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CHAPTER 8:  SUBDIVISION OF LAND
Section
   8.1   Types of subdivisions
   8.2   General provisions for all subdivisions
   8.3   Exemptions
   8.4   Waivers
   8.5   Land development principles
   8.6   Standards for surveys and preparation of plats
   8.7   Monuments and markers
   8.8   Street standards
   8.9   Pedestrian network standards
   8.10   Block standards
   8.11   Lot standards
   8.12   Entrance and drive standards
   8.13   Retention pond standards
   8.14   Easement standards
   8.15   Open space standards/common area
   8.16   Utility standards
   8.17   Common area maintenance or homeowner’s association
   8.18   Development bonuses
§ 8.1  TYPES OF SUBDIVISIONS.
   (A)   Standard residential.
      (1)   The standard subdivision is intended to be entirely residential.
      (2)   The subdivision shall:
         (a)   Conform to all development and design standards within Chapter 7 and all subdivision standards within this chapter;
         (b)   Be permitted in the SF, SF1, SF2 and SF3 Zoning Districts;
         (c)   Have a lot and street layout that may be a grid or curvilinear per § 8.8;
         (d)   Provide minimum required open space per § 8.15; and
         (e)   Have perimeter landscaping, mounding and/or fencing in a designated common area or easement along all arterial and collector streets per § 7.8.
   (B)   Conservation.
      (1)   Intent.  Conservation subdivisions are intended to allow greater flexibility in the design and development of subdivisions, in order to produce innovative residential environments, provide for more efficient use of land, protect topographical features and permit common area and open space to accomplish this purpose. Specifically a conservation subdivision provides for the:
         (a)   Protection of unique topographical features on the site, including, but not limited to, slopes, streams and natural water features;
         (b)   Protection and preservations of wooded areas, individual trees of significant size, wetlands or other environmentally sensitive features;
         (c)   Development of common open space and recreational areas easily accessible to residents of the subdivision including provisions for walkways and bikeways;
         (d)   Provide a more efficient use of the land;
         (e)   Produce innovative residential environments; and
         (f)   Minimize the alteration of the natural site features to be preserved through the design and situation of individual lots, streets and buildings.
      (2)   Exceptions. Exceptions to the development standards relating to the subdivision’s lot size, shape and dimensions may be permitted for individual lots within a conservation subdivision, as follows.
         (a)   Project area (minimum size of subdivision).  There shall be a minimum of five acres required for the development of a conservation or cluster subdivision. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed by or on behalf of the owners of the entire tract. The tract shall be developed as a unit and in the manner approved.
         (b)   Project density.  The overall maximum density of the proposed conservation subdivision shall remain the same as that permitted by developing the same site area into developable lots in full compliance with the applicable underlying zoning district regulations.
      (3)   Lot standards.
         (a)   Individual lots in a conservation subdivision are exempt from the following development standards of the applicable residential zoning classification:
            (1)   Minimum lot area;
            (2)   Minimum lot width; and
            (3)   Minimum lot width at setback.
         (b)   Minimum side and rear yard setback regulations may be modified as follows:
            (1)   Setback from any subdivision boundary property lines.  Twenty feet;
            (2)   The minimum rear yard setback.  Fifteen feet; and
            (3)   The minimum side yard setback shall have a minimum depth in accordance with the following regulations provided that a minimum distance of 15 feet is maintained between buildings on adjacent lots.
         (c)   Any plat of a subdivision submitted for plat approval may reduce the minimum side yard requirement for one side yard of each lot to zero provided that:
            (1)   A minimum distance of 15 feet shall be required and maintained between all buildings on adjacent lots;
            (2)   No windows or doors shall be provided or maintained on that portion of the structure which reduces the required side yard by use of this exception; and
            (3)   An easement, providing for the continual maintenance of that portion of the structure that reduces the required side yard by use of this exception is provided, recorded and maintained.
         (d)   Minimum street frontage may be reduced to 15 feet; provided, however, that each individual lot shall have direct access to a public street.
      (4)   Open space.
         (a)   Individual lots shall have a minimum open space of 50%.
         (b)   The amount of permanent open space created by the development of the site as a conservation subdivision shall be equivalent to, or more than, the total reduction in lot sizes. At least 75% of the total amount of open space shall consist of tracts of land at least 50 feet wide.
         (c)   The permanent open space created by the development of the site as a conservation subdivision shall be provided in a manner that it is preserved in its naturally occurring state for passive recreational activities. A subordinate amount of this permanent open space may be developed as a common recreational area. The permanent open space created by the development of the site as a conservation subdivision shall further be provided in a manner that it is accessible to residents of the subdivision and for maintenance. The permanent open space shall perpetually run with the subdivision and shall not be developed or separated from the conservation subdivision at a later date. Provisions shall be made for continuous and adequate maintenance at a reasonable and nondiscriminatory rate of charge.
 
   From Top to Bottom: An Existing Farm; Traditional Zoning; Cluster Zoning; and a Conservation Subdivision
   (C)   Neo-traditional or traditional neighborhood.
      (1)   Intent. The intent of the traditional neighborhood subdivision type is to establish standards which will promote the principles and objectives of neo-traditional/new urbanist development in the Traditional Residential (TR) zoning district and which encourages mixed-use, diverse, pedestrian- oriented communities with a compact form.
      (2)   Street design standards.  Development subject to the requirements of this section shall comply with the following standards.
         (a)   Accommodation of new streets.  Development shall be designed and located to accommodate existing and proposed streets in accordance with the Center Township thoroughfare plan and the city construction standards, as amended.
         (b)   Grid network.  A street grid network is encouraged. In cases where residential development has been organized around a grid street network, measures to interrupt or terminate long vistas exceeding 1,200 feet in length shall be employed to the maximum extent practicable. These measures shall include, but shall not be limited to:
            (1)   Curvilinear street segments;
            (2)   Street jogs or off-sets designed to require vehicles to slow their travel speed;
            (3)   Bumpouts;
            (4)   Terminated vistas; and
            (5)   Stop signs at street intersections.
         (c)   Design speed.  Alleys and local streets shall be designed for a maximum speed not in excess of 25 mph. Street widths and curb return radii shall be minimized to the maximum extent practicable.
