or lay out into lots any land within the county, except in accordance with procedures and approvals as required herein.

B.

No building permit shall be issued for any parcel or plat of land created by a subdivision that is not in conformity with the provisions of this ordinance.

C.

No excavation of land or construction of any public or private improvements shall take place or be commenced for the purpose of creating a subdivision except in conformity with these regulations.

The regulations contained in this ordinance shall be referred to officially as "The Subdivision Control Ordinance of Hamilton County, Indiana," and the term "Regulations" or "Subdivision regulations," when used in this ordinance, shall mean, and shall have the force and effect of ordinance provisions of the Hamilton County, Indiana.

A.

The regulation of land subdivision has become widely recognized as a method of insuring sound community growth and the safeguarding of the interests of the homeowner, the subdivider, and the local government. The citizens of the county, as of all cities, need the assurance that residential subdivisions will provide permanent assets to the community. This section should be viewed not as an end in itself, but as one tool or technique for the shaping of urban land according to the comprehensive plan for the development of the community.

B.

The planning of the subdivision is the joint responsibility of the subdivider and the plan commission, the latter having the primary responsibility for the creation of desirable, stable neighborhoods that become an integral part of the entire county. Subdivision design and utility can enhance or depreciate the character and potentialities of the surrounding areas and stabilize or endanger the individual's investment in a home.

C.

The plan commission has the responsibility of helping the subdivider achieve a high standard of excellence in the planning of his subdivision, and of informing all subdividers of the minimum standards and requirements on which the county will insist.

Any subdivision of land shall follow the primary and secondary platting process.

A.

General criteria for acceptability.

i.

Conformance to comprehensive plan. The subdivision shall conform to the comprehensive plan, or the portions thereof now existing and shall not encroach upon areas designated in the comprehensive plan for future public facilities.

ii.

Provision for future subdivision. If a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged to allow the opening of future streets and logical further subdivision.

iii.

Reserve strips prohibited. There shall be no reservation of strips of land that prevent or limit access to land dedicated or intended to be dedicated to public use.

iv.

Building sites. Every lot must contain a suitable building site.

v.

Landscaping. All subdivisions shall comply with landscape standards of the Hamilton County zoning ordinance.

vi.

Conformance with Hamilton County thoroughfare plan. All proposed subdivisions shall conform to the thoroughfare plan, as is now or may be set forth hereafter. Whenever any tract to be subdivided embraces any part of said thoroughfare plan, such part of such public way shall be platted by the subdivider in the location and of the width indicated on the thoroughfare plan. Where streets are not shown in the thoroughfare plan, the arrangements of streets in a subdivision shall provide for the continuation or projection of existing principal streets in surrounding areas or, conform to a plan of the neighborhood approved and adopted by the plan commission.

vii.

Variations and exceptions. Variations and exceptions from the design and dimensional standards and improvement requirements of these regulations may be made by the plan commission in cases when showing exceptional conditions, there are extreme difficulties or hardships in the way of carrying out the strict letter of these regulations. Resubdivision of a single lot of a platted block of an old subdivision shall be considered as an exceptional condition meriting departure from the strict letter of these regulations. No variation or exception shall be made that will be detrimental to the public welfare or that will affect adversely the comprehensive plan. In addition, no variation or exception may be made by the plan commission which would violate or be contradictory to the requirements contained within the zoning ordinance, as well as any other applicable statute or regulation.

B.

Standards.

i.

Streets; general. The general criteria for street design shall be as follows:

a.

The arrangement, character, extension, width, grade, and location of all streets shall be correlated to existing and planned streets, existing topography, public convenience, and safety and in their appropriate relation to the proposed uses of the land to be served by such streets.

b.

Local streets shall be laid out so that their use by through traffic and high-speed traffic will be discouraged.

c.

Where a subdivision borders on or contains an existing or proposed principal arterial as shown in the thoroughfare plan, the plan commission shall require a marginal access street or reverse frontage with screen planting contained in a nonaccess reservation which shall have a minimum width of ten feet along the rear property line; or such other treatment as may be adequate for protection of residential properties and to afford separation of through and local traffic.

d.

Where a subdivision borders on or contains a railroad right-of-way, or limited access highway right-of-way, the plan commission may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land. Such distances shall be determined with due regard for the requirements of approved grades and future grade separation.

e.

Street jogs with centerline offsets of less than 150 feet shall be prohibited.

f.

