(A) General requirements.
(1) Plats. In addition to the requirements established herein, all subdivision plats shall comply with the following rules, laws and regulations:
(a) All applicable statutory provisions;
(b) The local zoning ordinances, building and housing codes and all other applicable laws of the appropriate jurisdictions;
(c) The official Comprehensive Plan;
(d) The rules and regulations of the State Board of Health, the Natural Resources Commission, Aeronautics Commission and other appropriate state agencies;
(e) The rules, regulations and standards of the Indiana State Highway Commission if the subdivision or any lot contained therein abuts a state highway;
(f) All applicable planning and regulatory guidelines, including access control or driveway manuals, parking and traffic control ordinances and other applicable guides of the Town of Beverly Shores; and
(g) The Indiana Manual on Uniform Traffic Control Devices for installation of traffic control devices (see § 155.176(B)).
(2) Construction plans. Plat approval may be withheld if a subdivision is not in general conformity with the above plat requirements or with the following requirements for construction plans.
(a) It shall be the responsibility of the subdivider of every proposed subdivision to have a complete set of construction plans prepared by an engineer licensed by the State of Indiana, including profiles, cross sections, specifications and other supporting data for all required public streets, utilities and other facilities.
(b) The final construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared and submitted in conjunction with the final plat.
(c) Construction plans shall be prepared in accordance with the Town of Beverly Shores standards and specifications.
(3) Material and construction control. To assure compliance with good engineering practice, the subdivider, contractor or developer is required to follow the latest issue of the Indiana State Highway; Standard Specifications for material and construction control, except when different specifications are explicitly described in these regulations, or adopted by the Town Council.
(4) Political and jurisdictional boundaries. To eliminate potential jurisdictional disputes and to facilitate effective coordination and control of development, the Plan Commission shall be guided by the following policy:
(a) Whenever access to the subdivision is required across land in another local government, the Commission shall request assurance from that local governmental attorney that access is legally established, and from the Building Commissioner that the access road is adequately improved, or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road; and
(b) Lot lines shall be laid out as not to cross boundary lines between adjacent units of local government which have separate governing bodies for the purpose of regulation and control of land use and development as well as for tax purposes.
(5) Public improvements. Every subdivider shall be required to install the following public and other improvements in accordance with the conditions and specifications in these regulations.
(a) The applicant shall place permanent reference monuments in the subdivision in accordance with § 155.176(A) and as approved by a registered land surveyor.
(b) All streets and alleys shall be constructed in accordance with the standards and specifications of § 155.176(A) and as adopted and approved by the Town Council.
(c) All bridges and culverts shall be constructed in accordance with applicable engineering standards as approved by the Building Commissioner.
(d) All driveways, and when approved or required, all median openings and auxiliary lanes, shall be constructed as specified in the Town of Beverly Shores regulations covering the construction of elements of the streets.
(e) Underground installation of communication and electric utilities is encouraged and may be required subject to the adopted policies of the Plan Commission.
(f) The placement of fire hydrants and water mains for adequate fire protection shall be in accordance with the Town of Beverly Shores standards.
(g) Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the Town of Beverly Shores standards.
(h) Pedestrian walkways, when required, shall have easements at least 10 feet in width and include a paved walk at least 4 feet in width.
(i) Greenbelts or landscape screening may be required for the protection of residential properties from adjacent major arterial streets, railroad rights-of-way, commercial or industrial areas or other features.
(j) Streetlights may be required to be installed at intersections throughout the subdivision and the installations shall conform to the requirements of the Town of Beverly Shores and the public utility providing the lighting.
(B) Subdivision and lot layout.
(1) Street location and arrangements. Within a proposed subdivision, arterial and collector streets shall be dedicated to the public in all cases. In general, all other streets, including new collectors and locals, shall also be dedicated to public use. The street layout shall conform to the following.
(a) Local streets shall be arranged so as to discourage their use by through traffic.
(b) The arrangement of streets in new subdivisions should be so that the streets extend to the boundary line of the tract to make provisions for the future extension of the streets into adjacent areas.
(c) Local streets shall be arranged in proper relation to topography in a manner which results in usable lots, safe streets and acceptable gradients without unnecessary destruction of drainage courses, trees and other natural features of the land.
(d) Alleys shall be provided in multiple dwelling or commercial subdivisions unless other provisions are made for service access and off-street loading and unloading. Dead end alleys shall be prohibited.
(e) Where a subdivision abuts or contains an arterial street, it shall be required that frontage roads be constructed approximately parallel to and on each side of the arterial street. The Commission may require other treatment as is necessary for the adequate protection of residential properties and to separate through traffic from local traffic. A single row of lots backing up to the arterial will not be discouraged. However, vehicular access from the lots to the arterial shall be prohibited.
(f) No intersection shall be constructed with more than 4 approach legs and the development of 3-legged “T” intersections is encouraged due to the increased safety of the intersections.
(g) Half streets shall be prohibited except where unusual circumstances make a like facility necessary to the reasonable development of a tract in conformance with these regulations and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract.
(h) Whenever a proposed subdivision borders an existing street, the Commission may require the reconstruction or widening of the street as a condition of plat approval. Additional dedication of right-of-way may also be required.
(i) When there is a situation of unusual physical conditions or a controlled design environment in evidence and it can be satisfactorily demonstrated to the Commission that a private street is the only feasible solution, the 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 the private streets at no expense to the governmental unit.
(2) Lot arrangements.
(a) The lot arrangements shall be so that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with this chapter and other regulations and in providing safe driveway access to buildings on lots from an approved street.
(b) Lot dimensions shall comply with the minimum standards of this chapter.
(c) Double frontage and reversed frontage lots shall be discouraged except where necessary to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation.
(d) Lots shall not generally, derive access exclusively from an arterial or major collector street. Where driveway access from an arterial or major collector street may be necessary for several adjoining lots, the Plan Commission may require that the lots be served by a common and combined driveway in order to limit possible traffic hazards on the street.
(e) Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage for the area.
(f) Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least 6 inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or planting.
(g) No cut trees, timber debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left deposited on any lot or street at the time the buildings are ready for occupancy.
(h) Where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system.
(3) Block arrangements.
(a) Blocks shall have sufficient width to provide for 2 tiers of lots of appropriate depth. Exceptions to this prescribed block width shall be permitted in blocks adjacent to water courses and commercial areas.
(b) Whenever practical, blocks along arterials and major collector streets shall not be less than 1,000 feet in length. As a general rule, blocks in other residential areas shall not be more than 1,000 nor less than 400 feet in length.
(c) In long blocks the Plan Commission may require an easement through the block to accommodate utilities, drainage facilities or pedestrian walkways.
(d) Where blocks are developed along arterial streets and/or highways that shall contain alleys, those alleys, shall run parallel to the arterial and not perpendicular or radial to it so as to create an intersection between the arterial and alley.
(4) Subdivision and street names.
(a) 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 preliminary plat approval.
(b) 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 differently but sound the same as existing streets shall not be used.
(c) The Plan Commission shall have final authority to name all streets (in case of conflict) upon recommendation of the Building Committee at the time of the preliminary plat approval.
(5) Public sites and open spaces.
(a) Where it is determined that a proposed park, playground, school or other public use as shown on the local government's plan is located in whole or in part within a proposed subdivision, sufficient area for the public use shall be dedicated to the public or reserved and offered for public purchase. If within 10 years of plat recording, the purchase is not agreed on, the reservation shall be cancelled or shall automatically cease to exist.
(b) Existing natural features which add value to residential development and enhance the attractiveness of the community shall be preserved in the design of the subdivision.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999