(A) The subdivision layout shall be of such a character that it protects the health, safety, and general welfare of the residents in the jurisdiction of the Plan Commission.
(B) Whenever a proposed subdivision borders an existing street, the Commission may require improvements of such street as a condition of plat approval. Additional dedication of right-of-way may also be required.
(C) In designing and approving subdivision streets, the following factors shall receive consideration:
(1) Accessibility for emergency vehicles and school buses;
(2) Safety for both vehicular and pedestrian traffic;
(3) Efficiency of services for all users;
(4) Livability or amenities as affected by traffic elements in the circulation system; and
(5) Economy of both construction and use of land.
(D) No two homes on any given street or cul-de-sac within 250 feet of one another shall have the same or relatively the same front design. The determination of “relatively the same front design,” if in question, shall be determined by vote of the Commission. The Commission shall have the authority to waive this section for subdivisions involved in the construction of villaminiums.
(E) The Commission may waive the requirement that a street be dedicated to the public and approve a private street in a subdivision provided all of the following conditions are satisfied.
(1) 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 Commission to clearly state of record each of the following provisions.
(a) The town shall never be obligated to accept a public dedication, deed, or any other conveyance of such private street.
(b) The town shall never be obligated to maintain or repair the street.
(c) 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.
(d) The subdivision’s community association and all owners of lots in the subdivision shall jointly and severally indemnify and hold harmless the town, the Town Council, the Plan Commission, the Zoning Administrator, and their officers and agents 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.
(e) While the use of a private street may be restricted to owners of lots in the subdivision, or their invitees and licensees, an express easement shall be granted to public and quasipublic agencies for use of such streets by emergency, utility, and school vehicles and personnel, and for any other purpose the Commission reasonably believes is necessary or appropriate.
(2) Title to each private street in the subdivision shall be properly conveyed by warranty deed to the subdivision’s community association.
(3) Evidence of the legal formation of the subdivision’s community association shall be recorded.
(4) Unless waived or modified by the Commission, a private street shall be constructed and inspected in such a manner as to satisfy the requirements of § 151.095 of this chapter.
(5) A maintenance bond, 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 Commission finds such a bond necessary.
(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 Capital Improvement Plan of the town, including all public facilities, open space, and recreation plans, as adopted;
(4) The rules and regulations of the Indiana Department of Environmental Management, the Department of Natural Resources, Aeronautics Commission, Allen 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; and
(7) The “Indiana Manual of Uniform Traffic Control Devices” (or its replacement) for installation of traffic control devices.
(Ord. passed - - )