On minor arterial streets, the minimum sight distance for vertical curves shall be 600 feet, measured from a point three feet, eight inches above the centerline of roadway. The minimum sight distance for other streets shall be 300 feet measured from three feet, eight inches above the centerline of roadway.

g.

Half-streets and half-alleys shall be prohibited. Whenever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tracts.

h.

Cul-de-sac and dead-end streets, designed to be so permanently, shall not be longer than 660 feet, as measured from the centerline of the street of origin to the center point of the turnaround, nor have more than 30 lots with direct access to the cul-de-sac or dead-end street. All dead-end streets shall terminate in a circular right-of-way within a minimum radius of 50 feet with an effective turning radius of 40 feet.

i.

All street intersections shall, where possible, be made at 90 degrees, but in no case shall the acute angle be less than 80 degrees.

j.

No street names shall be used which will duplicate or be confused with the names of existing streets within the county. All street names proposed shall be subject to the county engineer/planner's approval.

k.

No more than two streets shall intersect at one point.

l.

The developer shall be responsible for placement of street name signs at all street intersections, as approved by the county engineer/planner.

ii.

Streets; engineering. Street design shall comply with the following criteria. Other design items not listed below deemed necessary by the county commissioners shall be in conformance with the latest design standards adopted by the common council and available at the county engineer/planner's office.

a.

Right-of-way and roadway widths shall comply with the following standards:

b.

The minimum centerline horizontal curve on local streets and major and minor collector streets shall be 150 feet. Horizontal curves for principal and minor arterials shall be based upon the criteria recommended by the American Association of State Highway and Transportation Officials' "A Policy on Geometric Design of Highways and Streets," latest edition, and as approved by the county engineer/planner.

c.

A minimum tangent distance between reverse curves shall be 100 feet for local streets and 200 feet for major and minor collector streets. Tangent distances for principal and minor arterials shall be based upon the criteria recommended by the American Association of State Highway and Transportation Officials' "A Policy on Geometric Design of Highways and Streets," latest edition, and as approved by the county engineer/planner.

d.

Curb radii. The maximum street grade shall be five percent and the minimum street grade shall be one-half [of one] percent. A nearly flat grade with appropriate drainage slopes is desirable within intersections. This flat section shall extend 50 to 100 feet in all directions from the intersection.

iii.

Blocks.

a.

The width of blocks shall be sufficient to allow two tiers of lots, except where reverse frontage on a principal or minor arterial system street is required.

b.

Where effective use of land does not require otherwise, blocks in residential subdivisions shall not exceed 1,600 feet in length.

c.

In the event of block length exceeding 1,000 feet where the blocks are not arranged in the direction of natural traffic flow, a crosswalk or pedestrian way not less than ten feet in width may be required near the center and entirely across any block. Such pedestrian way shall be dedicated and paved to a width of five feet.

iv.

Lots.

a.

Residential lots shall be in accordance with the requirements of the zoning ordinance.

b.

Corner lots shall be ten feet wider than the average width of interior lots.

c.

The depth to width ratio shall be in accordance with the requirements of the zoning ordinance.

d.

Side lines of all lots shall be at right angles or radials to street lines.

e.

Every lot shall abut on a public street.

f.

Where larger than normal lots are proposed, they shall be of such shape and dimensions that future streets may be platted along lot lines.

g.

Lots shall be numbered consecutively throughout the entire subdivision.

v.

Easements.

a.

Easements centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least five feet wide on both sides of the property lines. Easements shall be contiguous to the street at the end of the block to connect with adjoining blocks in the shortest direct line.

b.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided an adequate stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse. Parallel streets or parkways may be required in connection therewith.

vi.

Alleys.

a.

Alleys shall be provided in commercial and manufacturing districts except that the plan commission may waive this requirement, if other definite and ensured provision is made for service access such as loading, unloading, and parking consistent with and adequate for the uses proposed.

b.

Alleys shall be prohibited in residential areas except where topographical or other conditions may necessitate their use.

c.

The width of an alley shall not be less than 16 feet, six inches.

d.

Alley intersections with sharp changes in alignment shall be avoided but where necessary, comers shall be cut off sufficiently to permit safe vehicular movement.

e.

Dead-end alleys shall be prohibited.

vii.

Sidewalks. 5-foot minimum concrete sidewalks or pedestrian ways shall be provided for pedestrian traffic per the discretion of the director for all developments.

viii.

Pedestrian ways. Paved pedestrian paths not adjacent to a curb and street shall have a minimum width of 8-foot.

ix.