         (d)   Traffic calming measures.  Minimal street widths, short block lengths, on-street parking, controlled intersections, roundabouts and other traffic calming measures shall be used on all local streets.
         (e)   Fronting onto streets.  The front facade shall be defined as including the building’s primary entrance as determined by the entrance’s function, scale and/or design detail.
         (f)   Internal street connectivity.  All streets shall be connected unless determined to be or impracticable to achieve due to topographic conditions, natural features or adjacent existing development patterns.
         (g)   Cul-de-sacs.
            (1)   Residential development.
               a.   Cul-de-sac streets shall be limited to a maximum of 15% of the total road footage in a neo-traditional residential development.
               b.   Whenever cul-de-sac streets are created, at least one eight-foot wide pedestrian access easement shall be provided, to the extent practicable, between each cul-de-sac head or street
            (2)   Nonresidential and mixed-use development.  Cul-de-sacs streets shall be limited to no more than 10% of the total road footage in a nonresidential or mixed-use development.
            (3)   Cul-de-sac length.
               a.   Cul-de-sac streets shall not extend for more than 500 feet as measured from the center of the cul-de-sac turn around to the nearest right-of way boundary of the adjoining street right-of-way intersection.
               b.   In no case shall a cul-de-sac serve more than 20 lots in a development.
            (4)   Termination.  Cul-de-sac streets shall terminate in a circular turn around having a right-of-way radius of at least 60 feet, and a paved turning radius of at least 50 feet. General provisions for standard subdivisions can be found in § 8.2 of this ordinance.
         (h)   External street connectivity.
            (1)   Street rights-of-way shall be extended to or along adjoining property boundaries so that a roadway connection or street stub shall be provided for development or to undeveloped lands at least every 1,500 feet for each direction (north, south, east and west) in which development abuts vacant lands.
            (2)   At all locations where streets terminate with no street connection, but a future connection is planned or accommodated, a sign shall be installed at the location with the words “Future Road Connection” to inform property owners.
         (i)   Alley access to individual lots.
            (1)   Alleys shall be provided along the rear property lines of lots intended for new single-family detached and attached, townhouse and two- to four-family dwellings when the lots:
               a.   Are part of a block face with an average lot width of 55 feet or less at the building setback line (excluding lots on cul-de-sacs); or
               b.   Front a collector or arterial street (regardless of the average lot width).
            (2)   Lots served by alleys in accordance with subsection (C)(2)(i)(1) above shall access garages and/or off-street parking areas from the alley as opposed to a street.
            (3)   Lots served by alleys in accordance with subsection (C)(2)(i)(1) above shall not have driveways in front or corner side yard areas.
         (j)   Limited access to collector streets.  Unless no alternative means of access exists, such as alleys or parallel access streets, and it is unreasonable or impractical to require an alternative means of access, direct driveway access to collector streets shall be limited to lots containing multiple family dwellings, commercial and industrial and related uses.
         (k)   Block design.
            (1)   Block length.  The average block length in a development shall not exceed 600 linear feet between the right-of-way edges of intersecting streets. Except in cases where environmental or topographic constraints exist, or the property has an irregular shape, no individual block shall exceed a maximum length of 800 linear feet.
            (2)   Block width.  To the maximum extent practicable, the width of any block shall be sufficient to permit at least two tiers of lots of appropriate depth for the zone district exclusive of any public alleys, watercourses or other rights-of-way located outside platted lots.
         (l)   Sidewalks.
            (1)   Sidewalks shall comply with the construction standards regardless of whether the street they serve is new or existing.
            (2)   In cases where the block length exceeds 800 linear feet, sidewalks shall be provided mid-block if practicable to connect parallel streets on the long side of the block.
            (3)   All required sidewalks shall connect with existing or planned sidewalks at property boundaries.
            (4)   All multifamily, public and institutional, commercial and industrial and related uses shall provide at least one improved internal pedestrian access to connect all new buildings to existing or planned sidewalks in the adjacent public right-of-way.
            (5)   Sidewalks shall not be required when:
               a.   A provided pedestrian pathway can serve the same function as a sidewalk;
               b.   A provided pedestrian pathway internal to a block provides access to each lot in the block; or
               c.   The Administrator determines it is impractical due to environmental or topographical constraints.
   (D)   Multifamily and nonresidential (commercial, industrial).
      (1)   Intent.  The intent of the commercial subdivision guidelines is to ensure the compatibility of the proposed project with the surrounding community and to ensure an orderly and logical pattern of nonresidential development. Any proposed subdivision containing land that is zoned or otherwise intended to be used for commercial or industrial uses is subject to the development standards contained in this section and in Chapter 4 of this ordinance, in addition to those standards applying to all subdivisions of land.
      (2)   Subdivision procedure.  The subdivider shall follow the procedure for subdivisions provided in this ordinance.
         (a)   The subdivider may prepare a secondary (final) plat for only the lots identified, and shall provide subsequent secondary (final) plats as additional lots become necessary.
         (b)   All commercial and industrial primary plats shall expire five years from the date of approval by the Plan Commission.
         (c)   Procedures for primary and secondary plats for subdivisions can be found in §§ 9.18 and 9.19.
      (3)   Subdivision layout.
         (a)   Where there is a single-tenant commercial building, the building shall be oriented toward the primary abutting street. Buildings set back greater than 100 feet from the right-of-way behind large expanses of parking shall be avoided.
         (b)   Where there is more than one building in a commercial development, commercial lots shall have frontage on interior streets or an access road. Only individual developments shall have access on to public streets and only then as permitted by the Common Council, County Highway Department or State Department of Transportation.
         (c)   Buildings and structures shall be subject to the nonresidential design standards in § 7.18.
         (d)   All principal and outlot buildings shall be arranged and grouped so that the primary orientation frames the corner of an adjacent street intersection, frames and encloses a “main or focal” street for pedestrian and/or/vehicular access and frames and encloses parking areas.
         (e)   The layout of outlots shall relate to the public street as well as the center of the commercial development.
            (1)   Outlots shall reinforce rather than obscure the identity and function of a commercial development.
            (2)   To the extent possible, outlots shall be clustered together to define street edges and entry points.
