§ 153.162 IMPROVEMENT REGULATIONS.
   (A)   General. Utility and street improvements shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements described in the following sections.
   (B)   Streets, street lighting, and signs.
      (1)   Streets shall be completed in accordance with the plans, profiles, specifications, and cross-sections prepared for the subdivider by a professional civil engineer and/or registered land surveyor duly registered in the state and as approved by the County Highway Supervisor or Highway Engineer, or appointed officials. In no event shall any street plan be approved unless the entire improvement width is proposed to be installed within the proposed subdivision.
         (a)   The streets shall be surfaced to a minimum width according to the type of street, as specified by the County Highway Department.
         (b)   Curb and gutter shall not be permitted to be installed along the edges of streets having a total improvement width of less than 27 feet, except in the case of marginal access streets. However, curb and gutters shall be installed in conformity with specification provided by the County Highway Department.
         (c)   The streets shall be graded, surfaced, and improved to the dimensions required by the cross-sections, and the work shall be performed in the manner prescribed in the current edition of the State Department of Transportation Specifications. Streets shall comply with the minimum standards specified by the State Department of Transportation or by the County Highway Department according to the respective jurisdictions of those departments. Grading for street improvements shall not create soil slopes exceeding a vertical rise of one foot for each two feet of horizontal distance unless retaining walls are to be provided.
         (d)   The street surface shall be of concrete or a flexible pavement and shall be constructed in accordance with design characteristics at least equal to those specified by the County Highway Department.
         (e)   Prior to the construction of street or alley pavements, adequate surface and subsurface (if required) drainage shall be installed by the subdivider. Pipe used for drainage purposes shall be of a treated corrugated metal, reinforced concrete, or extra strength vitrified clay of an approved design, size, and strength to meet the requirements of the specific conditions which may be encountered. Minimum diameters of pipe to be used shall meet the requirements of the specific conditions which may be encountered, and shall be approved by the County Highway Supervisor or Engineer, or appointed official.
         (f)   All construction shall be completed in accordance with the specific conditions in the agreement for improvements and the accepted plans and specifications, and in a manner acceptable to the authorities having jurisdiction. When changes from the accepted plans and specifications become necessary during construction, written approval from the authorities having jurisdiction shall be secured prior to the execution of such changes and four copies of the approved revised drawings shall be submitted to the Plat Officer for distribution.
         (g)   Adequate provision shall be made for the continuous maintenance of all street improvements by dedication to and acceptance by the Board of Commissioners as provided in §§ 153.160(D) and 153.164(B).
      (2)   Provisions for easements shall be made by the subdivider for the future lighting of public streets within the subdivision in accordance with the standards and requirements of the county and the electric utility.
      (3)   (a)   Appropriate metallic street signs and guide and regulatory signs with reflectorized lettering mounted on metallic posts and as specified by the county shall be installed by the subdivider at all street intersections on diagonally opposite corners so that they will be on the far right-hand side of the intersection for traffic on the more important streets. Signs indicating both streets shall be erected at each location mounted as close to the corner as practical, facing traffic on the cross street, with the nearest portion of each sign not less than one foot nor more than ten feet back from the curb line.
         (b)   Before the secondary plat is approved, the subdivider shall submit to the Plan Commission a statement from the local postmaster approving the names of the proposed streets and of the proposed systems of postal address along such streets.
   (C)   Curbs and gutters.
      (1)   Concrete curb and gutter shall be provided along the outside edge of all street pavements in subdivisions where the density of development is one and one-half lots per gross acre or greater.
      (2)   Curbs and gutters, if necessary, shall be installed by the subdivider in compliance with the approved plans, profiles, and cross-sections. They shall be constructed of concrete, and they shall be at least 24 inches wide and not less than six inches thick where the curb abuts the street pavement.
      (3)   Curbs and gutters shall be constructed in conjunction with the street pavements on all streets where parking is to be permitted.
      (4)   Curb construction for concrete pavements shall be integral. Roll-type curbs shall be permitted where the distance between the back of the curb and the nearest sidewalk is at least three feet on residential and feeder streets.
      (5)   All plans for the installation of the curb and gutter shall conform to all applicable sections of this subchapter and shall be approved by the County Highway Supervisor or Highway Engineer, the Plan Commission, and the Board of Commissioners prior to the installation.
   (D)   Sidewalks.
      (1)   Sidewalks on each side of a street shall be provided within a subdivision when the major subdivision averages two lots or more per gross acre. Sidewalks on both sides of the street shall be provided within a major subdivision when the subdivision averages less than two lots per gross acre, provided, however, the Plan Commission may waive the above requirements in those subdivisions with less than two lots per gross acre and only upon showing by the developer that the sidewalks will serve no specific purpose or future need. Sidewalks shall be of cement concrete with a minimum thickness of four inches with six-by-six #10 wire mesh or three-eighths of an inch metal reinforcement rod 18 inches on center both ways on a four foot, and the edge of walks adjacent to the property line of the street shall be placed at least one foot from the property line within the street right-of-way.