Open space, vegetation, wildlife, recreation environmental, historic, and archaeological features. For all projects, including subdivisions and planned developments, in excess of three acres in area, except single family residence and agricultural uses, a minimum of 15 percent of the gross land area shall be devoted to open space; vegetation; wildlife; recreation; or environmental, historical, or archaeological preservation; or any combination of the same, as in the discretion of the plan commission is deemed appropriate.

C.

Monuments and markers.

i.

Monuments shall be concrete with a diameter of not less than six inches and 36 inches long, case in place, with a copper dowel three-eighths [of an] inch in diameter, at least 2½ inches in length, imbedded so that the top of the dowel shall be not more than one-fourth [of an] inch above the surface and at the center of the monument.

ii.

Monuments shall be set so that the top is level with the established grade adjoining it and placed so that the marked point on the metal center shall coincide exactly with the intersection of street property lines, the intersection of all angles in the boundary line and at the beginning and ending of all curves along streets on the inside street lines.

iii.

Lot corners not marked by concrete monuments, as required above, shall be marked by galvanized or wrought iron pipe, or iron or steel bars at least three feet in length and not less than five-eighths [of an] inch in diameter, the top of the pipe or bar to be set level with the established grade of the ground adjoining it.

D.

Pubic places.

i.

Whenever a park recreation area, playground, school site or other open space shown on the comprehensive plan is located in whole or in part in the proposed subdivision, the commission may require the dedication of those spaces.

ii.

Outstanding natural and cultural features, such as scenic spots and watercourses shall be preserved insofar as possible.

iii.

The name of the subdivision and new street names shall not duplicate, nor too closely approximate phonetically, the name of any other subdivision or street within or near the county. Street names shall be subject to the approval of the county engineer/planner's office.

E.

Improvements.

i.

Working drawings and specifications required. Before considering the approval of the secondary plat for any subdivision, the plan commission may require that complete working drawings and specifications be submitted for those improvements requested at the time of approval of the primary plat.

ii.

Source of drawings and specifications.

a.

The subdivider shall have working drawings and specifications for improvements prepared by a registered professional engineer retained by the subdivider.

b.

All working drawings, specifications and cost estimates shall be checked by a representative of the county, duly authorized by the plan commission.

c.

Working drawings and specifications shall be in strict accordance with county standards and requirements and shall be subject to approval by the county.

d.

Permission required. Specific permission of the county commissioners shall be secured before commencement of construction of any improvement. Approval of the secondary plat by the plan commission shall constitute permission to proceed with construction providing the plat is accepted for recording by the county recorder. If the subdivider elects to construct an improvement prior to approval of the secondary plat, the county commissioners may extend permission to proceed upon recommendation of the plan commission, together with certification by the county that working drawings and specifications have been prepared and checked.

e.

Other permission. The subdivider shall also secure any permission required by law of state or other officials and permission extended by the county commissioners shall not relieve the subdivider of responsibility to secure state and other approvals.

F.

Types of improvements. The plan commission may require one or more of the following improvements depending upon the nature and scope of the subdivision. Particular attention shall be given to means for disposition of stormwater and to the desirability of curb and gutter or other provisions to prevent breakdown of pavement edges. The design, layout and carrying capacities of stormwater, sanitary sewer and water facilities shall recognize the future requirements of adjacent undeveloped area.

i.

Street and alley grading and surfacing

ii.

Grading and surfacing of parking space

iii.

Curb and gutter

iv.

Sidewalks

v.

Sanitary sewerage facilities

vi.

Water mains and hydrants

vii.

Stormwater drainage facilities

viii.

Street signs

ix.

Streetlights

x.

Driveways

xi.

Survey monuments

xii.

Compacted fill.

G.

Inspection.

i.

All improvements shall be subject to inspection by a duly authorized and qualified county inspector both during the course of construction and after construction is complete. The inspector shall have authority over materials of construction, methods of construction and workmanship to ensure compliance with working drawings and specifications. The contractor shall provide for reasonable tests and proof of quality of materials as requested by the inspector. Upon due cause the inspector may require that work be suspended, and due cause shall include weather conditions, questionable materials of construction, methods of construction, workmanship or nonadherence to specifications and drawings.

ii.

Approval by the inspector or absence of inspection shall in no way relieve the subdivider of full responsibility for adherence by his contractors to specifications and working drawings nor for high standards of materials, methods, and workmanship.

iii.