            (3)   Spaces between outlots shall be improved for pedestrian travel with lighting, special paving, landscaping and other amenities.
      (4)   Nonresidential access and circulation standards.
         (a)   Vehicular.
            (1)   The number of traffic access points (curb or driveway cuts) for establishments with 100 feet or less of frontage on a street shall not exceed one.
            (2)   For establishments in the PBC, PBO, PBI, ID and IN zoning districts with frontage of more than 200 feet, a service road shall be provided, of not less than two lanes in width or a combined service/frontage road and parking area, parallel with and adjacent to the street upon which the establishments front. In the event that establishments front on more than one street, service roads may be required on more than one street frontage.
            (3)   A service/frontage road or roads required by this section shall be effectively separated from the main roadway by a corridor buffer landscaped strip or other suitable delineation no less than 20-feet wide, and shall be designed and arranged so as to provide the principal means of access to abutting business establishments.
            (4)   In general, the use of public improved alleys, interior access roads or any other designated means to minimize the number of traffic access points in commercial areas are encouraged.
            (5)   Interconnectivity/cross-access easements shall be provided between adjacent commercial or industrial lots. The easement shall be recorded on the plan and is enforceable and binding.
            (6)   Special requirements may be imposed by the Plan Commission with respect to streets, street access, curbs and sidewalk design and construction.
            (7)   If access will be required for large trucks and/or heavy loads, the Plan Commission may increase the construction and design requirements. Roads serving primarily nonresidential traffic, especially truck traffic, shall not normally be extended to the boundary of adjacent tracts used or zoned for residential purposes.
         (b)   Pedestrian.
            (1)   Sidewalks in commercial areas shall be located on both sides of a street and be a minimum six feet in width.
            (2)   Sidewalks in industrial areas shall be located on at least one side of a street and be a minimum of five feet in width.
            (3)   Perimeter paths and sidewalks are required per the transportation plan on all arterial, collector and local streets. Perimeter multi-use paths shall be a minimum of eight feet wide.
            (4)   Sidewalks shall be provided along the full length of a commercial retail facade with a pedestrian entrance and direct access to the parking lot. The sidewalk shall be a minimum of eight feet in width.
            (5)   Internal pedestrian walkways in parking areas shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks or scored concrete.
         (c)   Alleys.  Alleys may be permitted by permission of the Plan Commission to provide loading and service areas. The alleys shall have a right-of-way width of at least 20 feet and a pavement width of at least 16 feet.
      (5)   Additional standards. The following items shall be addressed, either through the lot design or through notations placed upon the plat.
         (a)   Loading docks and semi-truck parking.  Loading docks, semi-truck parking and/or semi-truck turn-around areas shall be designated by the use of signs and pavement markings. These areas shall be separated from parking and access areas used by automobiles or pedestrian traffic. Public streets shall not be used for semi-truck parking, standing or backing. The overnight parking of semi-trucks shall not occur between the hours of 10:00 p.m. and 7:00 a.m. except in designated areas of semi-truck travel centers (truck stops).
         (b)   Fire lanes.  Fire lanes shall be required at all entrances and exits to structures and storage areas and at all locations of hydrants, Siamese connections, sprinkler controls or other locations deemed appropriate by the Plan Commission. Fire lanes shall be marked by signs and pavement markings in accordance with current standards and specifications. Fire lanes shall be a minimum width of 20 feet.
         (c)   Parking.
            (1)   Parking lots shall have a hard, dust-free surface and shall be designed to provide safe, well-defined points of ingress and egress. Alternative and innovative pavement surfaces considered to be best management practice in stormwater design also shall be considered by the Plan Commission.
            (2)   The Commission shall require physical barriers, pavement markings, signs and landscaping as it deems necessary to properly channel traffic to designated parking entrances and exits.
            (3)   A maximum of 50% of the required off-street parking shall be provided in the front yard. For every 10% increase over the maximum allowed parking in the front yard, the interior landscaping requirements shall increase by five feet.
         (d)   Snow storage.  Developments which have parking, loading and driveway areas in excess of 40,000 square feet shall contain snow storage areas. Drainage plans shall include plans for the disposal of melt water.
         (e)   Open space.
            (1)   Open space can enhance any development and be used by customers and employees. Open space can be landscaped or hard surfaced such as plazas and patios. The open space can contain planting, site furnishings, water features or public art. Open space shall not include retention ponds, required landscaping, sidewalks or designated parking areas.
            (2)   Open space shall be provided at the following rates according to land use:
 
Table 8.1: Percentage Open Space Required (Nonresidential)
Subdivision Type
Percentage Usable Open Space Required
Commercial office
2%
Commercial retail
5%
Planned industrial
2%
 
         (f)   Drainage.
            (1)   A drainage plan shall be submitted meeting the specifications of § 9.17.
            (2)   a.   The system shall be designed so as to maximize the disposal of stormwater into the storm sewer system. The system may also make maximum use of on-site retention ponds, as needed, to minimize the downstream impact of drainage from the site.
               b.   Retention/detention pond sites, where possible, shall be located in a visible location and incorporated as an amenity into the project.
         (g)   Water and sewer facilities.  The Plan Commission may impose those requirements as it deems necessary on the installation of water and sewer facilities.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
   Pedestrian network system, see Title XV, § 8.9
   Subdivision control procedures -general, see Title XV, § 9.18
   Subdivision control procedures - major subdivisions, see Title XV, § 9.19
   Subdivision control procedures -minor subdivisions, see Title XV, § 9.20
§ 8.2  GENERAL PROVISIONS FOR ALL SUBDIVISIONS.
   (A)   Intent.  The subdivision of land and the subsequent development of the subdivided plat shall be subject to the control of the city pursuant to the requirements of the city comprehensive plan for the orderly, planned, efficient and economical development of the city. The subdivision of land shall be permitted in all zoning districts.
   (B)   Subdivision defined.  The division of any lot for the purpose of sale, transfer, gift or lease that results in the creation of one or more new building sites shall be considered a subdivision and shall be subject to the requirements of this Chapter 8 and the subdivision control procedures within Chapter 9.
   (C)   Division from parent tract.
      (1)   Major subdivision.
