a.

Title. This Section of the Whiting Unified Development Document shall be known, cited, and referred to as the "Subdivision Control Regulations for the City of Whiting, Indiana."

b.

Intent and Purposes. The purposes of these subdivision regulations are to protect and promote the public health, safety, and general welfare, and to provide for:

(1)

Guidance of future growth and development in accordance with the Comprehensive Plan and other applicable City policies and ordinances.

(2)

Protection of the character, and the social, and economic stability of all parts of the area, and encouraging the orderly and beneficial development of all parts of the jurisdiction.

(3)

Protection and conservation of the value of land, buildings, and other improvements upon the land, and minimizing the conflicts among the uses of land and buildings.

(4)

Avoidance of scattered and uncontrolled subdivisions of land that would result in the unnecessary imposition of an excessive expenditure of public funds for the supply of services that are a part of community infrastructure.

(5)

Establishment of reasonable standards and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and ensuring proper legal descriptions and monumenting of subdivided land.

(6)

Prevention of the pollution of air and water, provision of drainage facilities and safeguarding of the water table, and encouragement of wise use and management of natural resources in order to preserve the integrity, stability, natural beauty, topography, and value of land.

(7)

Guidance of public and private policy and action to provide adequate and efficient public and private facilities, the most aesthetically pleasing and beneficial interrelationship between land use, and conservation of natural resources such as natural beauty, woodlands, open spaces, and energy, both during and after development.

(8)

Causing the cost of design and installation of improvements in new, platted subdivisions to be borne by the persons purchasing the lots rather than by any direct or indirect burden upon existing property owners beyond the limits of the subdivision who have already paid for the improvements servicing their property.

c.

Jurisdiction. This ordinance, which was enacted pursuant to Indiana home rule and planning enabling legislation (IC § 36-1-3-4 and the § 36-7-4-700 series, as amended), authorizes the Whiting Plan Commission to review and approve or disapprove plats for subdivisions within the jurisdictional area of the City of Whiting, Indiana. The Plan Commission is hereby authorized to waive any or all requirements of this section when a literal enforcement of this section would result in unnecessary hardships and when such waiver will not be contrary to the public interest.

d.

Policy and Interpretation.

(1)

No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Plan Commission, in accordance with the provisions of these regulations, and filed with the Lake County Recorder.

(2)

The division of any lot or any parcel of land into a subdivision, as defined in this Ordinance, by the use of metes and bounds description for the purpose of sale, transfer, or lease resulting in the creation of one (1) or more new building sites shall not be permitted. All such described divisions shall be subject to all of the appropriate requirements of this Ordinance.

(3)

Land to be subdivided shall be of such a character that it can be developed without peril to health, flood, fire, or other menace; and land shall not be subdivided until access to available existing public facilities, improvements, and proper provisions have been made for drainage, water, sewerage, other necessary new public improvements such as schools, parks, recreation facilities, and transportation facilities adequate for serving the subdivision.

(4)

No plat or re-plat of a subdivision of land located within the jurisdiction of the Plan Commission shall be recorded 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 Plan Commission.

(5)

No land shall be subdivided unless the intended use of the individual lot is in conformance with all provisions of this Ordinance and the Comprehensive Plan, now or hereafter adopted.

(6)

In all subdivisions, due regard shall be given to the preservation of historical sites and natural features such as large trees, water courses, and scenic views.

(7)

In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

(8)

Conflict with Public and Private Provision:

i.

Public Provisions: The regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule, regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule, regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

ii.

Private Provisions: These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirement of these regulations, or the determinations of the Plan Commission in providing a subdivision or in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder. (Note: Private provisions can only be enforced privately, unless a public agency has been made party to such agreements.)

(9)

No Improvement Location Permit or Certificate of Occupancy shall be issued for any parcel or plat of land that was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the regulations contained herein.

(10)

These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations.

(11)

These regulations shall not apply to the following:

i.

An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth, or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat.

ii.

A division of land into two (2) or more tracts for an agricultural use.

iii.

An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.

iv.

The unwilling sale of land as a result of legal condemnations as defined and allowed in the Indiana State Law.

v.

Widening of existing streets to conform to the Comprehensive Plan, Thoroughfare Plan, or Capital Improvement Plan.

vi.

The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan or Thoroughfare Plan.

vii.

The exchange of land for the purpose of straightening property boundary lines which does not result in the change of the present land usage.

e.

Replats. For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, area reserved thereon for public use, or any lot line, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions, such change shall be approved by the Plan Commission by the same procedure, rules, and regulations as for a subdivision.

a.

Inspections and Permits.

(1)

The applicant shall notify the Zoning Administrator twenty-four (24) hours prior to the planned installation of improvements with the development. The Zoning Administrator will notify the City Engineer, who shall have the responsibility for inspecting and testing street curbs, sub-bases, pavement depth and quality, sewer lines, water lines, utilities, and drainage improvements to see that they conform to the specifications of this Ordinance.

(2)

The City of Whiting shall reserve the right to withhold Improvement Location Permits for the remaining ten (10) percent of undeveloped lots in a final subdivision plat if the applicant has failed to install all of the improvements shown on the secondary plat and final construction plans, except for sidewalks. Sidewalks may be installed on each lot by individual builders upon development of individual lots.

(3)

All fees and costs of the City Engineer in review of plats, plans, specifications, field inspection of improvements, and any other aspects of subdivision review, shall be paid by the subdivider.

(4)

Disagreements shall be settled by the Plan Commission by majority vote.

(5)

Fees shall be paid on a monthly billing cycle unless authorized otherwise by the Plan Commission, in accordance with the official fee schedule.

(6)

The City Engineer may be an engineering firm that the Plan Commission has hired or retained to review development plans, subdivision plats and planned unit developments.

(7)

Definitions. All terms used in this section, not otherwise defined herein, shall have the definitions section of this Ordinance.

a.

General.

(1)

In the development of subdivisions, the capacity of City utilities may be used to restrict the number of developable lots in any given subdivision proposal.

b.

Application for Subdivision.

(1)

The subdivider shall consult informally with the Zoning Administrator and the City Engineer for advice and assistance before filing the application for a primary, secondary, or minor subdivision plat. At this meeting, the applicant should submit a conceptual layout of the plat for review.

(2)

The applicant shall provide the criteria required for primary, secondary or minor subdivision plats based on the decision made with the Zoning Administrator in the consultation listed above.

(3)

No application shall be accepted until all items detailed below have been completed and executed by the person proposing the subdivision, or his designee.

(4)

When the applicant wishes to pursue the plat before the Plan Commission, he shall complete the requirements of Section 6.3 E and submit eight (8) copies of the proposed plat and application to the Zoning Administrator along with the appropriate fees as specified in the official fee schedule. The Zoning Administrator and/or the Plan Commission shall have fifteen (15) days in which to review the documents and to determine if there are any deficiencies of the proposed plat. The deficiencies, if any, shall be submitted to the applicant in writing.

