(A) Purpose and use.
(1) The following divisions of this section state the design standards for all subdivisions. Each division is broken down into specific categories. These categories include:
(a) General standards - division (B);
(b) Lot standards - division (C);
(c) Block standards - division (D);
(d) Street location and arrangement standards - division (E);
(e) Street geometric standards - division (F);
(f) Cul-de-sac standards - division (G);
(g) Curb and gutter standards - division (H);
(h) Sidewalk standards - division (I);
(i) Street lighting standards - division (J);
(j) Subdivision and street name standards - division (K);
(k) Easement standards - division (L);
(l) Public sites and open space standards - division (M);
(m) Street tree standards - division (N);
(n) Sanitary sewer standards - division (O);
(o) Water supply standards - division (P);
(p) Private utility standards - division (Q);
(q) Environmental standards - division (R);
(r) General drainage standards - division (S);
(s) Covenant standards - division (T);
(t) Flood hazard area standards - division (U).
(2) The purpose of these regulations is to:
(a) Promote the proper arrangement of roads;
(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; and
(g) Protect the health, safety, and general welfare of the people.
(B) General standards.
(1) No land shall be subdivided for any use if the land is considered by the Plan Commission to be unsuitable for such use by reason of flooding or improper drainage, or objectionable earth or rock formations, topography or other features harmful to the health, safety and welfare of future residents or visitors and by the community as a whole.
(2) 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.
(a) 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.
(b) The Plan Commission may 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.
(3) 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.
(4) No parent tract (defined in § 155.192(B)(1)) which includes more than six lots (including the remaining tract) shall be permitted unless public sewer and water systems are available and will be used by all lots to be created and any remaining tract.
(5) In addition to the requirements established herein, all subdivision plats shall comply with the following rules, laws, and regulations:
(a) The local zoning code, building and housing codes, and all other applicable laws of the town and the statutory provisions of the State of Indiana;
(b) The current Comprehensive Plan and Thoroughfare Plan as adopted by the Town Council;
(c) The rules and regulations of the Indiana Department of Environmental Management, the Department of Natural Resources, the Aeronautics Commission, the County Drainage Board, and other appropriate agencies;
(d) The rules, regulations and standards of the Indiana Department of Transportation (if the subdivision or any lot contained therein abuts a state highway);
(e) All applicable planning and regulatory guidelines, including access control, driveway manuals, parking and traffic control codes, and other applicable guides published or adopted by the town;
(f) The Indiana Manual of Uniform Traffic Control Devices for placement and installation of traffic control devices.
(6) All subdivisions shall be designed on state plane coordinates.
(C) Lot standards.
(1) All lot sizes, setbacks, widths, width to depth ratios, and other dimensions shall comply with the minimum standards provided by the Land Use and Development Code.
(a) When not served by public water and sewer, the lot sizes and other dimensions shall also conform with any additional requirements for the adequate provision of sewage treatment and water supply as determined by the County Health Department.
(b) In cases where the provisions of the zoning code and requirements of the Health Department are in conflict, the more restrictive shall apply.
(2) Side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this requirement is permissible, but irregular lots, such as flag lots shall be avoided.
(3) The lot size, width, depth, shape, grade, location, and orientation shall be in proper relation to the street and block design and to existing and proposed topographical conditions.
(4) Every lot shall abut on a public street consistent with the requirements of this subchapter and the Land Use and Development Code.
(5 ) Double frontage lots (also known as through lots, shown below) shall be avoided except where essentia l to provide separat ion of residen tial develop ment from traffic arterials or to overcome specific disadvantages of topography and orientation.
(a) For all through lots, a landscaped common area shall be provided between the rear yard of the lots and the right-of-way of the adjacent street.
(b) The landscaped area shall be a minimum of 15 feet in width and meet the following requirements:
1. A row of deciduous canopy trees shall be planted parallel to the adjacent street, within the common area with trees placed an average of 20 feet apart. The trees shall measure two and one half inches in diameter at nursery height (six inches above the root ball) at the time of planting.
2. A six-foot tall opaque wooden fence or brick or stone wall, a four-foot tall undulating mound planted with shrubs, or a row of evergreen trees shall be placed within the landscape common area between the deciduous trees and the rear yard of the lots.
a. If an undulating mound is used to fulfill the requirements, one shrub for every ten feet of continuous boundary shall be planted on the mound. All required shrubs shall measure 18 inches in height measured from grade at the time of planting.
b. If a row of evergreen trees is used to meet the requirements, one tree shall be placed every ten feet long the common area. Evergreens shall measure six feet in height at the time of planting.
