(A) Access easements and/or reserved right-of-way corridors. Access easements and/or reserved right-of-way corridors may be used to provide legal access to residential lots under the conditions set forth in this section. These corridors are privately owned but must be available as access to serve future subdivisions. Access easement and/or reserved right-of-way corridors providing legal access to land shall, to the fullest extent possible, be so located as to be suitable for future public streets meeting the standards set forth in this section. Reserved right-of-way will be required when the Plan Commission deems it necessary or desirable to provide proper access in the future.
(1) The following standards shall apply to access easement and reserved right-of-way corridors:
(a) Type A corridor. This type is allowed only under the following conditions:
1. When lot size, topography, flood hazard areas, or other natural or existing features prevent further subdivision. This determination shall be made by the department pursuant to this section. The owner may appeal the department’s decision.
2. When an existing drive serves an existing house that is being divided from a parent tract. In this case, the note in § 156.152 shall appear on the recorded subdivision plat or drawing.
(b) Type B corridor. This type of corridor is required when further subdivision and expansion of subject property and or adjacent property is possible. Any Type B corridor shall be labeled on the plat or drawing as “access easement” or “reserved right-of-way”. A reserved right-of-way corridor shall include automatic dedication certificate specified in § 156.152
.
(2) Type A and Type B corridors may serve a maximum of ten lots as specified in Table 8-1, provided that such corridors comply with the minimum design standards contained in Table 8-1. Higher standards than these minimum requirements may be applied if the Plan Commission finds that there are special conditions which necessitate such higher standards.
Table 8-1 Minimum Design Standards Type A and Type B Corridors | |
Condition 1: Corridor serves one lot | |
Type A Minimum corridor width: 30' Driveway construction shall comply with the County Highway Department standards and requirements of current adoption. | Type B Minimum corridor width: 50' Driveway construction shall comply with the County Highway Department standards and requirements of current adoption. The location of the corridor shall be suitable for future development. |
Condition 2: Corridor serves two lots | |
Type A Minimum corridor width: 30' Minimum centerline radius: 50' Corridor profile grade horizontal alignment, length and drainage shall meet the standards for a public street. Certified construction plans shall be submitted to the county highway engineer for approval. Improvements shall extend for the entire length of common use. | Type B Minimum corridor width: 50' Minimum centerline radius: 100' Corridor profile grade, horizontal alignment, length and drainage shall meet the standards for a public street. Certified construction plans shall be submitted to the County highway engineer for approval. Improvements shall extend to the property line of the farthest lot(s) which will receive access from this corridor. The corridor shall extend to any appropriate adjoining property boundary. |
Minimum required cross-section: | Minimum required cross-section: |
Condition 3: Corridor serves three or four lots | |
Type A Minimum corridor width: 50' Minimum centerline radius: 100' The corridor profile grade, horizontal alignment, length and drainage shall meet the standards for a public street certified construction plans shall be submitted for approval. Improvements shall extend to the property line of the farthest lot(s) receiving access from this corridor. Minimum required cross-section: | Type B Minimum corridor width: 50' Minimum centerline radius: 100' The corridor profile grade, horizontal alignment, length and drainage shall meet the standards for a public street. Certified construction plans shall be submitted to the county highway engineer for approval. Improvements shall extend to the property line of the farthest lot(s) which will receive access from this corridor. The corridor shall extend to any appropriate adjoining property boundary. Minimum required cross-section: |
Condition 4: Corridor serves five to ten lots | |
Type A Minimum corridor width: 50' Minimum centerline radius: 100' Corridor profile grade, horizontal alignment, length and drainage shall meet the standards for a public street. Certified construction plans shall be submitted to the county highway engineer for approval. Improvements shall extend to the property line of the farthest lot(s) receiving access from this corridor. Minimum required cross-section: | Type B Minimum corridor width: 50' Minimum centerline radius: 100' Corridor profile grade, horizontal alignment, length and drainage shall meet the standards for a public street. Certified construction plans shall be submitted to the county highway engineer for approval. The improvements shall extend to the property line of the farthest lot(s)receiving access from this corridor. The corridor shall extend to any appropriate adjoining property boundary. Required cross-section: |
(3) The following requirements shall apply to access easements and reserved right-of-way corridors:
(a) Side lines shall be monumented in the same manner as is required for a public right-of-way.