(5)

All deficiencies shall be corrected, and four (4) copies of the amended plat shall be submitted to the Zoning Administrator within ten (10) days of receiving the list of deficiencies from the Zoning Administrator.

(6)

The Zoning Administrator shall announce the date for a hearing before the Plan Commission or Plat Committee within five (5) days of receiving the corrected plat

(7)

Street names shall be proposed, but the final decision of the street names shall be determined by the Plan Commission.

(8)

Upon placement on the agenda, and prior to the date of a hearing, the City Engineer shall review the proposal and prepare a written report to the Plan Commission or Plat Committee and applicant indicating a recommendation with regard to the subdivision being proposed.

(9)

The applicant shall pay all fees of the City Engineer incurred in review of the application and inspection of the development of the subdivision.

c.

Minor Subdivision Plat Procedures.

(1)

The intent of this section is to eliminate redundant requirement for minor plats which do not necessitate all of the detail of larger plats. However, the intent of this section is not to circumvent good subdivision practices; therefore, the use of this procedure shall be limited to the division of a tract of land into four (4) residential parcels or less, fronting upon an existing street and needing no new street or infrastructure, may be granted primary approval by the Plat Committee without public notice and hearing, subject to appeal to the Plan Commission.

i.

The development of an entire and contiguous city block may be considered a minor subdivision and may be granted primary approval by the Plat Committee without public notice and hearing, subject to appeal to the Plan Commission.

(2)

The minor subdivision plat application shall be subject to the same basic requirements as a primary subdivision application which can be found in the Rules of Procedure.

(3)

Approval. If the Plat Committee determines in the public hearing that the primary plat complies with the standards set forth in this Ordinance, it shall make written findings and a decision granting primary approval to the plat. This information shall be sent to the applicant in a letter signed by the President and Secretary of the Plan Commission.

i.

Approval of a primary plat by the Plat Committee is strictly tentative, involving merely the general acceptability of the layout submitted.

ii.

The Plat Committee may introduce such changes or revisions as are deemed necessary forth the best interest and general welfare of the community.

(4)

Disapproval.

i.

If the Plat Committee disapproves a primary plat application, the Plat Committee shall make written findings and notify the applicant in writing, stating the specific reasons for disapproval. This written notice shall be signed by the President and Secretary of the Plan Commission.

ii.

The applicant may submit a new application for primary plat approval but must pay all applicable fees as if it were an original application.

d.

Primary Plat Procedures.

(1)

The primary plat shall be submitted based on the requirements set forth in the rules of procedure.

(2)

The primary plat shall be prepared and certified by a land surveyor registered by the State of Indiana.

(3)

The primary plat and application for approval shall be accompanied by a certified check or money order in an amount specified in the official fee schedule of the City of Whiting as maintained in the Office of the Clerk-Treasurer and the Whiting Building and Planning Department.

e.

Notice of Public Hearing for Primary Plats.

(1)

The Zoning Administrator shall assist the applicant in the preparation of a Notice of Public Hearing to be published in a local newspaper of general circulation. The legal notice shall appear in the newspaper ten (10) days prior to the date of the public hearing, and the cost of the notice shall be borne by the applicant. A proof of publication shall be retained by the Zoning Administrator.

(2)

A notice of Public Hearing to Interested Parties shall be sent by the applicant, at the expense of the applicant, to all interested parties adjacent to the proposed subdivided property ten (10) days before the date of the public hearing on the primary plat. The interested parties shall be notified by Certified Mail with Return Receipts Requested. An alternative method of notification would consist of an affidavit or proof of mailing which the applicant certifies that he has personally delivered the Notice of Public Hearings to interested parties and has obtained the signatures of each interested party to be notified. This affidavit shall be properly notarized.

(3)

Legal notices shall include the all details found in the Plan Commission Rules of Procedure.

i.

The general location of the proposed subdivision and a legal description of the land contained therein.

ii.

That the primary plat is available for examination at the office of the Whiting Clerk-Treasurer and the Whiting Building and Planning Department.

iii.

That a public hearing will be held and giving the date and hour of the hearing.

iv.

Written comments on the plat will be accepted prior to the public hearing and may be submitted to the Zoning Administrator for the Plan Commission.

(4)

Legal notices shall comply with IC § 5-3-1.

(5)

Proofs of publication, receipts of mailing, or proofs of mailing shall be submitted to the Clerk-Treasurer and the Whiting Building and Planning Department three (3) business days prior to the date of the public hearing.

(6)

Names and addresses of interested parties adjacent to the subdivision site shall be presented to the Zoning Administrator at the time of primary plat application is filed.

f.

Primary Plat Approval.

(1)

Approval.

i.

If the Plan Commission determines in the public hearing that the primary plat complies with the standards set forth in this Ordinance, it shall make written findings and a decision granting primary approval to the plat. This information shall be sent to the applicant in a letter signed by the President and Secretary of the Plan Commission.

ii.

Approval of a primary plat by the Plan Commission is strictly tentative, involving merely the general acceptability of the layout submitted.

iii.

The Plan Commission may introduce such changes or revisions as are deemed necessary for the best interest and general welfare of the community.

iv.

The primary approval of a plat by the Plan Commission shall be certified on behalf of the Plan Commission by the President and Secretary of the Plan Commission, who shall state the approval in a letter and affix their signatures to it.

(2)

Disapproval.

i.

If the Plan Commission disapproves a primary plat application, the Plan Commission shall make written findings and notify the applicant in writing, stating the specific reasons for disapproval. This written notice shall be signed by the President and Secretary of the Plan Commission.

ii.

The applicant may submit a new application for primary plat approval but must pay all applicable fees as if it were an original application.

g.

Secondary Plat Procedure.

(1)

After ten (10) days after the approval of a minor subdivision or primary plat, the applicant may submit Eight (8) blackline or blueline reproductions of the secondary plat of the subdivision the Plan Commission or Plat Committee along with one (1) reproducible mylar transparency. All plats shall be drawn at the same scale as the primary or minor subdivision plat and shall be drawn on a sheet twenty-four (24) inches by thirty-six (36) inches in size.

(2)

Secondary plats of minor subdivisions that were approved by the Plat Committee shall be submitted to the Plat Committee for secondary plat review. Primary plats heard by the Plan Commission may submit secondary plats to be heard by either the Plan Commission or Plat Committee. The Zoning Administrator shall determine if the Plan Commission or Plat Committee shall hear the secondary plat based on the size of the secondary plat application.

(3)

If the Plan Commission or Plat Committee approves the secondary plat, it shall place a certification thereof on the reproduced copies. Upon the final approval of the plat, one (1) copy of the certified plat shall be forwarded to each of the following persons by the applicant:

i.

Lake County Auditor and Recorder.

ii.

Any corporate utility company that may be affected.

iii.

Subdivider or applicant.

iv.

File of Plan Commission.

v.

Lake County Surveyor.

vi.

City Engineer.

(4)

The secondary plat may include all of the minor subdivision and all or only a part of the primary plat which has received approval and shall be prepared and certified by a land surveyor registered by the State of Indiana. If the secondary plat does not contain all of the land approved on the primary plat, it shall be designated by a section number in a numerical order.