         (a)   No subdivision which results in the creation of more than four lots from a parent tract, whether at the same time or over the course of time, shall be considered under minor subdivision review, regardless of whether the four lots are created through one subdivision or several subdivisions over time.
         (b)   In any district, no more than one principal structure and its customary accessory uses shall be located on a single lot; except that principal structures designed and platted as a single unit under single ownership and control, such as a multifamily residential project, business shopping center or combined industrial operations, may be permissible on a single lot under the terms of this ordinance.
      (2)   Minor subdivisions.  A minor subdivision shall be considered any subdivision which results in the creation of four or fewer lots from a parent tract, whether at the same time or over the course of time.
   (D)   Private agreements.  The following subdivision design standards shall be required prior to the approval of any subdivision plat or development plan. Additionally, these standards shall apply to planned unit developments unless through the PUD District ordinance a design standard is waived or altered.
      (1)   This ordinance is not intended to supersede any easement, covenant or any other private agreement or restriction; however, where the provisions of this ordinance are more restrictive or impose higher standards or regulations than the easement, covenant or other private agreement or restriction, the requirements of this ordinance shall govern.
      (2)   Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations that are more restrictive, or higher standards than the requirement of these regulations, and the private provisions are not inconsistent with this ordinance, then the private provisions shall be supplemental to this ordinance. Private covenants may be enforced at the discretion of the city.
      (3)   Where covenants or private agreements exist, the city may require certification and signatures from the homeowner’s association or other property owner prior to issuing a permit.
   (E)   Adequate public facilities.
      (1)   No annexation, initial zoning, rezoning or preliminary platting shall be approved unless the Plan Commission determines that public facilities will be adequate to support and service the area of the proposed subdivision.
      (2)   The applicant for a subdivision of land into 50 lots or greater shall, at the request of the Plan Commission, submit sufficient information and data in the form of a fiscal impact analysis on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of the subdivision.
      (3)   Public facilities and services to be examined for adequacy will include roads, sanitary sewer service, water service, schools and public safety services.
   (F)   Developer responsibility.  The developer has the duty of compliance with reasonable conditions laid down by the Plan Commission for design, dedication, improvement and restrictive use of the land to conform to the physical and economic development of the city and to the health, safety and general welfare of the future lot owners in the subdivision and of the community at large.
   (G)   Lebanon Construction Standards incorporated by reference.
      (1)   The Lebanon Construction Standards Manual, Ordinance 99-4 as amended, herein referred to as the Lebanon Construction Standards, shall be in full force and effect and are hereby incorporated herein by reference. The text shall supersede drawings and images.
      (2)   Where discrepancies occur between the written text of this section and the Lebanon Construction Standards, as amended, the Lebanon Construction Standards with their respective notes shall supersede the written text of this section.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
   Subdivision Control Procedures - Major Subdivisions, for procedures for primary and secondary plats, see Title XV. § 9.19
§ 8.3  EXEMPTIONS.
   The following administrative subdivisions of land are exempt from this chapter of the unified development ordinance subject to the specifications described for each. All exempt divisions shall be recorded through metes-and-bounds legal descriptions in the office of the County Recorder:
   (A)   Legal description correction.  A division of land for the transfer of a tract or tracts to correct errors in an existing legal description, provided that no additional building sites are created, and no additional public improvements are required or created;
   (B)   Right-of-way acquisition.  A division of land for the federal, state or local government to acquire right-of-way; and
   (C)   Transfer between adjoining property owners. A division of land for the transfer of a tract or tracts between adjoining lots provided that:
      (1)   No additional building sites are created;
      (2)   No nonconforming lots are created; and
      (3)   No additional public improvements are required or created by the subdivision.
(Ord. 07-16, passed 12-10-2007)
§ 8.4  WAIVERS.
   (A)   General provisions.  Where the Plan Commission finds the following, it may grant waivers from the subdivision standards as set forth and in accordance to the procedures in § 9.24:
      (1)   Extraordinary hardships or practical difficulties may result from strict compliance with these regulations; or
      (2)   The purposes and intent of these regulations may be served to a greater extent by an alternative proposal.
   (B)   Conflict of authority.  No waiver of the provisions of this article shall conflict with the powers and duties of the Board of Zoning Appeals. The Board of Zoning Appeals does not have the authority to hear or grant requests for waivers to the regulations of this article of the unified development ordinance.
(Ord. 07-16, passed 12-10-2007)
§ 8.5  LAND DEVELOPMENT PRINCIPLES.
   (A)   General.  The standards contained in this section shall apply to all subdivisions. Subdivisions shall be designed with consideration given to the topography of the land and other natural characteristics of the site and surrounding property.
   (B)   Land suitability.  If the Commission finds that the property requested to be subdivided is unsuitable for development because of flooding, topography, inadequate water supply, inadequate sewage disposal or other conditions which may endanger health, life or property, the Plan Commission shall not approve the land for subdivision.
   (C)   Criteria.  As a minimum, the Plan Commission is empowered to approve the subdivision of land only after it finds that the land meets the following criteria.
      (1)   Steep slopes.  Each lot shall contain a contiguous land area so as to provide a building site that is relatively stable. The soil survey of the county shall be used to determine steep slopes.
      (2)   Water bodies.  Each lot shall contain a contiguous land area providing a suitable building site which is at least 75% of the minimum lot size established by the zoning ordinance. The remaining 25% of the required minimum lot size may contain permanent or seasonal water bodies.
      (3)   Sewage disposal.  Each lot shall be connected to the public sewer system.
      (4)   Water service.  Each lot shall be connected to the public water system.
      (5)   Flood hazards.  Each lot will contain enough land which is not located in a floodway as defined by the zoning ordinance to accommodate the permitted use(s) of the property. The Plan Commission shall review all proposed subdivisions to determine whether the subdivision lies in a flood-prone area, as defined in Chapter 11. If the Plan Commission finds the subdivision to be so located, the Plan Commission shall forward pertinent plans and materials to the State Department of Natural Resources (IDNR) for review and comment. The Plan Commission may require appropriate changes and modifications in order to assure the following: it is consistent with the need to minimize flood damages; all public utilities and facilities such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and adequate drainage is provided so as to reduce exposure to flood hazards.
