Each final plat submitted to the Plan Commission for approval shall contain statements in the restrictive covenants providing for the following items.
(A) All utility easements and public rights-of-way, as dedicated on the face of the plat, shall be kept free of all permanent structures and the removal of any obstructions such as structures, trees, shrubbery, fences, or other installation thereon, whether temporary or permanent, by a utility company or the county, shall in no way obligate the utility company or the county in damages, or, to restore the obstruction to its original form.
(B) Before any lot or tract located within the subdivision may be used and occupied, such use or occupier shall first obtain from the Zoning Administrator the improvement location permit required by this chapter.
(C) Before any house or building on any lot or tract in the subdivision shall be used and occupied as a dwelling or as otherwise provided in subdivision restrictions, the developer or any subsequent owner of said lot or tract shall install all improvements serving said lot or tract as provided in said plans and specifications filed with the Plan Commission.
(D) Before any house or building on any lot or tract in the subdivision shall be used or occupied as a dwelling or as otherwise provided in the subdivision restrictions and zoning subchapter, the developer or any subsequent owner of said lot or tract shall first obtain from the Zoning Administrator the certificate of occupancy as required by this chapter.
(E) Prohibiting individual or collective injunctive action against nuisances such as noise, dust, or odors arising from normal agricultural operations which may abut or be near said subdivision.
(F) Prohibit owners or visitors from parking along the road in such a way that passage of farm machinery would be impeded.
(G) The approval of the County Health Department herein granted is subject further to compliance with 410 I.A.C. 6-8.3 and Chapter 52 as from time to time amended. Approval by the Health Department herein does not represent or warrant that any particular lot in this subdivision is suitable for an onsite sewage disposal system that would be in compliance with the applicable rules and regulations of the state and the county, and the determination of the suitability of such lot for such purposes is the sole responsibility of the purchaser of any such lot.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999