(5)

The secondary plat application shall include the requirements set forth in the rules of procedure.

h.

Secondary Plat Approval.

(1)

Within thirty (30) days after application for approval of the secondary plat, the Plan Commission or Plat Committee shall approve or disapprove it. If the Plan Commission or Plat Committee determines that the plat complies with the standards of this Ordinance, it shall make written findings and render a decision regarding secondary approval to the plat. No notices of public hearing shall be required for secondary plat approval.

(2)

The secondary approval of the plat by the Plan Commission shall be certified on behalf of the Plan Commission by the President and Secretary, who shall affix their signatures to the plat original and all other relevant documents which also may require such signatures.

(3)

If the Plan Commission disapproves the secondary plat, it shall make written findings and notify the applicant in writing, stating the specific reasons for disapproval. This written notice shall be signed by the President and Secretary of the Plan Commission.

(4)

Approval of the secondary plat shall be effective for a maximum period of three (3) years from the date of approval. Failure to obtain approval from the Plan Commission, record the plat with the Lake County Recorder, and commence construction of the subdivision within the three (3) year period, shall result in denial of building permits until an extension or re-submittal of application is made. For the purpose of this section, "commencing construction" means completion of the construction survey and staking.

(5)

A certificate of secondary plat approval shall not be signed until a performance bond or proof or surety has been submitted to the Plan Commission, if required.

(6)

No Improvement Location Permit shall be issued by the Zoning Administrator or his agent for any structures on any subdivision lots prior to the recording of said subdivision by the County Recorder of Lake County, Indiana.

(7)

No Certificate of Occupancy shall be issued by the Zoning Administrator or his agent for any structure on any subdivision lots prior to installation and completion of all facilities, including grading, as shown on the development plans and approved by the Plan Commission; except that in the case of an asphalt road surface, the installation of the final surface coat may be postponed until the end of the maintenance period. The final coat of asphalt shall be installed prior to acceptance of the road for public maintenance.

(8)

A plat of subdivision may not be filed with the Lake County Auditor, and the Lake County Recorder may not record it, unless it has been granted secondary approval by the Plan Commission and has been properly signed by the President and Secretary of the Plan Commission. The filing and recording of the plat is without legal effect unless approved by the Plan Commission.

(9)

The subdivider shall supply one (1) copy of the recorded plat to the Zoning Administrator.

i.

Construction Plans.

(1)

It shall be the responsibility of the subdivider of every proposed subdivision to have prepared and certified by a land surveyor, landscape architect or engineer registered in the State of Indiana a complete set of construction plans, including profiles, cross-sections, specifications, and other supporting data for all required public streets, utilities, and other facilities.

(2)

The final construction plans shall be based on preliminary plans which have been approved with the primary plat and shall be prepared and submitted in conjunction with the secondary plat. The plans shall show the following:

j.

Model Homes.

(1)

For the purpose of allowing the early construction of model homes in a subdivision, the Plan Commission in its discretion may permit a portion of a major subdivision involving no more than three (3) lots to be created in accordance with the procedures for minor subdivision, provided that said portion derives access from an existing public street, and provided that no future road or other improvement is anticipated where said lots are proposed. The subdivision plat for the "minor" portion shall be submitted to the Plan Commission simultaneously with the primary plat for the entire major subdivision. Subsequent to the primary approval, the model home(s) may be constructed, subject to such additional requirements that the Plan Commission may require.

a.

Performance Bonds.

(1)

At the time when the secondary plat is approved by the Plan Commission and before the plat is signed by the officers of the Plan Commission or is recorded, the subdivider shall file a performance bond or irrevocable letter of credit with the Clerk-Treasurer and the City Council. The performance bond or letter of credit shall:

i.

Be drawn in favor of the City of Whiting.

ii.

Be in an amount determined by the Plan Commission to be sufficient to complete the improvements and installations in compliance with this Ordinance. The subdivider's engineer shall supply an opinion of the probable cost of improvements and installation on the project to aid the Plan Commission in its determination of the amount of the bond. The engineer's opinion, however, shall not be binding upon the Plan Commission.

iii.

Be with surety satisfactory to the Plan Commission and City Council.

iv.

Comply with all statutory requirements and be satisfactory to the Plan Commission's Attorney as to form, sufficiency, and manner of execution as set forth in these regulations.

v.

Extend for two (2) years, or eighty (80) percent complete, or as specified by the Plan Commission in the resolution approving the secondary subdivision plat.

vi.

Cover the installation costs of the streets, sanitary sewers, curbs, street signs, sidewalks, and other recreational amenities, surface swales, subsurface and storm drainage systems, seeding/erosion control, landscaping, and other public improvements.

(2)

The Plan Commission may, upon proof of difficulty, recommend to the City Council extension of the completion date set forth in such bond for a maximum period of one (1) additional year. The City Council may at any time during the period of such bond accept a substitution of principal or sureties on the bond upon recommendation of the Plan Commission's Attorney. The City Council shall have the authority to increase the bond amount to cover increased costs.

(3)

All required improvements shall be made by the applicant, at his expense, without reimbursement by the local government or any improvement district therein.

(4)

The subdivider shall be required to maintain at his expense a licensed civil engineer or engineering firm to manage the construction of the subdivision improvements. The managing engineer shall certify that the subdivision construction is in compliance with the detailed construction plans submitted to the Plan Commission during the review of the secondary plat. The managing engineer shall submit progress reports to the City Engineer as substantial steps are completed and should notify the City Engineer when important work has been scheduled so that an inspection can be made. A final report shall be submitted to the Plan Commission and the City Council by the engineer or his firm.

(5)

If the City Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the construction standards and specifications, the applicant shall be responsible for correcting any errors in construction and completing the improvements in accordance with such standards and specifications. Wherever the cost of improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.

(6)

If a secondary plat is divided into sections, the Plan Commission may allow for performance bonds to be submitted to cover only the cost of improvements to be constructed in each section.

b.

Release of Performance Bond.

(1)

The City Council and Board of Works shall not accept dedication of required improvements nor release or reduce the performance bond amount until the City Engineer has submitted a final inspection report of the subdivision. The engineer shall certify that the layout of the public improvements has been completed and properly inspected and is ready for acceptance into the City's system.

(2)

The City Council and Board of Works, upon approval of the City Engineer's inspection report, shall pass a resolution accepting the improvements in the subdivision and formally releasing the performance bond.

(3)

In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the City Council may thereupon declare the bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.

c.

Other Forms of Surety.

(1)

The subdivider may provide the City Council with other liquid assets in an amount equal to the required performance and maintenance bonds. Such liquid assets may include a cash escrow account, certificate of deposit, irrevocable letter of credit, money market accounts, etc., so long as the proper documents are presented by the subdivider to the City Council giving said Council proper signatory access to the funds upon default.