Approval by the inspector shall not be deemed acceptance of the improvement by the county. Acceptance shall be only by action of the plan commission and acceptance shall be contingent upon a favorable inspection report.

iv.

It shall be the responsibility of the subdivider or his contractor to notify the administrator when work is to be started. The initial notification that a particular improvement is to be started shall be in writing.

H.

Responsibility of maintenance. As further assurance of serviceable construction and to provide for repair and damage resulting from subsequent construction operations of the subdivider or his contractors, the subdivider shall be responsible for all maintenance of an improvement until acceptance by the county commissioners providing, in addition that the subdivider shall be responsible for all maintenance of roadways, curb and gutter, sidewalk, parkway strips and extension boxes and hydrants of water facilities until all construction work has been completed upon such improvements.

I.

Guarantee of completion. The plan commission shall not consider approval of the secondary plat unless and until the subdivider has guaranteed the completion of all required improvements within a reasonable period and in compliance with working drawings and specifications. This guarantee shall consist of the following:

i.

Notice. A notice from the county commission stating that there has been filed with and approved, one of the following:

a.

A certificate that all improvements and installations to the subdivision required for its approval have been made or installed in accordance with specification; or

b.

A bond or irrevocable letter of credit which shall:

i.

Run to Hamilton County plan commission, Indiana.

ii.

Be in an amount determined by the county commissioners to be sufficient in amount to complete the improvements and installations in compliance with this ordinance.

iii.

Be with security satisfactory to the commission.

iv.

Specify the time for the completion of the improvements and installations.

ii.

Use of funds. Any funds received from these bonds shall be used by the plan commission only for the completion of the improvements and installations for which they were provided; and said board is authorized to complete such improvements and installations on the failure of applicant to do so.

iii.

Acceptance. Acceptance of an improvement for the county shall be only by resolution of the county plan commission. Acceptance shall be contingent upon:

a.

Fulfillment of the requirements of this ordinance.

b.

Satisfactory and proper conveyances being made by the subdivider to the county.

c.

Improvement being complete and in good repair in accordance with county standards and requirements.

d.

Inspection reports indicating compliance with working drawings and specifications.

e.

A single improvement shall not be accepted in part; it shall be complete throughout the subdivision as indicated in the secondary plat and working drawings. The subgrade and base course of a street and alley shall be considered as a single improvement.

f.

Acceptance of an improvement shall constitute release of the applicable portion of the performance bond or the applicable portion of the balance of cash deposit.

g.

Submittal of as-built drawings of the subdivision improvements to the plan commission office shall be provided electronically (shape file) and hard copy.

J.

Protection and repair of existing improvements. The subdivider, his contractors and suppliers shall be jointly and severally responsible that existing improvements and the property of the county are not damaged or rendered less useful or unsightly by the operation of the subdivider, his contractors, or suppliers. This provision is intended to include damage or nuisance with respect to the land, improvements or landscaping of the county; damage to existing streets, sidewalks, curb and gutter, parkways by passage there over of equipment or trucks or by excavation for any purpose; the spillage or tracking of earth, sand or rock onto existing streets, sidewalks, curb and gutter or parkways; the washing by stormwater of earth or sand onto streets, sidewalks, curb and gutter or parkways or into catch basins; damage to water mains, sanitary sewers, culverts or storm sewers. To reduce or localize the possibility of damage to streets by heavy trucking, the executive director shall instruct the subdivider as to the streets to be used for access to the subdivision by equipment and trucks, and the subdivider shall be responsible for enforcement of this instruction upon his contractors and their suppliers. The subdivider shall make provisions to prevent washing of earth or sand onto sidewalks, streets, curb, and gutter and into catch basins by stormwater. Where deemed advisable, the executive director shall have the power to require, either prior to commencement of construction or after construction is in process, that the subdivider post a surety to guarantee repair of damages or abatement of nuisance. Where need for surety becomes apparent after construction is in process, the executive director shall have the power to order construction discontinued until surety has been posted. Expenses incurred by the county in repairing damages, cleaning streets, catch basins and sewers shall be deducted from the surety.

K.

Other regulations prevail. None of the provisions of these regulations pertaining to permission, surety, fees, acceptance and approval shall be construed as exempting subdividers, general contractors, sidewalk contractors, cement contractors, building contractors, plumbing contractors or plumbers, sewer contractors, sewer builders, drain layers, electrical contractors, electricians or any other contractor or craftsman from any other ordinance or regulation of the county with respect to licenses, fees, surety, inspection or other control.

A.