(Ord. 07-16, passed 12-10-2007)
§ 8.6  STANDARDS FOR SURVEYS AND PREPARATION OF PLATS.
   (A)   All surveys shall be conducted and plats prepared in accordance with the state survey standards adopted by the State Society of Professional Land Surveyors and any amendments thereto. In the event of any difference between the State Survey Standards and this article, the stricter requirement shall apply.
   (B)   All plats submitted for approval shall be prepared by or under the supervision of a professional land surveyor or professional engineer licensed in compliance with the laws of the state. All drawings shall be neat, legible, reproducible, reducible and drawn on a permanent material. Concept plans are excluded.
(Ord. 07-16, passed 12-10-2007)
§ 8.7  MONUMENTS AND MARKERS.
   (A)   Placement.  Monuments and markers shall be placed so that the center of the pipe or marked point shall coincide exactly with the intersection of lines to be marked, and shall be set so that the top of the monument or marker is level with the finished grade.
      (1)   Monuments shall be set:
         (a)   At the intersection of lines forming angles in the boundary of the subdivision, provided that not more than eight monuments shall be required; and
         (b)   At the intersection of street property lines. Not more than one monument shall be required at an intersection.
      (2)   Markers shall be set:
         (a)   At the beginning and ending of all curves along street property lines;
         (b)   At all points where lot lines intersect curves, either front or rear;
         (c)   At all angles in property lines of lots; and
         (d)   At all other lot corners not established by a monument.
   (B)   Composition.  Monuments shall be of stone, pre-cast concrete or concrete poured in place with minimum dimensions of four inches by four inches by 30 inches, set vertically in place. They shall be marked on top with an iron or copper dowel set flush with the top of the monument, or deeply scored on top with a cross. Markers shall consist of iron pipes or steel bars at least 30 inches long, and not less than five-eighths inch in diameter.
(Ord. 07-16, passed 12-10-2007)
§ 8.8  STREET STANDARDS.
   (A)   Intent.  The street and alley layout shall provide adequate vehicular and pedestrian access to all lots and parcels of land within the subdivision. Streets shall conform to the following principles and standards and the Lebanon Construction Standards, as amended.
   (B)   Specification standards incorporated by reference.  The Standard Specifications for Road and Bridge Construction and Maintenance, latest issue, of the State Highway Commission of the state, shall be in full force and effect and are hereby incorporated herein by reference. The text shall supersede drawings and images. References within this section refer to the publication, referred to hereinafter as Standard Specifications.
   (C)   General layout.
      (1)   Gradient.  Proposed streets shall be sited to conform to the contour of the land as best as possible so as to produce usable lots and streets of reasonable gradient.
      (2)   Interconnectivity.
         (a)   Generally.  Residential street systems shall be designed to maximize vehicular connections. Wherever possible, proposed streets shall be extended to the boundary line of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity.
         (b)   Street interconnectivity.  In all developments there shall be a plan for vehicular connections into undeveloped tracts or parcels of land. Streets designed for future extensions shall have public rights-of-way platted to the developer’s property line so as not to create future right-of-way takings or purchases upon extension. A barricade shall be constructed on the extension to prevent accidental passage into undeveloped areas. Refer to the Center Township thoroughfare plan.
      (3)   Extension of adjacent streets.  Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley to the prescribed width shall be platted within the proposed subdivision.
      (4)   Access to primary circulation system.  Residential street patterns shall provide reasonable direct access to the primary circulation system. Residential driveways within subdivisions shall access an internal approved street network. No driveway access to individual lots within major residential subdivisions shall be permitted from arterial streets.
      (5)   Conflict with efficiency of bordering arterial routes.  Local circulation systems and land development patterns shall not conflict with the efficiency of bordering arterial routes.
      (6)   Right-of-way widths.  Widths of arterial, collector and local streets shall conform to the widths set forth in the thoroughfare plan. In subdivisions that adjoin or include existing streets that do not conform to the minimum right-of-way dimensions as established by the thoroughfare plan, the subdivider shall dedicate additional width along either one or both sides of the streets of inadequate width so as to be in conformance, provided the area to be used for widening is owned by the subdivider or under his or her control.
   (D)   Street geometry.
      (1)   Intersection of centerlines.  The centerlines of streets should intersect as nearly as possible at right angles. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet prior to the intersection.
      (2)   Property line corners at intersections of streets and alleys.  At intersections of streets and alleys, property line corners shall be rounded by arcs of at least a 15 feet radii or by chords of the arcs.
      (3)   Property line corners at intersections of streets.  At intersections of local or collector streets, the minimum curb return radius shall be 20 feet. The desirable radius is 25 to 30 feet. The minimum curb radius on arterial streets and in the PBI and ID Districts shall be 30 feet, except where traffic conditions warrant a smaller radius.
      (4)   Increase in radius of intersection arc.  If the smaller angle of intersection of two streets is less than 60 degrees, the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Plan Commission.
      (5)   Intersection of more than two streets at one point.  Intersections of more than two streets at one point shall be avoided.
      (6)   Minimum centerline offsets for street jogs.  Street centerline offsets of less than 125 feet shall not be permitted.
      (7)   Specific street standards.
         (a)   Centerline minimum radius.  Curvature measure along the centerline shall have a minimum radius as follows:
 
Local streets
100 feet
Minor arterials
300 feet
Principal arterials
500 feet
Urban collectors
200 feet
 
         (b)   Tangent between reverse curves.  Between reverse curves on arterial streets, there shall be a tangent of not less than 100 feet; and on feeder and residential streets, the tangent shall be not less than 40 feet.
         (c)   Maximum grades of streets.  Maximum grades for streets shall be as follows:
            (1)   Principal and minor arterials, not greater than 6%; and
            (2)   Urban collectors, local streets and alleys, not greater than 8%.
   (E)   Street construction standards.
      (1)   Construction and materials.
         (a)   Streets (and alleys where provided) shall be completed to grades shown on plans, profiles and cross-sections, provided by the subdivider, prepared by a registered professional engineer and approved by the Commission.
         (b)   The street shall be graded, surfaced and improved to the dimensions required by the cross-sections, and the work shall be performed in the manner prescribed in the Standards Specifications.
