Section
General Provisions
157.001 Title
157.002 Policy
157.003 Purpose of these regulations
157.004 Authority and jurisdiction
157.005 Interpretation, conflict and separability
157.006 Saving provision
157.007 Repealer
157.008 Amendments
157.009 Conditions
157.010 Re-subdivision of land
157.011 Vacation of plats
157.012 Variances
157.013 Enforcement, violation and penalties
157.014 Appeals
157.015 Usage
157.016 Definitions
Application and Approval Procedure
157.030 General procedure
157.031 Major and minor subdivisions; sketch plan application procedure for primary approval
157.032 Major subdivision
157.033 Minor subdivisions
Requirements for Improvement Reservations and Design
157.045 General improvements
157.046 Lot improvements
157.047 Streets
157.048 Drainage and storm sewers
157.049 Water facilities
157.050 Sewerage facilities
157.051 Sidewalks
157.052 Utilities
157.053 Public uses
157.054 Preservation of natural features and amenities
157.055 Non-residential subdivisions
Subdivision Design Standards
157.065 Blocks
157.066 Lots
157.067 Utilities
157.068 Waivers
157.069 Sediment control
157.070 Flood prone areas
157.071 Drainage
157.072 Landscaping
157.073 Design requirements for mobile home developments
157.074 Suitability of land
157.075 Natural features
Assurance for Completion of Improvements
157.090 Improvements and performance bond
157.091 Inspection of public improvements
157.092 Maintenance of public improvements
157.093 Issuance of building permits
Specifications for Documents to be Submitted
157.105 Sketch plan
157.106 Preliminary plat
157.107 Construction plans
157.108 Final subdivision plat
Appendices: Construction Standards
Appendix A: Street Standards
Appendix B: Storm Sewer Standards
Appendix C: Water Standards
Appendix D: Sanitary Sewer Standards
Appendix E: Erosion Control Standards
GENERAL PROVISIONS
(A) It is hereby declared to be the policy of the Town of Cloverdale to consider the subdivision of land and the subsequent development of each subdivided plat as subject to the official Comprehensive Plan and related polices (such as those embodied in the Cloverdale Zoning Ordinance) for the orderly and efficient development of the Town of Cloverdale.
(B) Land to be subdivided shall be of such a character that it can be developed without peril to health or peril from flood, fire or other menace, and land shall not be subdivided until having access to available existing public facilities and improvements and proper provision has been made for the subdivision. Private wells and septic systems in lieu of public water and sewer facilities are generally not permitted. They are only allowable where Cloverdale utilities cannot be provided to the property being developed. If permitted, any such instillation must be approved by Cloverdale, meet State Health Department standards and be approved by the Utility Superintendent.
(C) Both existing and proposed public facilities, serving the subdivision shall be properly related to and conform to the official Cloverdale Comprehensive Plan, and related Town of Cloverdale policies and implementation programs including the Capital Budget, Thoroughfare Plan, Zoning Ordinance and Housing and Building Codes, if such have been enacted and are in force. (See definition of Comprehensive Plan.)
(Ord. 2011-07, passed - - )
The purpose of these regulations is to protect and promote the public health, safety, and general welfare, and to provide for:
(A) Guidance of future growth and development in accordance with the comprehensive planning process.
(B) Adequate air, light, and privacy, and to prevent overcrowding of the land and undue -congestion.
(C) Protection of the character and the social and economic stability of all parts of the area, and to encourage the orderly and beneficial development of all parts.
(D) Protection and conservation of the value of land, buildings, and other improvements upon the land, and to minimize the conflicts among the uses of land and buildings.
(E) Guidance of public and private policy and action in order to assure adequate and efficient transportation, water, sewerage, schools, parks, drainage, and other public requirements and facilities.
(F) Avoidance of scattered and uncontrolled subdivision of land that would result in the unnecessary imposition of an excessive expenditure of public funds for the supply of services that are a part of the community.
(G) Establishment of reasonable standards of design and minimum requirements for the creation, installation, and improvement of physical facilities which are, or will be, maintained for the benefit of the general public.
(H) Establishment of reasonable standards and procedures for subdivision and re-subdivisions, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land.
(I) Prevention of the pollution of air and water; provision of drainage facilities and the safeguarding of the water table; and the encouragement of wise use and management of natural resources in order to preserve the integrity, stability, natural beauty and topography, and the value of land.
(J) Administration of these regulations by defining the powers and duties of approval authorities; and the manner and form of making, filing and processing of any plat.
(Ord. 2011-07, passed - - )
(A) This chapter has been enacted pursuant to Indiana home rule and planning enabling legislation (Indiana Code, titles 36-1-3-4 and the 36-7-4-700 series, as amended.) The Cloverdale Plan Commission has the authority and jurisdiction to review and approve or disapprove plats for subdivision throughout the Town of Cloverdale which show lots, blocks or sites with or without new streets or highways. This authority extends to the development or re-subdivision of developed and undeveloped portions of already recorded plats and to any future amendments of such plats.
(B) No improvement location permit, building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations, and not excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the regulations contained herein and in conformity with Building Code, water, drainage and street construction standards currently or hereafter adopted by the Town of Cloverdale.
(Ord. 2011-07, passed - - )
(A) In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
(B) Conflict with public and private provisions.
(1) Public provisions. The regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provisions of law. Where any provisions of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose the highest standards shall control.
(2) Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher regulations, or the determinations of the Plan Commission in approving a subdivision or in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder. (Note: private provisions can only be enforced by private parties unless a public agency such as the Cloverdale Town Council or Plan Commission has been made party to such agreements).
(C) Separability. If any part or provision of these regulations or application thereof to any person or circumstances is adjudged, invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in any controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other person or circumstances. The Town of Cloverdale hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application.
(Ord. 2011-07, passed - - )
These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the municipality under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the Town of Cloverdale except as shall be expressly provided for in these regulations.
(Ord. 2011-07, passed - - )
Loading...