Should the subdivider be required to extend site improvements to the subdivision, such as extensions of water and sewer lines owned by the City of Whiting, which may provide benefits to other properties in the vicinity of the proposed subdivision, then the subdivider and the City Council may, by contract, agree that the other property owners in the vicinity of the subdivision who wish to connect to or utilize the installation provided by the subdivider shall pay the City over a ten (10) year period a fee in an amount agreed to by the contract, and that portion of said fee shall be rebated to the subdivider in annual installments. After the installation of any utility by the applicant, an expiration date of fifteen (15) years shall be maintained. Thus, after fifteen (15) years from the time of completion, no monies shall be paid to the applicant

a.

General.

(1)

The subdivision layout shall be of such a character that it protects the health, safety, and general welfare of the residents in the jurisdiction of the Plan Commission.

(2)

Whenever a proposed subdivision borders an existing street, the Plan Commission may require the reconstruction or widening of such street as a condition of plat approval. Additional dedication of right-of-way may also be required.

(3)

In designing and approving subdivision streets, the following factors shall receive consideration:

i.

Accessibility for emergency vehicles and school buses;

ii.

Safety for both vehicular and pedestrian traffic;

iii.

Efficiency of service for all users;

iv.

Livability or amenities as affected by traffic elements in the circulation system; and

v.

Economy of both construction and use of land.

(4)

When there is a situation of unusual physical conditions or a controlled design environment in evidence, and it can be satisfactorily demonstrated to the Plan Commission that a private street is the only feasible solution, said private streets may be authorized provided pavement construction standards shall be the same as the minimum public standard and adequate covenant provisions are made for direct responsibility and control by the property owners involved to provide for the perpetual operation, liability, and maintenance of said private streets at no expense to the City of Whiting.

(5)

In addition to the requirements established herein, all subdivision plats shall comply with the following rules, laws, and regulations:

i.

All applicable statutory provisions.

ii.

The local zoning ordinances, and ordinances including, but not limited to WMC Chapter 12: Article XII. Portable Storage Units; WMC Chapter 4: Article X. Fences and Landscaping Improvements; WMC Chapter 14.5 Sign Ordinance; WMC Chapter 4: Article VI. Swimming Pools; and WMC Chapter 15.5 Telecommunications Ordinance and building and housing codes, and all other applicable laws of the appropriate jurisdiction.

iii.

The Comprehensive Plan, Thoroughfare Plan, and Capital Improvement Plan of the City of Whiting, including all public facilities, open space, and recreation plans, as adopted.

iv.

The rules and regulations of the Indiana Department of Environmental Management, the Natural Resources Commission, Aeronautics Commission, Lake County Drainage Board, and other appropriate state agencies.

v.

The rules, regulations, and standards of the Indiana Department of Transportation if the subdivision or lot contained therein abuts a State highway.

vi.

All applicable planning and regulatory guidelines, including access control, driveway manuals, parking and traffic control ordinances, and other applicable guides published by the local governmental units.

vii.

The "Indiana Manual of Uniform Traffic Control Devices" for installation of traffic control devices.

b.

Street Standards.

(1)

The street and alley layout shall provide adequate vehicular and pedestrian access to all lots and parcels of land within the subdivision and where streets cross other streets. Streets shall conform to the following principles and standards.

i.

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

ii.

Residential street systems shall be designed to minimize through-traffic movement, but certain proposed streets, where appropriate, shall be extended to the boundary line of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity.

iii.

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.

iv.

Residential street patterns shall provide reasonably direct access to the primary circulation system.

v.

Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than seventy-five (75) degrees shall not be acceptable. A street should be approximately at right angles for at least one hundred (100) feet therefrom.

vi.

Not more than two (2) streets shall intersect at any one (1) point, unless specifically approved by the Plan Commission.

vii.

Proposed new intersections along one (1) side of an existing street shall, wherever practicable, coincide with any existing intersection on the opposite side of such street. Street jogs with centerline offsets of less than one hundred fifty (150) feet shall not be permitted except where the intersected street has separated, dual drives, without median breaks at either such intersection. Where local streets intersect with arterial or collector streets, their alignment shall be continuous.

viii.

The minimum right-of-way of residential streets shall be fifty (50) feet. All cul-de-sac shall terminate in a circulate right-of-way with a minimum diameter of one hundred (100) feet and minimum roadway diameter of eighty (80) feet. Cul-de-sac streets shall not be longer than five hundred (500) feet, unless the Plan Commission shall determine after public discussion that a greater distance better serves the interest of public health, safety, and welfare, including traffic flow considerations, 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 streets within the subdivision have only one (1) intersection with a through street, the entire subdivision shall be considered a cul-de-sac and the distance shall be measured from the point of intersection of the subdivision street and the through street. The Plan Commission shall determine if the end of a cul-de-sac shall include a fifty (50) foot easement for future extension of the street.

ix.

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 two hundred (200) feet or more in length. Such easement shall be automatically vacated to abutting property owners when said dead-ended street is legally extended.

x.

At the intersection of any proposed residential street with any existing street, acceleration and deceleration lanes and passing or left-turn lanes may need to be provided in accordance with standards established by the handbook, "A Policy of Geometric Design of Highways and Streets", by the American Association of State Transportation and Highway Officials.

xi.

All street construction shall conform to the Standards for Acceptance of Municipal Improvements Manual and the American Association of State Highway and Transportation Officials (AASTHTO) Standards

c.

Block Standards.

(1)

Block length and width or acreage within bounding streets shall be such as to accommodate the size of lot required by the Zoning Ordinance for 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)

Residential blocks should not exceed one thousand (1,000) feet in length. In the design of blocks longer than eight hundred (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. Minimum length of blocks shall be three hundred (300) feet.

(3)

Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate length. Exceptions to this prescribed block width shall be permitted in blocks adjacent to minor transportation facilities, watercourses, and industrial and commercial areas.

d.

Lot Standards.

(1)

Lot dimensions shall comply with minimum standards as specified in this Ordinance.

(2)

Double frontage lots shall be prohibited except where necessary to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation.

(3)

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.

(4)

All lots shall abut on a public street except where a private street has been specially approved under this Ordinance.

(5)

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.

(6)

Building setback lines shall conform to the provisions of this Ordinance.

(7)

Lots abutting a watercourse, drainageway, channel, stream, or flood plain shall have additional minimum width or depth as required to provide an adequate building site, accommodate the full width of necessary easements, and conform to the minimum yard requirements specified in this Ordinance.

(8)

Vehicular access from lots to minor or major arterial streets may be prohibited. Vehicular access from lots to collector streets may be prohibited if the Design Hour Volume is determined by the Zoning Administrator to be excessive.

e.

Easements.

(1)

Easements to permit access for maintenance and repair of surface and subsurface drainage improvements and utility installations, shall be provided on the final copies of the Primary Plat, Secondary Plat, and Construction Plans. Location of easements shall be reviewed by the City Engineer and representatives of local utility companies.