         (c)   The street surface shall be of portland cement concrete or a flexible pavement, such as asphalt, and shall be constructed in accordance with design characteristics at least equal to those given below. Pervious concrete surfaces may also be used upon approval by the Administrator and the TAC.
            (1)   Rigid type pavement (plain cement concrete).
               a.   Minimum design characteristics shall be as follows:
 
Table 8.2: Pavement Design Characteristics
Principal and Minor Arterials
Urban Collectors
Local Streets and Alleys
Controlled wheel load
11,000 lbs.
8,000 lbs.
6,000 lbs.
Concrete*
   Thickness
8 inches
7.5 inches
6 inches
   Granular leveling-base
3 inches
3 inches
3 inches
* Uniform design (plain cement concrete: 550 psi or 6 bag concrete)
 
               b.   Subgrade shall be moist but not muddy at the time the concrete is placed. If required, it shall be saturated with water the previous night or not less than six hours prior to the concrete placement. If it subsequently becomes too dry just prior to placing concrete, it shall be sprinkled, but the method of sprinkling shall be so that mud or pools of water will not be formed. Plain cement concrete pavement shall be in accordance with the Standard Specifications, or any subsequent amendments thereto.
               c.   Materials shall comply with the Standard Specifications or any subsequent amendments thereto. Size No. 2 (U) coarse aggregate will not be required. Cement content shall be six bags per cubic yard of concrete mixture. Concrete shall be machine finished except on widened portions, intersections or other places where hand finishing will be permitted if authorized.
               d.   Weakened plane or dummy transverse contraction joints shall be placed, not to exceed 20-foot spacing. Transverse contraction joints may be either formed or sawed dummy groove, ribbon or pre-molded strip type. When transverse joints are to be formed by sawing, care must be taken to saw the grooves soon after placing the concrete to prevent the formation of cracks due to contraction of the slab. All transverse joints shall be sawed eight hours after the placing of the concrete unless authorization is given for sawing at a later time. One of the above named joints shall be placed at every catch basin and manhole in line of pavement. The location of manholes and the like in the pavement shall determine the exact location of joints. All joints must extend throughout side strips to full width of pavement. Dowel bars will not be required except where shown on the plans. Transverse expansion joints, with approved dowel bar assembly, shall be placed at intersections and where shown on the plans. Whenever the width between forms of the pavement under construction is greater than 13 feet, longitudinal joints shall be constructed so as to divide the pavement into strips not to exceed 13 feet each. This may be accomplished by constructing a slot or groove as herein described for dummy contraction joints, or by a deformed metal key plate installed prior to the depositing of the concrete. Finishing machines or vibrating strike boards of design other than as specified in the Standard Specification will be permitted only if work of equal quality as set out in these specifications is obtained.
               e.   Curing with approved impervious membrane or sealing compounds will be permitted, if authorized.
            (2)   Flexible type pavement (asphaltic surface).
               a.   Minimum design characteristics.  Minimum design characteristics shall be as follows:
 
Table 8.3: Flexible Type Pavement Characteristics
Principal and Minor Arterials
Urban Collectors
Local Streets and Alleys
Binder - course
3 inches
2 inches
2 inches
Bitunimous - base
12 inches
12 inches
10 inches
Controlled wheel load
11,000 pounds
8,000 pounds
6,000 pounds
Granular - leveling base
6 inches
1 inch
1 inch
Surface - course
1 inch
1 inch
1 inch
 
               b.   Subbase material.  Subbase material shall meet the requirement for granular base below. Construction shall follow the procedure specified in the Standard Specifications, or any subsequent amendments thereto. Special subbase drainage in areas of cuts and swales shall be as set out in the satisfactory plans and specifications.
               c.   Granular base courses.  Granular base courses shall be of waterbound macadam base materials and methods conforming to the requirements of the Standard Specifications, or any subsequent amendments thereto.
               d.   Bituminous base courses.  Bituminous base courses shall confirm to the requirements of the Standard Specifications.
               e.   Surface courses.  Surface courses shall consist of a surface and a binder as set out below. Material and method shall conform to cited standards below.
               f.   Binder course. Material and methods shall conform to the requirements of the Standard Specifications, or any subsequent amendments thereto.
               g.   Surface course.  Material and methods shall conform to the requirements of the Standard Specifications, or any subsequent amendments thereto.
         (d)   The subgrade shall be prepared in compliance with the Standard Specifications or any subsequent amendments thereto.
      (2)   Subsurface drainage.
         (a)   Generally.  Prior to placing the street and all surfaces, adequate subsurface drainage for the street shall be provided by the subdivider. Subsurface drainage pipe, when required, shall be aluminum or coated corrugated pipe or a similar type not less than 12 inches in diameter approved by the Commission.
         (b)   As-builts.  Upon the completion of the street and alley improvement, plans and profiles as built shall be filed with the Commission. (See § 9.22.)
      (3)   Shoulders, side slopes and ditches.
         (a)   All shoulders, side slopes and ditches shall be prepared in accordance with the Standard Specifications or any subsequent amendments thereto, and construction plans required to be submitted by the applicant.
         (b)   All shoulders, side slopes and ditches shall be protected from erosion by various erosion control materials, such as groundcover or native grasses, which slow the velocity of and filter runoff, as set forth in the Standard Specifications, and are shown on the erosion control plan, which plan shall be a part of the required construction plans to be submitted by the applicant as part of the plat or development plan. The use of sod which requires mowing and chemical applications should be avoided.
         (c)   Side slopes having a grade in excess of two to one shall be protected by accepted erosion control materials in accordance with the Standard Specifications, as amended, or as requested by the TAC or the Administrator, as required on the construction plans to be submitted by the applicant.
         (d)   Ditches having a grade of or in excess of 3% shall have a gutter consisting of vegetative material. Refer to the Lebanon Construction Standards for further details.
      (4)   Intersection visibility.
         (a)   Horizontal visibility on curved streets and vertical visibility on all streets must be maintained along the centerlines as follows:
 
Minor arterials
300 feet
Principal arterials
500 feet
Urban collectors and local streets
150 feet
 
         (b)   The following shall be required as a provision of the restrictive covenants of all secondary plats to which they apply.