      (2)   Crosswalks within the blocks shall be improved with a four-foot walk of either concrete four inches thick or four-inch compacted aggregate base. The base should be extended beyond sidewalk on either side to a distance equal to depth of base.
      (3)   If for any reason sidewalks are not provided, the street grade shall be completed so that the minimum amount of additional grading would be necessary for any future provisions of sidewalks.
   (E)   Sewage disposal. The developer shall install or cause to be installed a system for the disposal of sanitary sewage in the subdivision by one of the following means.
      (1)   A complete sanitary sewer system which shall convey the sewage into an established municipal or other public agency sanitary sewage disposal and treatment system, at a point and in a manner approved in writing by the municipal or other public agency involved. The plans for the complete installation of the sewage system showing all locations, material, size, profiles, and any connections thereto shall be prepared by a registered engineer and/or registered land surveyor at the expense of the subdivider or developer and shall be approved by and meet the requirements of the affected municipal or other public agency and the County Board of Health and State Department of Environmental Management.
      (2)   (a)   A complete sanitary sewage system to convey the sewage to a treatment plant provided by the developers or others in accordance with the requirements of the County Board of Health or the State Department of Environmental Management.
         (b)   A complete sanitary sewer system which shall connect into the sanitary sewage disposal system of a sewage disposal company which shall hold, at the time of plat submission, a certificate of territorial authority issued by the Public Service Commission of the state authorizing such sewage disposal service for the area in which the subdivision is located. The plans for the complete installation of the sewer system both within the subdivision and any off-site installations serving said subdivision showing all locations, size, material, profiles, and capacities, shall be submitted to and approved by the County Board of Health and/or the State Department of Environmental Management.
         (c)   If the developer submits proper evidence to the County Health Department that neither of the above forms of sewage disposal and treatment is possible or economically feasible, then the developer shall be permitted to use a private sanitary sewage disposal system on each individual lot when installed in accordance with the design standards and approval of the County Board of Health.
      (3)   The subdivider shall furnish the Plan Commission a complete set of plans and profiles as approved by the various authorities.
   (F)   Water supply. The developer shall install, or cause to be installed, a water system for the subdivision by one of the following methods.
      (1)   A complete water main system which shall be connected to a public or other community water supply which is approved by the County Board of Health and/or the State Department of Environmental Management. The plans for the complete installation showing size, location, depth, material, and all connections thereto including fire hydrants, shall meet the requirements and receive the approval of the County Board of Health and/or the State Department of Environmental Management.
      (2)   (a)   A community water supply system including well, pump, and all appurtenances thereto, necessary to supply a minimum pressure of 40 pounds per square inch. The plans showing location, depth, size, and material of mains, valves, and connections thereto shall meet the requirements of and be approved by the County Board of Health and/or the State Department of Environmental Management; or
         (b)   A complete water main system which shall connect into the water main system of a utility company which shall be authorized to operate within the area in which the subdivision is located and which shall be subject to the control of the Public Service Commission of the state. The plans for the complete installation of the water main system within the subdivision showing size, location, depth, material, and all connections thereto, including fire hydrants, shall be approved by and meet the requirements for the County Board of Health and/or the State Department of Environmental Management.
      (3)   If the developer submits proper evidence to the County Health Department that neither of the above forms of water supply is possible or economically feasible, then the County Health Department Board shall permit an individual water supply on each lot in the subdivision subject to compliance with all requirements and approval of the County Board of Health and/or the State Department of Environmental Management.
      (4)   The subdivider shall furnish the Plan Commission with a complete set of plans and profiles as approved by the various authorities.
   (G)   Privately developed facilities. Where the subdivision is to contain sewers, sewage treatment facilities, water supply system, park areas, or other physical facilities which will not be maintained by existing public agencies, provision shall be made by trust agreement, which is a part of the deed restrictions and which is acceptable to the proper public agencies, for jurisdiction over the continuous maintenance, supervision, operation, and reconstruction of such facilities by the lot owners in the subdivision. Other restrictions not inconsistent or in conflict with the provisions of this report or ordinances of the county may also be included.
   (H)   Storm drainage.
      (1)   Adequate surface and subsurface drainage ways for the removal of stormwater shall be provided by the subdivider. The extent to which storm drainage facilities shall be required shall be based upon an analysis of need prepared for the subdivider by a registered professional engineer and/or registered land surveyor. The analysis shall be based upon the HERPICC method of computing stormwater runoff using the one-hour rainfall to be expected at a ten-year frequency. Times of concentration, soil infiltration rates, and other variable factors to be used in the analysis shall be discussed with and approved by the County Surveyor during the preliminary consideration of the subdivision. The engineer (or his or her agent) preparing said analysis shall provide the County Surveyor with a copy of the computations used in the completion of the analysis.