(2)

Easements shall be a minimum of fifteen (15) feet in width, shall provide continuity from block to block, and shall be located along rear, side, or front lot lines; one-half (½) the width of the easement shall be taken from each lot. In the case of lots extending to the boundary of the lands platted and not adjoining another plat, the full width of the easement shall be provided on such peripheral lots.

(3)

Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, the subdivider shall designate drainage easements on both sides of the watercourse, the width to be determined by the Plan Commission, and, in the case of a legal drain, the Lake County Drainage Board.

(4)

When a proposed drainage system shall carry water across private lands outside the subdivision, appropriate drainage rights must be secured by the subdivider and indicated on the plat. Appropriate legal documentation must be submitted.

f.

Open Space.

(1)

A subdivision of four (4) or more lots shall contain at least twenty percent (20%) open space (gross area).

(2)

The subdivider shall permanently dedicate the open space acreage for public use. The land may be deeded by the subdivider to the City of Whiting, the School Corporation, local service clubs, or to a duly organized homeowners' association within the subdivision. The Plan Commission shall have final approval as to the use of dedicated open space.

(3)

Easements, crosswalks, and road frontage to provide public access to the open space shall be shown on the Secondary Plat.

(4)

Existing natural features that add value to residential development and enhance the attractiveness of the community shall be preserved in the design of the subdivision and may be incorporated into dedicated open space.

g.

Subdivision and Street Names.

(1)

The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Plan Commission shall have final authority to approve the name of the subdivision, which shall be determined at the time of the preliminary plat approval.

(2)

Street names shall not duplicate any existing name within the area covered by these regulations except where a new street is a continuation of an existing street. Street names that may be spelled different but sound the same as existing streets shall not be used.

(3)

The Plan Commission shall have final authority to name all streets (in case of conflicts) at the time of preliminary plat approval.

a.

Street Improvements.

(1)

Streets shall be completed to grades shown on the Construction Plans drawn by the subdivider's professional engineer or land surveyor and approved by the Plan Commission.

(2)

Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two (2) percent grade at a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street.

(3)

At intersections of streets or alleys, property line corners shall be rounded by arcs of at least twenty (20) feet radius or by chords of such arcs. Arterial and all streets in commercial and industrial subdivisions shall have a minimum curb radius of thirty (30) feet. Collector streets shall have a minimum curb radius of twenty-five (25) feet. Local streets shall have a minimum curb return radius of twenty (20) feet.

(4)

If the smaller angle of intersection of two (2) streets is less than sixty (60) degrees, the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Plan Commission.

(5)

Horizontal visibility on curved streets and vertical visibility on all streets must be maintained along the centerline as follows:

i.

Arterial Streets (feet) .....500

ii.

Collector Streets (feet) .....300

iii.

Local Streets (feet) .....150

(6)

Curvature measured along the centerline shall have a minimum radius as follows:

i.

Arterial Streets (or as determined by design speed standards; feet min) .....500

ii.

Collector Streets (feet) .....300

iii.

Local Streets (feet) .....150

(7)

Between reversed curves there shall be a minimum tangent distance as follows:

i.

Arterial Streets (feet) .....100

ii.

Collector Streets (feet) .....40

iii.

Local Streets (feet) .....40

(8)

Maximum/minimum grades for streets shall be as follows:

i.

Arterial Streets not greater than six (6) percent.

ii.

Collector Streets not greater than eight (8) percent.

iii.

Local Streets not greater than eight (8) percent.

iv.

Minimum grade for all streets is four-tenths (0.4) percent.

(9)

Before any performance bond covering a street installation is released, the Plan Commission, City Council, or City Engineer may request that core borings of the street be done at the subdivider's expense. Cores shall be sent to an independent testing laboratory for analysis.

(10)

A applicant may request permission of the Plan Commission to delay the installation of the one (1) inch surface layer of asphalt until the binder layer of asphalt has had a sufficient time period to prove its durability under the stress of heavy construction traffic. The applicant shall be required to submit a separate performance bond to cover the cost of the installation of the one (1) inch surface layer of asphalt.

(11)

Design Requirements of Street Pavements:

i.

The earth or stone subbase beneath the concrete street and the stone subbase beneath the flexible asphalt street shall be compacted to standards established by the City of Whiting.

ii.

Subsurface drainage tile shall be placed under the street base where the subdivider's engineer or the City Engineer have determined that wet or unstable soil conditions exist.

iii.

All materials shall be furnished and installed in accordance with Standard Specifications, Indiana Department of Transportation, latest edition.

(12)

Dimensional Requirements of Street Pavements:

i.

Street width is measured from back to back of a two (2) foot wide curb and gutter located on each side of the street unless otherwise approved.

b.

Stormwater and Subsurface Drainage.

(1)

The subdivider shall provide the subdivision with an adequate stormwater sewer system whenever curbs and gutters are installed and whenever the evidence available to the Plan Commission indicates that natural surface drainage is inadequate. When the surface drainage is adequate, easements for such surface drainage shall be provided. Curbs and storm drains along both sides of all streets are required in all subdivisions.

(2)

The stormwater drainage system shall be separate and independent of any sanitary sewer system.

(3)

Storm drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual, unobstructed easements of appropriate width, and shall be constructed in accordance with the details on the Construction Plans provided by the subdivider's engineer or as approved by the Plan Commission.

(4)

Storm sewer inlets shall be provided at all low points and so that surface water is not carried across or around any intersection, nor for a distance of more than three hundred (300) feet in the gutter or as approved by the City Engineer.

(5)

It is the responsibility of the subdivider to keep all major watercourses, drainage systems, etc., not under the jurisdiction of any public agency, open and free flowing.

(6)

Drainage facilities shall be capable of accommodating peak runoff from a ten (10) year return period storm or greater intensity, without endangering the public safety, health, or causing significant damage to property.

(7)

Design Calculations: Design calculations are required as part of the drainage plan and shall specifically include.

i.

Estimate of stormwater runoff.

c.

Drainage map, including indication of drainage patterns for lots and blocks of areas affecting the proposed development site.

d.

Weighted runoff coefficient computations.

e.

Time of concentration computation indicating overland flow time and travel times in swales, gutters, pipes, and/or channels.

i.

Closed conduit and open channel design computations.

f.

Size of pipe or channel cross-section.

g.

Pipe and channel slopes in percent.

h.

Roughness coefficient.

i.

Flow velocities in feet per second.

j.

Design capacity in cubic feet per second.

k.

Pipe and channel invert elevations.

(1)

Head loss computations in manholes and junction chambers.

(2)

Hydraulic gradient computations, wherever applicable.

(3)

On-site drainage facilities shall be designed to accommodate:

i.

The water runoff from the parcel after development.

ii.

The present water runoff from developed areas upstream.

iii.

The present peak water runoff from undeveloped areas upstream.

(4)

Each applicant or other entity which makes any surface change shall be required to:

i.

Collect on-site surface runoff and springs and dispose of it to the point of discharge into an adequate outlet approved by the City Engineer.

ii.

Pay his proportionate share of the total cost of off-site improvements to the common natural watercourse.

iii.

