Each final plat submitted to the Commission for approval shall contain statements in the restrictive covenants providing for the following items:
(A) All utility easements 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, shall in no way obligate the utility company 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, the user or occupier shall first obtain from this Zoning Administrator the improvement location permit required by the zoning ordinance.
(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 the lot or tract shall install all improvements serving the lot or tract as provided in the plans and specifications filed with the 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 chapters, the developer or any subsequent owner of the lot or tract shall first obtain from the Zoning Administrator the certificate of occupancy as required by the zoning ordinance.
(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 the subdivision.
(F) Prohibit owners or visitors from parking along roads 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. 6-8.1 and Chapter 51 of this code, the Sewer Use Ordinance as from time to time amended. Approval by the Health Department herein does not represent or warrant that any particular lot in the subdivision is suitable for an on-site sewage disposal system that would be in compliance with the applicable rules and regulations of the state and city and the determination of the suitability of the lot for those purposes is the sole responsibility of the purchaser of any lot.
(Ord. 466, § 4-2-6, passed 5-11-98)