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Kokomo, IN Code of Ordinances
KOKOMO, INDIANA CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDINGS
CHAPTER 151: FAIR HOUSING
CHAPTER 152: HOUSING
CHAPTER 153: HISTORIC PRESERVATION
CHAPTER 154: PLANNING AND DEVELOPMENT
CHAPTER 155: SUBDIVISION CONTROL
CHAPTER 156: THOROUGHFARE PLAN
CHAPTER 157: ZONING
CHAPTER 158: RESERVED
CHAPTER 159: FLOOD HAZARD AREAS
CHAPTER 160: RENTAL HOUSING
CHAPTER 161: STORMWATER EROSION AND SEDIMENT CONTROL
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.45 RECORDING OF FINAL MAJOR SUBDIVISION PLAT.
   (A)   It shall be the responsibility of the petitioner to file the approved and signed final major subdivision plat with the Howard County Recorder within 30 days of the signature. Simultaneously, the petitioner shall record the covenants, any documents establishing the neighborhood association or other organization with assigned responsibility for maintaining common areas and facilities, and any agreements of dedication together with any other documents as shall be required to be recorded by the Plan Commission or other applicable governmental agency. The filing and recording of a plat is without legal effect unless the plat was approved by the Plan Commission.
   (B)   No improvement location permit shall be issued by the Plan Director or his or her agent, for any structure(s) on any subdivision lots prior to the recording of said subdivision plat by the Howard County Recorder's Office.
(Ord. 6405, passed 4-10-06)
§ 155.46 RELEASE OF PERFORMANCE BOND/ISSUANCE OF MAINTENANCE BOND.
   (A)   Upon completion of the infrastructure improvements as shown on the subdivision plans, the petitioner's surveyor or engineer shall provide the Plan Commission with a set of "as-built" plans showing the actual location, dimensions and materials used to construct all improvements within the subdivision. "As-built" plans shall be submitted to the City Engineer's Office.
   (B)   The city shall not accept dedication of required improvements nor release or reduce the performance bond amount until the City Engineer has submitted a final inspection report of the subdivision improvements and a maintenance bond has been secured
   (C)   Upon completion of all required improvements and installations, and prior to the acceptance of public maintenance by the city, the subdivider shall provide a three-year maintenance bond satisfactory to the city. The maintenance bond or letter of credit shall:
      (1)   Be drawn in favor of the city.
      (2)   Be in an amount equal to 25% of the cost of the improvements and installations as required by this chapter. The petitioner's surveyor or engineer shall supply record of the actual costs of improvements and installation on the project to aid the City Engineer in the determination of the amount of the bond.
      (3)   Be with surety satisfactory to city.
      (4)   Warrant the workmanship and all materials used in the construction, installation and completion of improvements; warrant the installations to be of good quality and to have been constructed and completed in a workmanlike manner in accordance with the standards, specifications and requirements of this chapter and with the plans and specifications approved by Plan Commission.
      (5)   Provide that for a period of three years from the date of the acceptance of the improvements, the petitioner shall, at his or her own expense, make all repairs to the improvements and installations, or the foundations thereof, which may become necessary by reason of improper workmanship or materials, but not including any damage to the improvements and installations resulting from forces or circumstances beyond the control of the applicant or occasioned by the inadequacy of the standards, specifications or requirements of this chapter.
      (6)   Comply with all statutory requirements and shall be satisfactory to the city as to form, sufficiency, and manner of execution as set forth in these regulations.
   (D)   The city, upon approval of the City Engineer's inspection report and issuance of a maintenance bond, shall pass a resolution accepting the improvements in the subdivision and formally releasing the performance bond.
   (E)   In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the city may thereupon declare the bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default as determined by vote of the city's Board of Pubic Safety or the beneficiary designated on the performance bond.
(Ord. 6405, passed 4-10-06)
§ 155.47 CERTIFICATE OF OCCUPANCY.
   No certificate of occupancy shall be issued by the Plan Director or city Building Inspector for any structure on any subdivision lots prior to an address being approved, installation and completion of all facilities, including grading, as shown on the plans approved by the Plan Commission; except that in the case of an asphalt road surface, the installation of the final surface coat may be postponed until the end of the maintenance period. The final coat of asphalt shall be installed prior to acceptance of the road for public maintenance.