Provide and install at his expense, in accordance with the requirements of the ordinance, all drainage and erosion control improvements.

(5)

The subdivider shall provide a subsurface drainage system, below curbs, to be placed along both sides of the subdivision streets and wherever else within the subdivision that it is determined to be necessary. The purpose of the subsurface piping system is to provide drainage for the street subbase. The subsurface drainage system shall discharge to the storm sewer system or to the surface drainage system upon approval from the City Engineer. No subsurface drainage system connections will be permitted to the sanitary sewer system.

(6)

It shall be illegal for sump pumps, downspouts, or foundation drains to outlet directly to the street or into the right-of-way of the street, or to be connected to the sanitary sewer.

(7)

Plans for stormwater drainage shall include details for stormwater detention and retention. Detention facilities shall be designed using the following guidelines to limit the peak discharge from a development.

i.

For developments with a drainage area (tributary to stormwater detention facilities) equal to or greater than ten (10) acres, peak discharge from the detention facility shall be limited to the five (5) year predeveloped frequency storm peak discharge, with a duration equal to or slightly greater than the time of concentration for the drainage area, or the twenty-four (24) hour duration storm, whichever provides the lesser peak discharge.

ii.

For developments with drainage area (tributary to detention facilities) less than ten (10) acres, peak discharge from the detention facility shall be limited to the ten (10) year period predeveloped frequency storm peak discharge, with the same duration criteria provided in section a. above.

iii.

The five (5) year/ten (10) year peak discharge shall be based on land use conditions prior to development, using corresponding runoff coefficients, time of concentration, and other basin parameters.

iv.

Inflow (runoff) to all stormwater detention facilities shall be determined using a one hundred (100) year twenty-four (24) hour storm to develop an inflow hydrograph.

v.

The one hundred (100) year twenty-four (24) hour peak discharge (and inflow hydrograph) shall be based on land use conditions representing fully developed conditions, using corresponding runoff coefficients, time of concentration, and other basin parameters.

vi.

A routing procedure shall be used to demonstrate that the stormwater detention facility will reduce the one hundred (100) year peak discharge from the developed area to a peak discharge equal to or less than the five (5) year/ten (10) year peak discharge using the pre-developed conditions.

vii.

The results of the routing procedure shall demonstrate that adequate storage volume has been provided. The detention facility shall not be overtopped from the one hundred (100) year twenty-four (24) hour storm event, and shall have a minimum freeboard of two (2) feet between the maximum routed pool elevation and the top of the facility embankment.

viii.

An emergency spillway shall be provided to discharge flow resulting from pool elevations greater than the one hundred (100) year twenty-four (24) hour pool elevation. The spillway shall have a minimum size adequate to pass the routed one hundred (100) year twenty-four (24) hour storm (assuming that the primary spillway is plugged and non-functional) without overtopping the detention facility embankment. The elevation of the emergency spillway shall not be placed lower than the routed one hundred (100) year twenty-four (24) hour pool elevation.

ix.

Erosion protection shall be provided for the primary outlet and emergency spillway so that the detention facility embankment will be adequately protected. Location of the emergency spillway shall be in undisturbed material, unless otherwise approved by the City Engineer.

x.

The minimum allowable size for the primary outlet conduit from the detention facility shall be twelve (12) inches. If further restriction of the outlet conduit is required, the restriction shall be made at the head end of the outlet conduit.

xi.

In those instances where the discharge velocity from the primary outlet or emergency spillway is greater than six (6) fps or excessive in the opinion of the City Engineer, energy dissipation may be required.

xii.

Detention facilities, that are designed to have dry bottoms must be designed to include underdrains, to drain the bottom of the detention facility, so that the facility can be maintained. Also, the bottom of the facility shall be designed to have longitudinal and traverse grade to the outlet, so that the facility will empty, leaving no ponded water.

xiii.

Methodology for developing peak discharge hydrographs and flood routing calculations shall be in accordance with acceptable engineering practice. Calculations based on the Soil Conservation Service Procedures, the Corps of Engineers' Procedures, or the Bureau of Reclamation Procedures are considered acceptable. All other procedures must be approved by the City Engineer.

xiv.

Peak discharge calculations shall be submitted for the five (5) year/ten (10) year predevelopment and one hundred (100) year post-development conditions. The calculations shall show the drainage area, the runoff coefficients, the time of concentrations, and other basin parameters used to develop the appropriate peak discharges.

xv.

Calculations shall be submitted which show stage-discharge relationships (rating curves) for the primary outlet and emergency spillway, the stage-storage relationship for the detention facility, the inflow hydrograph for the one hundred (100) year twenty-four (24) hour storm, and the routed one hundred (100) year twenty-four (24) hour discharge hydrograph.

l.

Curbs and Gutters.

(1)

The Plan Commission shall require curbs and gutters to be installed on each side of new streets.

(2)

The curbs and gutters shall be constructed according to the following specifications:

i.

The base for the curbs and gutters shall be well compacted on the existing base or grade.

ii.

The minimum grade of any street gutter shall not be less than four-tenths (0.4) percent.

iii.

The curbs and gutters shall be roll type, unless otherwise required or approved by the City Engineer.

iv.

Inlets shall be located at the low point in the street grade and at other spacing as stormwater system calculations require. The maximum spacing between any two (2) inlets shall be five hundred (500) feet.

v.

Ingress grates should be depressed slightly below the plane of the gutter to improve removal of runoff water. Inlet grates shall be heavy-duty type and recommended for bicycles.

m.

Sewers.

(1)

The subdivider shall provide the subdivision with a complete sanitary sewer system which shall connect with an existing interceptor sewer linking the subdivision to the Whiting system. If said interceptor is not located adjacent to the subdivision site, it shall be the responsibility of the subdivider to extend the interceptor sewer to his property line. The subdivider may be reimbursed for part of the cost of extending the interceptor sewer.

(2)

Design plans for installation of a sanitary sewer system shall be provided by the subdivider and approved by the City Council, Board of Works, the Indiana Department of Environmental Management, and other appropriate local and State agencies as required. Upon the completion of the sanitary sewer installation, the construction plans for such systems as-built shall be filed with the City Council and Board of Works.

(3)

Each lot in the subdivision shall be required to pay a sewer connection fee to the Whiting Clerk-Treasurer, as indicated in the official fee schedule at the time of obtaining a Location Improvement Permit.

(4)

Selected Design Criteria.

i.

Alignment: All sewers shall be laid with a straight alignment between manholes.

ii.

Manhole Location: Manhole type, size, location and design shall be completed in accordance with the Standards for Acceptance of Municipal Improvements, as adopted by City Ordinance No. 1985-12.

iii.

Manholes: The difference in elevation between any incoming sewer and the manhole invert shall not exceed twenty-four (24) inches where required to match crowns. The use of drop manholes will require approval by the City Engineer. The minimum inside diameter of the manholes shall conform to those specified by the City Engineer or according to State requirements.

iv.