Informal consideration. The subdivider shall be required to present a sketch in the form noted above for staff review prior to submitting an application for a primary plat. The purpose of this review is to acquaint the subdivider with applicable plans and ordinances, as well as, to make the subdivider aware of procedural and application requirements. The plan commission may consider the failure to present a sketch to staff prior to the submission of a primary plat as an improper form or an incomplete application and may not receive or consider the application until the staff review has occurred in accordance with the requirements set forth herein.

B.

Application. The procedure for submission of a primary plat shall be as follows:

i.

The subdivider shall submit a written application with payment of filing fee, together with ten copies of the primary plat to the county engineer/planner. In addition, the subdivider shall also submit an electronic copy of the plat in PDF or a format which is compatible to the current county computer system.

ii.

The application shall specify the intent of the subdivider with respect to land use, drainage, sewage disposal and water supply. Where applicable, the application shall also specify the intent of the subdivider with respect to schools, recreation facilities, essential municipal services and street improvement proposed by the subdivider; the application shall also specify any existing restrictions or intended restrictions on the property to be subdivided, as well as the expected date of its development.

iii.

The plan commission shall determine whether the application and the primary layout are in proper form and shall not receive or consider the application as filed until all documents are in accordance with the requirements set forth herein.

C.

Consideration. The plan commission will study the primary layout in connection with the comprehensive plan, including the thoroughfare plan, the zoning ordinance, and the topography of the area, and will take into consideration the general requirements of the community, the particular requirements of the neighborhood, and the best use of the land to be subdivided. Particular attention will be given to specific requirements for parks, playgrounds, school sites, major streets, the adequacy of street connections and the suitability of the land for development.

D.

Public hearing. Upon receipt of an application for primary approval, the plan commission staff shall review the application for technical conformity with the standards fixed in this ordinance. Within 30 days after receipt, the staff shall announce the date for a hearing before the plan commission and provide notice in accordance with IC 36-7-4-706, as amended. The procedures for the setting of hearing dates and the conduct of hearings are determined by the plan commission as part of its rules of procedure.

E.

Action. After the public hearing, the plan commission shall act on the primary plat in one of the following ways:

i.

Approval. If the plan commission approves the plat as submitted, it shall prepare written findings and affix the commission's seal upon the plat indicating approval. The plat shall also be signed by one of the designated officials identified within this ordinance.

ii.

Approval subject to. If the plan commission approves the plat subject to certain conditions, it shall set forth written findings and these conditions in the records of the meeting and provide the applicant with a copy. These conditions shall also be signed by one of the designated officials identified within this ordinance.

a.

The applicant shall make the changes as required by the commission and resubmit the plat ten days prior to the next meeting of the commission.

b.

The plan commission shall consider the revised plat without a public hearing at their next meeting and if they find all conditions to be satisfied, shall affix the commission's seal upon the plat indicating approval. The plat shall also be signed by one of the designated officials identified within this ordinance.

c.

If the applicant fails to resubmit the plat with the required changes or to request, in writing, an extension of time, the primary plat shall be considered as disapproved based upon the findings and conditions previously identified by the commission.

iii.

Disapproval. If the plan commission disapproves the plat as submitted, it shall prepare written findings and set forth all of its reasons in the records of the meeting. These reasons shall be signed by one of the designated officials identified within this ordinance. A copy of these signed reasons in the records shall be provided to the applicant.

F.

Effective period of approval. Approval of the primary plat shall be effective for a maximum of 12 months, except that submission within this period of a secondary plat applying to a portion of the area covered by the primary plat shall extend the effective period of approval to a maximum of 24 months from the date of approval of the primary plat. If a secondary plat has not been submitted to the plan commission within this time limit, the primary plat shall again be submitted to the plan commission approval.

G.

Fees. At the time of filing an application for approval of the plat, the application shall be accompanied by a certified check or money order, payable to the county as follows:

i.

Amount. Filing fees for primary plats shall be determined by the plan commission as part of its rules of procedure. Fee amounts shall be established based on recovering costs incurred by the county for processing and reviewing applications.

ii.

Use. All fees collected for the review and approval of subdivisions shall be credited to the general fund of the county.

H.

Exempt parcels. In the event a proposed subdivision is one acre or less in area and does not involve the extension of a street, the subdivider shall have the right to apply concurrently for primary and secondary plat approval. All the information and submittals required for both the primary and secondary plats shall be submitted with the application for plat approval. In such case, the fee required by this ordinance shall be payable upon submission of the secondary plat. In the event a proposed subdivision involves the conveyance of portions of existing lots or parcels to other existing lots or parcels, the subdivision may be considered exempt and need not file an application for primary or final subdivision approval as restricted by the following:

i.