      (2)   A stormwater sewer system, which shall be separate and independent of the sanitary sewer system, with surface inlets, shall be provided by the subdivider in all cases where curb and gutter is to be installed and whenever the available evidence indicates that such a system is necessary due to the inadequacy of the natural surface drainage.
      (3)   Distance from streams or main drainage channels: Any person proposing to locate a structure or a use within 100 feet of any stream or main drainage channel in any zoning district shall include with the application for an improvement location permit and/or a certificate of occupancy a statement from the State Department of Environmental Management, based on a study of the watershed area and the probable runoff, that the structure or use in the proposed location will leave adequate space for the flow of floodwater, provided, however, that no building shall be permitted within 75 feet of the top of the bank of any stream or main drainage channel unless permitted by the County Drainage Board.
      (4)   The subdivider shall furnish the Plan Commission a complete set of plans and profiles as approved by the various authorities.
      (5)   All plans and workmanship shall be in compliance with the State Drainage Code, I.C. 36-9-27, and all acts supplemental and amendatory to it.
   (I)   Public utilities.
      (1)   All utility lines for telephone and electric service, when carried on overhead poles, shall be provided for with rear and side lot line easements. Gas mains shall be located within line easements or on public rights-of-way.
      (2)   Where telephone and/or electric service lines are to be placed underground throughout the subdivision, the conduit or cables shall be located within easements or public rights-of-way and in a manner which is in agreement with the utility companies and in compliance with the State Public Service Commission regulations. Furthermore, all transformers and terminal boxes shall be located so as not to be hazardous to the public.
      (3)   All excavations for public utilities made under paved areas shall be properly backfilled with approved granular materials thoroughly compacted in place, subject to the approval of the County Highway Supervisor and/or Engineer.
   (J)   Landscape development. All unpaved or otherwise unimproved areas within the public rights-of-way or public use areas shall be graded and seeded in an approved manner.
   (K)   Monuments and markers.
      (1)   Permanent monuments shall be set:
         (a)   At the intersection of all lines forming angles in the boundary of the subdivision; and
         (b)   At the intersection of street right-of-way lines and at the beginning and end of all curves along street right-of-way lines.
      (2)   Markers shall be set, unless otherwise located by a monument:
         (a)   At all points where lot lines intersect street right-of-way lines;
         (b)   At all angles in the lot property lines; and
         (c)   At all other lot corners.
      (3)   Monuments placed for the plat shall be as stated in 864 I.A.C. 1-12-18 et seq.
      (4)   Monuments and markers shall be provided by the subdivider and so placed that the center point shall coincide with the intersection of lines to be marked and the top level with the surface of the surrounding ground after final grading.
   (L)   Cluster development. In order to promote the health and general welfare of the county and to preserve and make available open space, the Plan Commission may grant a developer the right to vary the residential building density within a tract to be developed, leaving a substantial area free of building lots; the right to vary density shall, however, be subject to the following conditions:
      (1)   An overall plan of the entire tract showing roads, lot lines, lot areas, easements, encumbrances, and other relevant data shall be submitted in accordance with §§ 153.147 through 153.161.
      (2)   Overall density shall not exceed that of the zoning district in which the land occurs. The houses in the proposed subdivision shall be grouped in clusters. The minimum lot area shall be two-thirds of the minimum normally required in the zoning districts in which the land occurs. Minimum yard requirements in a cluster development shall be:
 
Yard Type
Requirement
Front yard
10 feet
Rear yard
15 feet (or as otherwise determined to be in general compliance with the County Zoning Ordinance)
Side yard
8 feet (except that garages and carports upon adjacent lots may join at the property line or be grouped on land away from the individual lot)
 
      (3)   In cases where a developer has designed special groups of dwellings and garages, the Plan Commission, after inspecting plans and elevations, may grant smaller lot minimum sizes than those in division (L)(2) above, provided that the sanitary systems are approved by the County Board of Health and/or the State Department of Environmental Management, or appointed official, that the overall density does not exceed that permitted within the zoning district in which the land occurs or that the layout is not detrimental to the health and general welfare of the community.
      (4)   (a)   The balance of the land not contained in the lots or within the road rights-of-way shall be contiguous and of such condition, size, and shape as to be usable for recreation. Such land shall be held in corporate ownership by the owners of lots within the development, and the developer shall incorporate into the deeds of all property within the development a clause giving to the owners an interest in such open land which shall be used for recreational purposes only. (No structure except those incidental to the recreational use shall be permitted thereon.)
         (b)   Open land shall be a minimum of one and one-half acres (and shall be subject to taxation). In the case of such tracts of three or more acres, the developer may petition the county to maintain the land to be used as open space.
   (M)   Recreative space requirements. The provision of § 153.088(F) are hereby incorporated herein and shall be deemed an additional requirement of each affected subdivision.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999