            (1)   No sign, fence, wall, hedge, tree or shrub planting which obstructs sight lines and elevations between three and nine feet above the street shall be placed or permitted to remain on any corner lot within the sight visibility triangle as per § 7.2.
            (2)   The same sight line limitations shall apply to any lot within ten feet of the intersection of a street right-of-way line with the edge of the driveway pavement or alley line.
            (3)   No driveway shall be located within 75 feet of the intersection of two street lines.
   (F)   Curb and gutter.
      (1)   General requirements.  Poured concrete curbs and gutters shall be provided on all streets designed as an urban cross-section, and on any other street as specifically required by the Plan Commission at the time of primary plat review. Street side swales for stormwater drainage may be used in rural road cross-sections and with approved conservation/cluster subdivision development.
      (2)   Curb locations.  Where curbs are required, they shall be installed on each side of the street surface and are to be considered as part of the street.
      (3)   Curb design.  The curb and gutter shall be of one of the construction types shown in the Lebanon Construction Standards, and as approved by the Plan Commission, and shall be constructed according to the following specifications.
         (a)   Base.  The base for the curb and gutter shall be well-compacted on the existing base or grade.
         (b)   Minimum specifications.  The minimum specifications shall be as shown in the Lebanon Construction Standards.
         (c)   Gutters and curbs.  All gutters and curbs shall be constructed in conformance with the Lebanon Construction Standards.
         (d)   Gutter grade requirements.  The minimum grade of any street gutter shall not be less than 0.6%.
         (e)   Additional inlets.  Additional inlets shall be required when encroachment of stormwater into the street will disrupt traffic under the ten-year storm design.
         (f)   Inlet grates.  Inlet grates should be depressed slightly below the plane of the gutter to improve removal of runoff water. Inlet grates shall be heavy-duty type and appropriate for bicycle traffic.
      (4)   Not permitted.  Extruded, non-integral asphalt curb shall not be permitted on streets.
   (G)   Private streets.  The use of any private street is specifically discouraged.
      (1)   Construction standards.  All private streets shall comply with all city standards for public street construction. This shall include, but not be limited to, sidewalks, street trees, pavement width and construction standards and drainage.
      (2)   Width.  All private streets shall be included in an easement of width equal to the right-of- way that would be required if the street were public. This easement shall not be counted as a part of any lot for the purpose of that lot meeting the minimum size requirements for the district in which it is located.
      (3)   Gates.  Gates to private streets shall be permitted only when the following criteria are met.
         (a)   Public pedestrian and bike access to and through the site must be provided without obstruction.
         (b)   Minimum of 60 feet of stacking area shall be provided outside the gate. Stacking area cannot be within the right-of-way of a street designated in the Center Township thoroughfare plan.
         (c)   Turnaround area with adequate turning radius must be provided to the design specifications of a passenger vehicle. Turnaround and gate must be located outside of the right-of-way.
         (d)   School bus pick-up area must be provided.
         (e)   Gate and associated structures must be of high quality materials and construction.
         (f)   Emergency response access to the development must be provided and approved by all city public safety departments.
         (g)   Access to other city or county departments must be provided for official business, including but not limited to building inspections, code enforcement inspections and inspections for tax assessment purposes.
         (h)   Power must be supplied to the gates at all times.
   (H)   Street names.  The Plan Commission shall approve all road names at the time of primary plat/preliminary plan approval. No street names may be used which will duplicate, or be confused with, the names of existing streets, unless for special reasons to be considered as exceptions by the Commission. The streets which are logical extensions or continuations of, or obviously in alignment with, any existing streets, either constructed or appearing on any validly recorded plat, shall bear the names of the existing streets. The approved street names shall not be changed unless the same are submitted to the Plan Commission and approved by this Commission in an open public meeting.
   (I)   Cul-de-sacs.
      (1)   All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter as set forth below and in the Lebanon Construction Standards, or other arrangement for the turning of all vehicles conveniently within the right-of-way.
      (2)   Cul-de-sacs shall not exceed 600 feet in length measured along the centerline from its intersection with the centerline of another street to the center of the turn-around right-of-way.
      (3)   The minimum pavement and right-of-way radius and other design features of all cul-de-sacs shall be consistent with Table 8.4: Cul-de-sac Design Standards.
      (4)   The minimum radius of a cul-de-sac street shall be as specified in the table below.
      (5)   Parking shall not be permitted on a cul-de-sac with a pavement radius of 50 feet or less.
Table 8.4: Cul-de-sac Design Standards
Design Standard
(all measurements in feet)
Residential Street
Nonresidential Street
Urban
Rural
Urban
Rural
Table 8.4: Cul-de-sac Design Standards
Design Standard
(all measurements in feet)
Residential Street
Nonresidential Street
Urban
Rural
Urban
Rural
Curb requirement
Vertical/rolled
Vertical/rolled
Maximum grade
7%
7%
5%
5%
Minimum grade
0.6%
0.6%
0.6%
0.6%
Right-of-way radius
60
60
60
60
Sidewalk width
1- and 2-family: 5 feet
Multifamily: 5 feet
Commercial: 6 feet
Industrial: 5 feet
Street pavement radius
50
50
50
50
Street/sidewalk separation
5 foot min.
5 foot min.
 
   (J)   Frontage/service road.  Where a subdivision borders on, or contains an existing or proposed interstate or other limited access highway or arterial road as shown on the thoroughfare plan or a railroad right-of-way, the Plan Commission may require a street approximately parallel to, and on each side of the right-of-way, at a distance suitable for the appropriate use of the intervening land.
      (1)   The distances shall be determined with due regard for the requirements of approach grades and future grade separations.
      (2)   The Plan Commission may require that the intervening land strips be dedicated to the city or to a lot owner’s association for the subdivision in which they are located.
   (K)   Half streets.  Half streets shall be prohibited. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be planned within the tract.
   (L)   Dead-end streets.  The arrangement of streets shall provide for the continuation of streets between adjacent properties when a street is proposed to be and should logically be extended but is not yet constructed. An adequate easement for turn-around shall be provided for any temporary deadend street which extends 150 feet or more in length. A barricade and signs indicating “Dead End” shall be erected at the terminus of the street. The easement shall be automatically vacated to abutting property owners when the dead-ended street is legally extended.