The conveyance does not involve the extension of a street.

ii.

All resultant properties must comply with the requirements contained in this ordinance, the zoning ordinance, and any other applicable code or ordinance.

I.

Planned unit developments. The procedure for platting or subdividing land within a planned unit development district shall be the same as that prescribed by this ordinance. The design and development of planned unit development districts shall be identical to those standards prescribed by this ordinance, unless specifically approved otherwise as part of the planned unit development.

J.

Commencement of construction. No grading, building or construction of any kind relating to development of land within the definition of subdivision shall be started except in accordance with these regulations. Construction of buildings and dwellings shall be started only after issuance of building permits, and no building permit shall be issued prior to recording of the secondary plat.

Prior to a primary plat filing, all petitioners shall meet and review the proposed filing with the executive director.

A.

Preparation. The primary plat shall be prepared and presented as follows:

i.

The plat shall be drawn at a scale of 50 feet to one inch on a sheet or sheets 24 inches by 36 inches in size, except that when the drawing at that scale requires more than two sheets, the plat may be drawn at a scale of 100 feet to one inch.

ii.

The plat shall include a vicinity key map at an appropriate scale with a layout of the proposed subdivisions and all existing subdivisions, street and tract lines, and acreage parcels of land immediately adjoining the proposed subdivision and between it and the nearest existing thoroughfares. It shall show how streets in the proposed subdivision may connect with existing and proposed streets in the contiguous subdivisions or undeveloped property to produce the most advantageous development of the entire neighborhood.

B.

Content. The plat shall contain the following information:

i.

Description.

a.

Proposed name of subdivision; preferably such names shall be brief.

b.

Location by section, township, and range, or by other legal description.

c.

Name, address, phone number and fax number of subdivider.

d.

Name, address, phone number, fax number and seal of registered professional engineer or land surveyor preparing the plat.

e.

Scale of plat, graphic scale, north point, and date.

ii.

Existing conditions.

a.

Boundary line of proposed subdivision indicated by solid heavy line.

b.

Location, width, and names of all existing or prior platted streets or other public ways, railroad and utility rights-of-way, parks, and other public open spaces. Location of permanent buildings or structures and section and municipal corporation lines within or adjacent to the tract.

c.

In case of a replat, all descriptive liens of the original plat being vacated shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid confusion.

d.

Existing sewers, water mains, culverts, or other underground facilities within and adjacent to the tract, indicating pipe sizes, grades and exact location as obtained from public records. If water mains and sewers are not adjacent to the tract, the direction to, distance to the nearest ones and their size shall be shown.

e.

Existing zoning of proposed subdivision and adjacent tracts in zoned areas.

f.

Contours based on county datum of not more than five feet nor less than two feet vertical intervals. One-foot contour intervals and spot elevations of specific structures and improvements may be requested as part of the primary plat review by the plan commission.

g.

Subsurface conditions on the tract, location and results of tests made to ascertain subsurface soil, rock and groundwater conditions, depth of groundwater, unless test pits are dry to a depth of seven feet.

h.

Other conditions on the tract such as watercourses, marshes, wooded areas, etc.

i.

If individual sewage disposal systems are proposed, the location and results of the soil percolation test shall be shown.

iii.

Proposed conditions. The primary plat shall be subject to the following conditions:

a.

Layout of streets, their names and widths, and widths of alleys, crosswalks, and easements. The names of streets shall conform so far as practicable to the names of corresponding streets existing in the vicinity of the subdivision.

b.

Layout, dimensions and number of lots, gross acreage, total acreage of lots, lineal feet of streets.

c.

Parcels of land to be dedicated or temporarily reserved for public use or set aside for the use of property owners in the subdivision. Land dedicated for parks or other public uses shall be set forth and described in the articles of dedication and shall also be shown on the plat under the appropriate heading such as "Park Land" or "Out Lot for Public Use" on the plat thereof.

d.

Building setback lines.

e.

Proposed methods of providing for stormwater, sanitary sewage, and water.

f.

Where the primary plat covers only a part of the subdivider's entire holding, a sketch of the prospective street system of the unsubmitted part shall be furnished and the street system of the submitted part will be considered in the light of adjustments and connections with the street system of the part not submitted.

iv.

