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The Plan Commission may waive the requirement of a street to be dedicated to the public and approve a private street in a subdivision provided all of the following conditions are satisfied:
(A) Restrictive covenants, a written commitment, or other necessary document(s) running with the land, shall be recorded in such form as is approved by the Plan Commission to clearly state of record each of the following provisions:
(1) The Board shall never be obligated to accept a public dedication, deed, or any other conveyance of such private street.
(2) The Howard County Highway Department or city shall never be obligated to maintain or repair the street, or accept it into its maintenance program.
(3) A legally-formed community association comprised of all owners of lots in the subdivision, as well as each such owner individually, shall be jointly and severally obligated to maintain and repair each private street in the subdivision.
(4) The subdivision's community association and all owners of lots in the subdivision shall jointly and severally indemnify and hold harmless City of Kokomo, the City Council and the Plan Commission, against any loss, damage, or liability arising from claims or suits for personal injury or property damage involving the design, construction, use or maintenance of a private street in the subdivision.
(5) While the use of a private street may be restricted to owners of lots in the subdivision, or their guests, an express easement shall be granted to public and quasi-public agencies for use of such streets by emergency, utility, and school vehicles and personnel, and for any other purpose the Plan Commission reasonably believes is necessary or appropriate.
(B) Title to each private street in the subdivision shall be properly conveyed by warranty deed to the subdivision's community association.
(C) Evidence of the legal formation of the subdivision's community association shall be recorded.
(D) A maintenance bond to the city, with coverage comparable to that required for public streets, for the benefit of the subdivision's community association and lot owners, shall be provided by the developer of the subdivision, if the Plan Commission finds such a bond necessary.
(E) A sign, meeting the standards of the city, must be posted declaring the street is privately maintained.
(F) The ownership, operation and maintenance of any private street or place shall be subject to any action by the Board of Public Works and Safety and when it relates to serviceability for the facilitation of city services such as, but not limited to, trash pickup, fire protection, police services, or any such required municipal service.
(G) A detailed signage plan shall be provided to ensure appropriate, minimum controls are in place for public safety.
(Ord. 6405, passed 4-10-06)
(A) Curb and gutter shall be constructed as per the standard details adopted by the Board of Public Works and Safety and on file with the City Engineer.
(B) Curbs and gutters in residential areas along local streets shall be roll or mountable type.
(C) Curbs and gutters in non-residential areas and along arterials and collectors shall be vertical type curb.
(D) Curbs for medians, islands or along interior sides of streets shall be constructed as per the standard details adopted by the Board of Public Works and Safety and on file with the City Engineer.
(Ord. 6405, passed 4-10-06)
(A) The subdivider shall provide sidewalks on all dedicated street right-of-way, existing street right-of-way adjacent to the subdivision, and inside all proposed subdivisions other than in industrial subdivisions, unless required by the Plan Commission.
(B) Sidewalks shall be constructed of concrete pavement and at least four feet wide, four inches thick, sloped 1/4 inch per foot toward the street and located one-foot inside the right-of-way line. Multi-use paths shall be constructed of asphalt pavement, eight feet wide, three inches thick on a compacted stone base four inches thick, sloped 1/4 inch per foot toward the street, located one-foot inside the right-of-way line.
(C) Sidewalks and pathways located away from streets or dusk to dawn lights should be properly lighted to permit clear vision of the walk or path all hours of the day.
(D) When sidewalks, trails or paths cross arterials or collectors within or adjacent to the subdivision, safety devices such as painted crosswalks, signs or pedestrian signals shall be installed in accordance with the Indiana Manual on Uniform Traffic Control Devices (Indiana MUTCD).
(E) Easements of at least eight feet in width shall be provided for sidewalks or 12 feet in width for multi-use paths not located in a right-of-way.
(F) Americans with Disability Act (ADA) compliant ramps for wheelchairs and bicycles shall be provided on all sidewalks and paths. Ramps are to be located at all intersection and other transition access points, according to Indiana MUTCD and local standards.
(G) Vertical clearance shall be provided for all sidewalks with all overhead obstructions cleared to a height of at least eight feet.
(H) Sidewalks adjacent to roads within subdivisions shall be constructed in accordance with the construction standards and specifications of the Indiana Department of Transportation, latest edition.
(I) Where driveways are to be built across the sidewalk space, they shall conform to the sidewalk grade and shall be six inches minimum in depth of the same quality and material as specified for sidewalks herein.
(J) All new or repaired sidewalks shall be constructed under the supervision of the City Engineer who shall inspect and report on the same before approval and/or release of bonds for such sidewalk improvements.
(K) No sidewalk section installed at the time of the original construction shall be cut in order to save a part of the original section at the time of repair, but rather the entire section shall be replaced.
(L) All sidewalks shall be installed by each property owner in the subdivision within one year of issuance of an improvement location permit for construction of improvements on the property or within three years of subdivision approval which ever is less. In the event that sidewalks are not installed, the City Engineer may notify the property owner, allowing a minimum of 30 days to install the sidewalk. If the sidewalk is not installed within the given time, the city may install the sidewalk and assess the property owner for all materials and labor.