(b) The developer shall install topsoil, and shall rake, seed and mulch disturbed and barren areas after grading.
(c) All access easement and reserved right-of-way corridors shall originate from public streets.
(d) The plat or drawing shall indicate the type of corridor depicted thereon.
(e) A sign assembly approved by the County Highway Department shall be placed at the intersection of the corridor with the public street. The sign shall state the access street name and indicate the addresses served. The signs shall indicate that the street is private. Street names shall be shown on the plat or drawing.
(f) A turnaround approved by the county highway engineer shall be constructed near the end of improved corridor. If a pull-in-type turnaround is used, the property owner shall install appropriate signs prohibiting vehicles from blocking the pull-in area.
(g) Whenever an access corridor is platted on a lot which has an existing drive that is in an location which is unsuitable because of inadequate sight distance, inadequate driveway separation, or other similar condition, the property owner shall relocate the existing drive to provide access from the new corridor.
(h) When more than one lot is served by an access easement or reserved right-of-way corridor, there shall be restrictive covenants adequate to ensure proper maintenance.
(i) Whenever an access easement or reserved right-of-way corridor crosses a lot or agricultural remainder where future dedication of the corridor would create separate buildable lot(s), agricultural tract(s), or unbuildable remnant(s), the land so crossed shall be platted as separate lot(s), tract(s) or unbuildable parcel(s) at the time the corridor is created.
(j) The plat committee may approve subdivisions with a maximum four lots served by an access easement or a reserved right-of-way corridor. Plats containing more than four lots served by such corridor may be approved only by the County Plan Commission. No more than ten lots shall be served by the same access easement or reserved right-of-way. A public street meeting the standards of this ordinance is required for any subdivision containing more than ten lots receiving access from the same corridor.
(4) Secondary approval shall not be granted for a subdivision that requires certified construction plans and improvements, as described above, unless the owner does the following:
(a) Completes the required improvements shown on the approved construction drawings within one year after primary approval; or
(b) Posts a financial guarantee in an amount equal to 125% of the estimated cost of improvements shown on the approved construction drawings and enters into a written agreement stating that the improvements will be completed within a period of one year after the date of secondary approval.
(B) Drainage and utility easements. There shall be easements at least ten feet in width on each side of any street which has a right-of-way width of less than 50 feet.
(C) Utility easements. Adequate areas of suitable size and location shall be allocated for utility easements. The easements shall provide reasonable continuity from block to block and shall be at least 15 feet in width. The Commission may require larger easements when it deems the additional width necessary for carrying out the purposes of this section.
(D) Drainage easements. Easements shall be provided where the Commission deems them necessary to provide proper drainage for the subdivision. The easements shall be at least 15 feet in width and may be coincident with utility easements. Where a subdivision is traversed by a legal drain, the easement for the drain shall be in accordance with the Indiana Code requirements for legal drains.
(E) Maintenance easements. Where the Commission deems appropriate, easements for the maintenance of dams or adjoining property may be required.
(F) Farm tile easements. Where there are farm tiles which are to remain on property proposed for subdivision, an easement at least 20 feet in width shall be provided for protection and maintenance of such tiles. The Commission may require larger easements when it deems additional width necessary for carrying out the purposes of this section.
(G) Farm access easements. All parcels, including agricultural property shall have legal access meeting the minimum standards of this chapter. In addition to the legal access, access easements at least 25 feet in width for farm machinery and other agricultural purposes may be provided. The easements shall not be permitted unless the remaining property has legal access, frontage and width.
(Prior Code, § 8-60) (Ord. 1986-7, passed 10-21-1986; Ord. 1998-11, passed 8-17-1998; Ord. 4, 2021, passed 6-21-2021)