Additional data. When required by the plan commission, at the time of informal consideration, the primary plat shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross sections of the proposed grading, roadway, and sidewalk; and primary plan of proposed sanitary and storm sewers with grades and sizes indicated. All elevations shall be based on a datum plan approved by the county engineer/planner.

A.

Application. The procedure for submission of a secondary plat shall be as follows: After approval of the primary plat by the plan commission and fulfillment of the required conditions, the subdivider shall apply in writing to the president of the plan commission for approval of a secondary plat.

i.

The application shall be in duplicate and shall be accompanied by the original inked plat on mylar, ten prints, and an electronic copy of the plat on computer disk in a format which is compatible to the current county computer system.

ii.

If desired, the secondary plat may constitute only that portion of the approved primary plat which is proposed to be recorded and developed at the present time; provided, however, that such portion conforms to all requirements of these regulations.

B.

Consideration. The secondary plat will not be considered as submitted unless it is in agreement with the specifications and accompanied by the required documents.

The plan commission shall submit the secondary plat to the county engineer/planner's office for review and report.

C.

Hearing. The plan commission shall consider the application and secondary plat, without public hearing, not later than the second regular monthly meeting following its proper submittal.

D.

Action. The plan commission shall take action on the secondary plat in one of the following ways:

i.

Approval. If the plan commission approves the secondary plat, it shall place a certification thereof on the original drawing and the reproduced copies thereof.

ii.

Disapproval. If the plan commission disapproves the secondary plat, it shall set forth the reasons for disapproval and recommendations for correction in the records of the meeting and provide the applicant with a copy, along with the original tracing of the secondary plat.

E.

Recording. After approval of the secondary plat and certification by the plan commission, the original tracing shall be transmitted to the subdivider for recording with the county recorder of Hamilton County. All costs for recording shall be borne by the subdivider at the time of recording.

F.

Plan commission copy. The subdivider shall provide a copy of the recorded secondary plat to the county engineer's office and will serve as record for the plan commission copy.

G.

Conditions of approval. Approval of the secondary plat shall not be deemed to constitute or effect an acceptance by the county of any improvements shown on the plat.

Approval of the secondary plat shall be invalid if the plat is not acceptable for recording or is not recorded within six months from the date of approval, in the office of the recorder of deeds of Hamilton County.

H.

Assurance to subdivide. If, at the time the subdivider applies for secondary plat approval, it has been demonstrated to the satisfaction of the plan commission that the conditions of these regulations have been met, and if the secondary plat conforms substantially to the primary plat as approved, the commission shall give secondary plat approval.

A.

Preparation. The secondary plat shall conform to the primary plat as approved.

B.

Contents. The secondary plat shall contain the following information:

i.

General and engineering data.

a.

Name of subdivision.

b.

Location by section, township and range or other legal description.

c.

Scale shown graphically and numerically, date and north point.

d.

Boundary of plat, based on an accurate traverse with angular and lineal dimension.

e.

Exact location, width, and name of all streets within and adjoining the plat and the exact location and width of all alleys and crosswalks.

f.

Through courses and distances to the nearest established street lines of official monument, which shall accurately describe the location of the plat.

g.

Town, township, county, or section line accurately tied to the lines of the subdivision by distances and courses.

h.

Radii, internal angles, points of curvature and tangency, length of tangents, lengths of all arcs and similar data.

i.

All easements for right-of-way provided for public services, utilities, or drainage.

j.

All lot numbers and lines with accurate dimensions in feet and hundredths. Lots in numbered additions to subdivisions bearing the same name may be numbered consecutively through the several additions. All lots within one addition shall be numbered consecutively.

k.

Lines of all streets with accurate dimensions in feet and hundredths showing angles to all other street and alley lines.

l.

Accurate locations of all monuments.

m.

Accurate outlines and legal descriptions of any areas other than public ways to be dedicated or reserved for public use and semipublic use, with the purpose indicated thereon; and for any areas to be reserved for use of all property owners.

n.

Building setback line accurately shown with dimensions which are not in conflict with the zoning ordinance of the town.

ii.

Certifications and approvals.

a.

Accurate location and reference of all monuments.

b.

Certification by a registered land surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon actually exist as located and that all dimensional and other details, such as curve data, are correct.

c.

Notarized certification by the owner or owners of the land or other persons having an interest therein of the adoption of the plat and the dedication of streets and other public areas.

d.

Space for approval of the plan commission by date and signature of the president and secretary of the commission.

e.