Sewer Locations: Sanitary sewers shall be located within street or alley rights-of-way, unless topography dictates otherwise. When located in easements on private property, access shall be provided for all manholes and oversizing may be required in these instances. Where sewer lines in private easements cross public street or alley rights-of-way, a manhole shall be provided in such rights-of-way where possible. Imposed loading shall be considered at all manhole locations. No less than six (6) feet of cover shall be provided over top of pipe in street and alley rights-of-way or five (5) feet in all other areas.

v.

Relation of Sewers to Water Mains: A minimum horizontal distance of ten (10) feet shall be maintained between parallel water and sewer lines. A minimum vertical distance of eighteen (18) inches shall be maintained between intersecting water and sewer lines.

vi.

Mandatory Connections to Public Sewers: If a public sanitary sewer is available within three hundred (300) feet of a property, the owner thereof may be required to connect to said sewer for the purpose of disposing of waste. It shall be unlawful for any such owner or occupant to construct or rebuild upon such property an individual sewage disposal system.

n.

Water Supply.

(1)

The subdivider shall provide the subdivision with a complete water supply system, which shall be connected to the existing Whiting water supply.

(2)

The plans for the installation of water main supply systems shall be provided by the subdivider and approved by the City Council and the Indiana Department of Environmental Management. Upon completion of the water supply installation, the plans for such system as built shall be filed with the City Council.

(3)

Approved fire hydrants shall be provided at each street intersection and at intermediate points between intersections, as recommended by the local fire department. Generally, hydrant spacing may range from three hundred fifty (350) to six hundred (600) feet, depending on the area being served.

o.

Monuments and Markers.

(1)

Monuments and markers shall be placed under the supervision of a licensed land surveyor and according to State Land Surveyor Regulations 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.

(2)

Monuments shall be set:

i.

At the intersection of lines forming angles in the boundary of the subdivision, at the beginning and end of all curves and points of tangency of the perimeter of the plat.

ii.

At the intersection of right-of-way lines within the plat.

(3)

Markers shall be set:

i.

At the intersection of the centerlines of all streets, the center points of all cul-de-sac turnarounds, at the beginning and end of all curves, and at angle points.

ii.

At all points where lot lines intersect curves, either front or rear.

iii.

At all angles in property lines of lots.

iv.

At all lot corners not established by monuments.

(4)

Monuments shall be of precast concrete or cast-in-place concrete with minimum dimensions of four (4) inches by four (4) inches by thirty-six (36) inches set vertically in place. They shall be marked on top with iron or copper dowels at least three-eighths (⅜) inch in diameter, or deeply scored on top with a right angle cross.

i.

Markers shall consist of iron pipes, steel bars, or copper bars, contain magnetic qualities, have a distinctive top which will be marked with a deep point or cross at the correct location, and be thirty-six (36) inches in total length and not less than five-eighths (⅝) inch in diameter.

(5)

A minimum of one (1) permanent bench mark shall be established for each forty (40) acres or fraction thereof, subdivided and at a location designated by the City Engineer. The monuments shall be of concrete with a dimension of four (4) inches by four (4) inches and forty-eight (48) inches long. A brass plate inscribed with the elevation of the bench mark shall be fastened to the concrete with a minimum of one-fourth (¼) inch high letters and numbers. Unless otherwise directed by the City Engineer, bench mark datum shall conform to USGS sea level datum of 1929 and/or USC and GS datum.

(6)

It shall be the responsibility of the subdivider to prevent disturbance or destruction to all existing monuments within the jurisdictional boundaries of the City by those parties under the direction of or in the employment by the subdivider. Any activities relating to the subdivider's improvements which cause disturbance or destruction of existing monuments shall be reported immediately to the City as well as to the appropriate county, state, or federal agencies. The subdivider shall be responsible for the cost of any repair or reestablishment of any existing monument disturbed or destroyed by his activities. The subdivider shall be aware of fines and penalties in existence for disturbance or destruction of existing monuments.

(7)

All Public Land Survey points (section corners, quarter section corners, etc.) within or on the boundaries of the land to be subdivided shall be shown on the plat and referenced by no less than three (3) measurements of angle and distance. Each measurement of angle and distance shall be made from a separate known point on the perimeter of the subdivision.

(8)

Lot corner markers shall be accurate at the time of sale or transfer from the subdivider to a second party. After sale or transfer is complete, the subdivider, the City, or other authorized agents shall not be liable for the accuracy of said markers.

(9)

All documentation necessary for the City Engineer to ascertain the location and accuracy of the required monuments of this section shall be submitted by the subdivider to the City Engineer.

(10)

The plat shall indicate the type and location of all required monuments set within the property being subdivided.

(11)

Subdivider shall be required to establish the elevation of any bench mark set within the limit of the project to within one-hundredth ( 1/100 ) of a foot of the U.S. Geological Survey 1929 sea level datum or USC and GS datum. Evidence of the established elevation shall be certified by a registered land surveyor licensed by the State of Indiana and shall be submitted to the City Engineer.

(12)

Subdivider shall be required to establish the location of all horizontal monuments by means of a traverse of the third order or better. Evidence of successful completion of the required traverse shall be certified by a registered land surveyor licensed by the State of Indiana and shall be submitted to the City Engineer.

p.

Sidewalks.

(1)

Sidewalks shall be required to be located on both sides of every street within the subdivision plat, including around culs-de-sac. Sidewalks shall be six (6) inches thick at drives and at least four (4) inches thick in all other locations. If driveways cannot be located, special permission may be obtained by the Plan Commission to deviate from this standard. Sidewalks shall be five (5) feet wide. Sidewalks shall be Portland Cement type in accordance with the Standard Specifications of the Indiana Department of Transportation, latest edition, with expansion joints every forty-eight (48) feet and control joints every six (6) feet.

(2)

Sidewalks and pathways located away from streets should be properly lighted to permit visual surveillance of the walk or path from the street.

(3)

When sidewalks or pathways cross major street intersections within or adjacent to the subdivision, safety devices such as painted crosswalks, signs, or traffic signals shall be installed.

(4)

Easements of at least ten (10) feet in width shall be provided for sidewalks, pedestrian paths, and bicycle paths.

(5)

ADA-compliant ramps for wheelchairs and bicycles shall be provided on all sidewalks and pathways. Ramps are to be located at all intersections and other transition access points. Overhead obstructions shall be cleared to a height of at least eight (8) feet. Rolled curbs are not a substitute for wheelchair ramps.

q.

Street Signs and Street Lighting.

(1)

The subdivider shall be responsible for installing street signs at each intersection throughout the subdivision. The City of Whiting shall be responsible for placement of traffic control signs where deemed necessary in the development by the City Engineer.

(2)

When the subdivision contains private streets, the subdivider shall be required to post a sign at the entrance of the development proclaiming the name of the subdivision with the phrase "Private Streets" placed directly below in letters of two (2) inches minimum height.

(3)

The subdivider shall provide the subdivision with street lights to be installed at intersections throughout the subdivision or where deemed necessary by the City Engineer. Street lights shall be pole mounted and conform to the installation specifications of the Electric Utility. All electric lines are to be buried.

r.