(M) For sidewalks on existing street frontage, the city may accept payment in lieu of sidewalks. Payment shall be based upon costs of recent similar projects contracted by the city or per the standard bidding process used by the city. These funds will be used to implement the city's alternative transportation plan.
(Ord. 6405, passed 4-10-060
(A) Street lights shall be shielded with opaque material preventing upward light spillage, in compliance with the standards of the Illuminating Engineering Society of North America (IESNA).
(B) All electric lines are to be buried.
(C) Placement of lines should be coordinated with the City Engineer.
(D) Once 51% of the development is occupied, the developer may request for the city to initiate and coordinate the installation of the lights. The power company will install the lighting using the city's current, preferred street lighting fixture. The developer may utilize different lighting fixtures if the developer obtains the approval of the City Engineer, pays all costs of the fixtures including any additional installation costs and any additional monthly fees above the normal amounts associated with the standard city style.
(Ord. 6405, passed 4-10-06)
(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 the primary 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 contiguous or non-contiguous street. Street names that may be spelled different 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 conflicts) at the time of secondary plat approval.
(D) Private street names shall end in the word "place", as in Berwick Place or Harbour Place.
(Ord. 6405, passed 4-10-06)
(A) Where alleys are not provided, easements for utilities and other required uses such as access, drainage, walkways and/or landscaping shall be provided. Such easements shall have minimum width of 16 feet, and where located along lot lines, one-half of the width shall be taken from each lot.
(B) Where a subdivision is traversed by an existing watercourse, drainage way, channel, or stream, the subdivider shall designate drainage easements on both sides of the watercourse. Such easements shall have a minimum width of 16 feet, and where located along lot lines, one-half of the width shall be taken from each lot. In the case of a regulated drain, the Howard County Drainage Board shall determine the width of the easement.
(C) Easements to permit access for maintenance and repair of surface and subsurface drainage improvements shall be provided on the final copies of the primary plat, secondary plat, and construction plans. Location of easements shall be reviewed by the city and/or its representatives along with the local utility companies.
(D) In the case of lots extending to the boundary of the lands platted and not adjoining another plat, the full width of the required easement shall be provided.
(E) When a proposed drainage system shall direct or carry collected water across private lands outside the subdivision, appropriate off-site drainage rights such as easements must be secured by the subdivider and indicated on the plat.
(F) Detention basins shall be protected and located within detention easements, with suitable access provided to the basins and associated inflow and outflow elements.
(G) Physical encroachments or improvements within platted easements shall only be permitted if they do not restrict, obstruct or prohibit the use of the easement for which it was intended as determined by the Board of Public Works and Safety. Any encroachment or improvement which restricts, obstructs or prohibits use of the easement may be removed at the property owner's expense.
(H) Other easements may be required by the Plan Commission.
(Ord. 6405, passed 4-10-06)
(A) Tree planting is encouraged but in no case may trees be planted in the right-of-way of residential streets having 50 feet or less right-of-way and the covenants shall so state. Where trees within right-of-way are planned; the planting plan shall be submitted with the preliminary plat for approval.
(B) Where sites for parks, schools, playgrounds or other public uses are located within the subdivision area as shown on the Master Plan, or where such sites appear to be desirable, the Commission may request their dedication for such purposes, or their reservation for a period of one year following the date of the approval of the plat. In the event a governmental agency concerned passes a resolution expressing its intent to acquire the land so reserved, the reservation period shall be extended for an additional six months.
(C) Subdivision developments are encouraged to provide open space areas such as boulevard streets, enhanced streetscapes, community spaces, preserved natural features and other neighborhood amenities.
(Ord. 6405, passed 4-10-06)
In order to provide more suitable sites for building, to improve surface drainage, the following requirements shall be met:
(A) All lots, tracts or parcels shall be graded such that positive drainage away from physical structures is achieved, in accordance with all applicable building codes.
(B) All land shall be graded to drain, control and/or divert natural and generated surface runoff to a proper location.
(C) Fill material altered or moved onto the site shall not encroach or impede natural flow of drainage across the site, unless measures are approved by the City Engineer which accommodate the maximum design flow.
(D) Grading shall not cause the unnatural diversion of flows onto adjacent property except to previously existing, adequately sized receiving facilities (storm sewers, ditches, ponds, and the like) and only with the appropriate easements or written, recorded consent of the property owner.
(E) Dust control measures shall be taken during grading operations, and watering of sites may be required in order to control such conditions.
(F) Proper care must be taken when operations occur at or across streams or natural drainage ways. Provisions shall be made for the installation of temporary or permanent culverts or bridges, and approvals and permits from proper agencies must be obtained prior to work at stream crossings. Adequate erosion control measures shall be in place to prevent negative impacts to the streams and waterways.
(G) Site grading shall not cause dirt, sediment or debris to be tracked upon public roads or placed within public right-of-way. Care must be taken to provide cleaning/washing operations for equipment leaving site to minimize any such impact to city streets, and site owner shall be responsible for all clean-up of dirt on streets as directed by the City Engineer/Inspector.
(Ord. 6405, passed 4-10-06)
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