Space for approval of county auditor by date, signature, and certification.

f.

Space for approval of county recorder by date, signature, and certification.

g.

Items (a) through (f) shall be executed in order of listings.

C.

Attendant items. The secondary plat shall be accompanied by documents including the following:

i.

Two copies of working drawings and specifications for improvements.

ii.

Two copies of restrictions to be incorporated into deeds or covenants to be recorded with the plat.

D.

Enforcement of ordinances and penalties for violation thereof.

i.

Violations. A failure to comply with any of the requirements of this ordinance, including violations of conditions and safeguards established in connection with the granting of waivers, as well as subdivision approval, shall constitute a violation of this ordinance.

ii.

Legal proceedings. The plan commission, plan commission attorney, the board of zoning appeals, the building inspector, or any designated enforcement official may bring to the attention of the building inspector and/or town attorney a violation of the provisions of this ordinance in order to initiate legal proceedings pursuant to statute.

iii.

Mandatory injunction. The plan commission, the board of zoning appeals, the building inspector, or any designated enforcement official may request the town attorney to bring an action for a mandatory injunction directing any person to remove a structure and/or to discontinue working in violation of the provisions of this ordinance pursuant to state statute.

iv.

Common nuisance. Any structure erected, raised, or converted, or land or premises used in violation of any provision of this ordinance or of the requirements thereof, is hereby declared to be a common nuisance and as such may be abated in such a manner as nuisances are now or may hereafter be abated under existing law.

v.

Fines. Any person who violates this ordinance shall, upon conviction, be fined not less than $25 nor more than $2500.00 for each offense. For the purposes of this ordinance, each day a violation of terms of this ordinance exists shall constitute a separate offense.

vi.

Person in violation. Any person who attempts, commits, participates in, assists, or maintains a violation of this ordinance may be found guilty and suffer the penalties herein provided.

vii.

Remedy for failure. The remedy provided in this section for failure to comply with any of the requirements of this ordinance, whether civil, criminal or otherwise, shall be cumulative and shall be in addition to any other remedy provided by law. The civil penalty hereinafter described shall be used in preference to the criminal penalty on all violations except in the case of repeated, malicious, willfully prolonged, or flagrant violations.

viii.

Assurance of discontinuance. For all violations, the building inspector may accept an assurance of discontinuance of any act or violation. Such assurance shall specify a time limit in which the act or violation shall be discontinued.

E.

Amendments. The plan commission may, from time to time, amend, supplement, or change the regulations of this ordinance as provided by law.

LAND SURVEYOR CERTIFICATE

I,__________ , hereby certify that I am a land surveyor, licensed in compliance with the laws of the state of Indiana, that this plat correctly represents a survey completed or certified by me on__________; that all monuments will be installed in accordance with the provisions of the platting ordinance; and that their location, size, type, and material are accurately shown.

COMMISSION CERTIFICATE OF APPROVAL

Pursuit to the authority provided by the Acts of the General Assembly of the State of Indiana, and all Acts amendatory thereto, the undersigned certify that this plat was considered; found to be in compliance with the standards set forth in the Ordinance; and approved by the Hamilton County Plan Commission on the_______ day of__________, 20__ .

In witness whereof, we have attached our signatures and the Commission's seal hereupon.

AUDITOR CERTIFICATE OF APPROVAL

Duly entered taxation this________day of__________,_______.

RECORDER CERTIFICATE OF APPROVAL

Received for record this__________day of__________,_______, at_______ o'clock___________and entered as Plat No. __________in Book No.__________ on page number__________, in the records of Hamilton [County].

DEED OF DEDICATION

I (we),______________________the undersigned certify that I (we) are the owner(s) of the real estate shown and described herein; and do hereby lay off, plat, and subdivide, said real estate in accordance with the within plat.

This subdivision shall be known and designated as__________, an addition to Hamilton County, Indiana. All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public. Front and side yard setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there shall be erected or maintained no building or structure.

There are strips of ground shown on this plat and marked "Easement," reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved.

No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject to the rights of public utilities.

(Additional dedications and protective covenants, or private restrictions can be inserted here upon the subdivider's initiative or the recommendations of the commission.)

WITNESS our hands, this_________day of__________, 20__.

Before me the undersigned notary public, in and for the county and state, personally appeared__________, and (each) separately and severally acknowledged the foregoing instrument as his/her (their) voluntary act and deed for the purposes therein expressed.

Witness my hand and notarial seal this_________day of__________, 20__.