Utilities. All utility lines, including electrical power, gas, telephone, CATV, sewer, and water, shall be located underground throughout the subdivision. The location of utility lines shall be shown on the Primary Plat and on the Construction Plans. Service connections to the property lines of each lot in the development shall be provided by the utility or subdivider.

a.

General.

(1)

No changes shall be made in the contour of the land, nor shall grading, excavating, removal, or destruction of the topsoil, trees, or other vegetative cover of the land be commenced until such time that a plan for minimizing erosion and sedimentation has been reviewed by the Zoning Administrator or there has been a determination by the Zoning Administrator that such plans are not necessary. (Applies only to subdivision developments.)

(2)

Measures used to control erosion and reduce sedimentation and to provide drainage shall, as a minimum, meet the standards and specifications of the Lake County Storm Drainage, Erosion, and Sediment Control Ordinance. The Zoning Administrator shall ensure compliance with all appropriate specifications.

b.

Performance Principles. The following measures are effect in minimizing erosion and sedimentation and shall be included where applicable in the overall development plan.

(1)

Existing features which would add value to residential, commercial, natural, or manmade assets such as trees, streams, vistas, historically significant items, and similarly irreplaceable assets shall be preserved through careful and harmonious design.

(2)

Stripping of vegetation, regrading, or other development shall be done in such a way that will minimize erosion.

(3)

Development plans shall 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 of surface water runoff.

(4)

Whenever feasible, natural vegetation shall be retained, protected, and supplemented.

(5)

The disturbed area and the duration of exposure shall be kept to a practical minimum.

(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)

Provisions 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.

(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.

(10)

Design and construction of the drainage facility shall be such that it will be durable and easy to maintain.

c.

Grading for Drainage. In order to provide more suitable sites for building and other uses, improve surface drainage, and control erosion, the following requirements shall be met:

(1)

The locations, grading, and placement of subgrade (base) material of all streets, public driveway, and public parking areas shall be accomplished second, after erosion control measures have been taken.

(2)

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

(3)

All drainage provisions shall be of such design as 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, watercourses, pipes, and detention ponds.

(5)

Land alteration shall be accomplished in such a way that the grades left at the time that the work is completed will be permanent and stable.

(6)

Excavation and Fills.

i.

Cut and fill slopes shall not be steeper than three to one (3:1), unless stabilized by a retaining wall or cribbing as approved by the City Engineer when handled under special considerations.

ii.

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.

iii.

Cuts and fills shall not endanger adjoining property.

iv.

Fills shall be placed and compacted so as to minimize sliding or erosion of the soil.

v.

Fills shall not encroach or impede flows of natural watercourses or constructed channels.

vi.

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

vii.

Grading shall 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 land owner.

viii.

During grading operations, necessary measures for dust control shall be exercised.

ix.

Grading equipment shall not be allowed to cross live streams. Provisions shall be made for the installation of temporary or permanent culverts or bridges.

d.

Responsibility for Drainage and Erosion Control.

(1)

Whenever sedimentation is caused by stripping of vegetation, regrading, or other development activities, it shall be the responsibility of the applicant, person, corporation, or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems, and watercourses, and to repair any damage at his 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 applicant, provided that said 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, corporation, or other entity doing any action on or across a communal stream, watercourse, or swale, or upon the flood plain or floodway area of any watercourse during the period of development, to return these areas to their original or equal condition upon completion of said activities.

(4)

No applicant, person, corporation, or other entity shall block, impede the flow of or alter, nor construct any structure, 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 Lake County Drainage Board and/or the Indiana Department of Natural Resources, Division of Water, whichever is applicable.

(5)

On-site drainage facilities shall be sufficient to accept:

i.

The water runoff from the parcel after development;

ii.

The present water runoff from undeveloped areas upstream; and

iii.

That part of the water runoff attributable to future development in undeveloped areas upstream that is not reasonably likely to be accommodated in such upstream areas.

(6)

Each applicant or other entity which makes any surface changes shall be required to:

i.

Collect on-site surface runoff and springs and dispose of it to the point of discharge into an adequate outlet approved by the City Engineer.

ii.

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

iii.

Pay his proportionate share of the total cost of off-site improvements to the common natural watercourse, based on a fully developed drainage area.

iv.

Provide and install, at his expense, all necessary drainage and erosion control improvements (temporary and permanent) or as required by the City Engineer.

(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.

e.

Compliance with Regulations and Procedures.

(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 Lake County Storm Drainage, Erosion, and Sediment Control Ordinance.

(2)

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.

(3)

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 City Engineer.

(4)

In the event the applicant or applicant proceeds to clear and grade prior to the approval of the subdivision or development plan, without satisfying conditions specified herein, the Plan Commission may revoke the approval of all plans and a suit for an injunction may be instituted to halt further construction until development plans are approved.

(5)

Topsoil shall not be removed from residential lots or used as spoil. No construction debris, junk, rubbish, or waste material shall be buried in any land or left deposited on any lot or street within a subdivision.

a.

General Requirements.

(1)

Land proposed for platting as a commercial or industrial subdivision shall be subject to all of the requirements of this Ordinance and shall conform to the zoning requirements of the district in which it is located. A primary plat, secondary plat, and construction plans shall be submitted to the Plan Commission for review.

(2)

Lots and block standards for commercial and industrial subdivisions should be flexible so that lot sizes may be expanded by the subdivider to meet the requirements of a prospective buyer or tenant. If, after recording of a secondary plat, the subdivider wishes to amend the lot dimensions, an amended secondary plat shall be presented by the subdivider to the Plan Commission for review. Substantial changes shall have to go through another public hearing process. The determination of "substantial changes" and the necessity of a public hearing shall be made by the Zoning Administrator.

(3)

Streets located in a commercial or industrial subdivision shall be constructed to the specifications set forth in the Street Improvement section within this Ordinance. Curb and gutter, storm drainage, and subsurface drainage may be required by the Plan Commission. Once constructed to the specifications of the City, the subdivider may dedicate the streets to the City or may, upon approval of the Plan Commission, elect to keep the streets private to be maintained by the owners and/or tenants of the subdivision.

(4)

Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed non-residential subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip, when necessary.

(5)

Truck routes shall be established so as to prevent industrial traffic from encroaching into adjacent residential areas.

(6)

The builder shall provide each building or lot in the subdivision with a paved parking area with enough marked spaces to meet the requirements of this Ordinance. The parking area shall have a proper drainage system and should be adequately landscaped and lighted.

(7)

Loading areas or loading docks shall be designed so that they do not interfere with the operation of other lots or buildings. Loading areas shall not encroach on setback lines.

(8)

No materials, supplies, motor vehicles, or equipment shall be stored outside of the buildings, unless the storage area is properly screened.

(9)

Frontage roads shall be provided where requested by the Plan Commission to prevent numerous entrances on existing streets.

(10)

With respect to traffic and storm drainage, commercial and industrial subdivisions shall be considered in totality, and individual parcels or lots shall not be considered separately.