   (M)   Bicycle lanes.
      (1)   All street designs shall consider any applicable bike lane requirements.
      (2)   Where bike lanes are required they shall be designed consistent with AASHTO standards and the requirements of the City Street Department.
         (a)   The minimum width for a two-way off-street path shall be eight feet.
         (b)   On-street bike facilities shall be one-way paths, moving with the direction of traffic on the street. The minimum width for a one-way path shall be four feet.
   (N)   Street lights.  Street lights shall be provided in subdivisions at locations determined by the City Utilities Service Board. The subdivider shall be responsible for the initial purchase and installation of all lights.
      (1)   Placement.  Street lighting shall be provided at all intersections of streets within, and adjacent to, the subdivision and elsewhere as deemed appropriate by the Planning and Zoning Administrator and Lebanon Utilities. Street lights shall be located in the right-of-way, adjacent to the street.
      (2)   Mounting standards.  Street lights in residential subdivisions shall be pole-mounted on standards of non-corrosive metal, fiberglass or wood not to exceed 15 feet in height. Nonresidential subdivision street lights shall not exceed 25 feet in height.
      (3)   Foundations.  Light standards shall be mounted in appropriate concrete foundations.
      (4)   Decorative lighting.  The use of decorative street lighting shall be encouraged.
   (O)   Street identification signs.
      (1)   Street regulatory signs shall be per MUTCD standards or as approved by the City Street Department.
      (2)   The subdivider shall provide street signs at the intersection of all streets. The location and type of sign shall meet the approval of the City Board of Public Works and Safety.
(Ord. 07-16, passed 12-10-2007)
§ 8.9  PEDESTRIAN NETWORK STANDARDS.
   (A)   Sidewalk layout.
      (1)   Location.
         (a)   Generally.  Sidewalks shall be provided on both sides of all streets. Sidewalks shall completely encircle the turn-around of any cul-de-sac.
         (b)   Exception.  Sidewalks need only be provided on one side of a frontage road adjacent to the developed parcels.
      (2)   Width.  Sidewalks in single-family, two-family or multifamily housing developments shall be a minimum of five feet in width. Sidewalks in commercial areas shall be a minimum six feet in width, and sidewalks in industrial areas shall be a minimum of five feet in width.
      (3)   Street/sidewalk separation.  Where possible, sidewalks shall be separated from the back of curb of the adjacent road by a minimum width of five feet. All areas between the back-of-curb and sidewalk, that are not used for accessing individual properties from the street, shall be planted and maintained landscaped areas.
      (4)   Pedestrian/multi-use paths.  Pedestrian paths, when provided, shall be a minimum of eight feet in width. They shall be constructed of four-inch thick asphalt on an appropriately compacted base and shall meet any additional requirements in the Lebanon Construction Standards.
      (5)   Transitions.  Sidewalk width transitions shall occur only at street intersections. The widest required sidewalk shall be provided for the entire length of the block, regardless of the use of individual lots.
      (6)   Slope.  The surface of any sidewalk, when completed, shall have a sufficient slope to drain adequately and as specified in the Lebanon Construction Standards.
   (B)   Sidewalk construction.  Sidewalks and pedestrian paths shall be constructed consistent with the following requirements.
      (1)   Sidewalks.  Sidewalks shall be constructed of portland cement concrete within subdivisions in accordance with the standards of the Lebanon Construction Standards.
         (a)   Joints.  Contraction joints shall be provided a maximum of every six feet, and expansion joints shall be provided for every 48 feet of sidewalk length.
         (b)   Thickness.  Sidewalks shall be a minimum of four inches thick in all locations with a four-inch base of either compacted stone or sand. In instances where sidewalks are crossed by driveways, the sidewalks shall have a minimum thickness of six inches.
      (2)   Pervious pavement.  Pervious pavement type construction for sidewalks and paths may be allowed upon approval from the City Civil Engineer.
   (C)   Sidewalk ADA compliance.  It is the legal responsibility of the developer to assure compliance with the current American with Disabilities Act (ADA), as amended.
      (1)   The developer and/or his or her engineer shall certify compliance with ADA standards to the City Street Department at the time the public improvements are accepted by the city.
      (2)   Rolled curbs are not a substitute for wheelchair ramps and shall not be considered to meet ADA requirements.
      (3)   Ramps are to be located at all intersections, driveways and other transition access points.
      (4)   Ramps shall be constructed using truncated domes or other techniques as specified in the Lebanon Construction Standards.
   (D)   Crosswalks.  Where a sidewalk or pedestrian path crosses a street within or adjacent to a subdivision, safety devices such as painted crosswalks, alternative cross-walk pavement types, crosswalk signs, traffic calming measures or traffic control devices shall be installed. All crosswalk treatments shall be subject to the approval of the City Street Department.
   (E)   Use of easements.  Easements of at least ten feet in width shall be provided for sidewalks that, due to topography or other site features, are not completely included in public right-of-way adjacent to a street. Sidewalks and pedestrian paths that link common areas, public sites or natural features as part of any subdivision’s open space design shall be included as subdivision common area or easement on private property.
(Ord. 07-16, passed 12-10-2007)
§ 8.10  BLOCK STANDARDS.
   (A)   Block length and width or acreage within bounding streets shall be such as to accommodate the size of lot required in the area by the zoning code and to provide for convenient access, circulation control and safety of street traffic. Blocks that are unreasonably large or small will not be approved.
   (B)   The maximum block length shall be 1,200 feet or no more than 12 times the lot width permitted in the applicable zoning district, whichever is shorter. Block length shall be measured as the distance between intersecting streets.
   (C)   Residential blocks shall be of sufficient depth to accommodate two  tiers of lots of minimum depth, except where reverse or double frontage lots bordering a freeway, arterial street or floodplain are used.
   (D)   In the design of blocks longer than 800 feet, the Commission may specify the provision of pedestrian crosswalks near the center, or wherever most useful to facilitate pedestrians circulation, utilities or drainage.
(Ord. 07-16, passed 12-10-2007)
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