(Ord. 6405, passed 4-10-06)
§ 155.48 VESTED RIGHTS.
   (A)   No vested rights shall accrue to any plat by reason of approval of the primary plat or issuance of earthwork permit until the actual signing of the primary plat by the President and Secretary of the Plan Commission.
   (B)   All requirements, conditions, or regulations adopted by the Commission applicable to the subdivision, or on all subdivisions generally, shall be deemed a condition for any subdivision prior to the time of the signing of the final major subdivision plat.
(Ord. 6405, passed 4-10-06)
DESIGN STANDARDS
§ 155.65 DESIGN STANDARDS INTRODUCTION.
   The following standards state the design standards for all subdivisions. Each section is broken down into specific categories. These categories include:
      General Standards
      Lot Standards
      Street Location and Arrangement Standards
      Alley Standards
      Block Standards
      Street Standards
      Private Street Standards
      Curb Standards
      Sidewalk Standards
      Street Lighting Standards
      Subdivision and Street Name Standards
      Easement Standards
      Public Sites and Open Space Standards
      Grading - Excavation and Fill Drainage Standards
      Drainage and Storm Water Management Standards
      Storm Water, Floodplain and Subsurface Drainage Standards
      Sewer Standards
      Water Supply Standards
      Miscellaneous Utility Standards
      Erosion Control Standards
      Monument and Marker Standards
      Street Signage Standards
      Conservation Standards
(Ord. 6405, passed 4-10-06)
§ 155.66 PURPOSE.
   The purpose of these regulations is to:
   (A)   Promote the proper arrangement of streets and arterials;
   (B)   Prevent congestion of streets and promote traffic safety;
   (C)   Secure adequate public spaces;
   (D)   Insure proper densities of population;
   (E)   Provide adequate utilities and public improvements;
   (F)   Insure the accurate survey and proper preparation of plats;
   (G)   Insure compliance with the comprehensive plan, the Zoning Ordinance and other ordinances; and
   (H)   Protect the health, safety and general welfare of the people.
(Ord. 6405, passed 4-10-06)
§ 155.67 GENERAL STANDARDS.
   (A)   No land shall be subdivided unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Plan Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth or rock formation, topography or any other feature harmful to the health and safety of future residents and the community as a whole.
   (B)   The Plan Commission may require either a general or operational soil survey, with interpretations, where it is not readily apparent from existing information that the land to be subdivided is not subject to flooding or does not contain poor drainage characteristics. If required, the survey shall be conducted by a qualified person or agency acceptable to the Plan Commission. In the event that the Plan Commission finds the land to be subdivided unacceptable due to the results of the soils survey, the Plan Commission shall not approve the plat. The Plan Commission may, however, prescribe conditions that the subdivider must meet to obtain approval and these conditions may be incorporated into an agreement between the Plan Commission and the subdivider.
   (C)   The subdivision design and layout shall be such that it protects the health, safety, and general welfare of the residents in the jurisdiction of the Plan Commission.
   (D)   The Plan Commission may require improvements to streets and intersections adjacent to or in the vicinity of the subdivision as determined by the required traffic impact study and in accordance with the city thoroughfare plan. Additional dedication of right-of-way may also be required.
   (E)   Tree planting is encouraged where trees within the right-of-way are proposed, the planting plan shall have been submitted with the preliminary plat and approved by the Board of Public Works and Safety or its designated city department.
   (F)   In addition to the requirements established herein, all subdivision plats shall comply with the following rules, laws, and regulations:
      (1)   All applicable statutory provisions.
      (2)   The local Zoning Ordinances, building and housing codes, and all other applicable laws of the appropriate jurisdiction.
      (3)   The comprehensive plan, thoroughfare plan and any other appropriate plans of the city.
      (4)   The rules and regulations of the Indiana Department of Environmental Management, the Department of Natural Resources, Aeronautics Commission, Howard County Drainage Board, and other appropriate agencies.
      (5)   The rules, regulations, and standards of the Indiana Department of Transportation if the subdivision or any lot contained therein abuts a state highway.
      (6)   All applicable planning and regulatory guidelines, including access control, driveway manuals, parking and traffic control ordinances, and other applicable guides published by the local governmental units.
      (7)   The Indiana Manual of Uniform Traffic Control Devices (or its replacement) shall be used or the design and installation of traffic control devices.
(Ord. 6405, passed 4-10-06)
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