(6) Corner lots shall be required to provide front yard setbacks on both frontages, and shall be designed with adequate size and width to accommodate the required setbacks and adequate buildable area.
(7) Lots shall be numbered consecutively throughout the entire subdivision and shall be consistent with any phasing that may be planned for the development.
(8) Lots abutting a watercourse, drainage way, channel, stream, or flood plain shall have additional minimum width or depth as required to provide an adequate building site and afford the minimum usable area required by the zoning code from front, rear, and side yards.
(9) Direct vehicular access from lots to arterial streets shall be prohibited. Lots in all developments shall generally be designed so as to prevent vehicles from having to back into any collector street. All nonresidential lots (including multifamily residential lots) shall generally be designed so as to prevent vehicles from having to back into any public street.
(D) Block standards.
(1) Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth. Exceptions to this prescribed block width shall be permitted where reverse or double frontage lots are used in blocks adjacent to arterial or collectors streets, watercourses, or industrial or commercial areas.
(2) Block length, width, and acreage within bounding streets shall be such as to accommodate the size of lot required by the zoning code for the district in which the subdivision is to be located, and to provide convenient access, circulation control, and safety of street traffic.
(3) Blocks shall not exceed 800 feet in length, nor be less than 300 feet in length. In the case of a block exceeding 400 feet in length, a pedestrian sidewalk a minimum of five feet in width shall be provided within an easement not less than ten feet in the width near the center and entirely across the block to provide circulation or access to schools, playgrounds, common open space, shopping centers, transportation and other community facilities.
(a) The sidewalks shall be constructed consistent with the sidewalks construction standards provided in § 155.196.
(E) Street location and arrangement standards.
(1) General requirements. The arrangement, character, extent, width, grade and location of all streets shall be correlated to existing and planned streets, existing topography, public convenience and safety, and the proposed uses of the land to be served by such streets.
(a) Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.
(b) The street layout shall provide adequate vehicular access to all lots and parcels of land within the subdivision.
(2) Design considerations. In designing and approving subdivision streets, the following factors shall receive consideration:
(a) Accessibility for emergency vehicles and school buses;
(b) Safety for both vehicular and pedestrian traffic;
(c) Efficiency of service for all users;
(d) Connectivity between subdivisions and the development of complete communities;
(e) Liabilities or amenities as affected by traffic elements in the circulation system; and
(f) Economy of both construction and use of land.
(3) Thoroughfare Plan application. All proposed subdivisions shall conform to the current Thoroughfare Plan adopted by the Town Council. Whenever any tract to be subdivided embraces any part of the Thoroughfare Plan, that part of the public way shall be platted by the subdivider in the location and of the width recommended by the Thoroughfare Plan.
(4) Street arrangement. The arrangement of streets in all subdivisions shall promote the continuation of existing streets, proposed future streets, and streets to be provided as a result of the subdivision construction.
(a) Continuation of existing and proposed streets. The arrangement of streets in all subdivisions shall provide for the continuation and projection of existing and proposed streets on immediately adjacent properties and in surrounding areas generally, or conform to a street plan of the general area approved and adopted by the Plan Commission.
(b) Continuation of subdivision streets.
1. Right-of-way of proposed streets shall be extended to the boundary lines of the proposed subdivision so that either:
a. At least one connection may be made to each adjacent undeveloped property; or
b. At least one connection may be made for every 1,600 feet of property line shared between the subdivision and adjacent undeveloped property. In cases where these provisions are in conflict, that which provides the most points of connectivity shall apply.
2. The Plan Commission may waive this requirement in cases where the Commission deems that any such extension is not feasible due to topography or other physical conditions, or the extension is not necessary or desirable for the coordination of existing and future streets or not appropriate for the development of adjacent property consistent with the Comprehensive Plan.
3. No subdivision shall be designed so as to create or perpetuate the land-locking of any adjacent undeveloped tract.
(b) Temporary dead-end streets. A temporary dead-end street shall be permitted in any case in which a street is designed to be extended to adjacent properties in the future.
1. Any dead-end street which extends more than one lot in length shall be provided with a temporary cul-de-sac or other turn-around consistent with the requirements of the Town Engineer.
2. Any temporary turn-around shall be included in a roadway easement which shall be vacated to the property owners at the time the street is extended or the Town Council, upon recommendation of the Town Engineer and Planning Director, determines that the turn-around is no longer needed.
3. All temporary dead-end streets shall be provided with street signage that indicate the road as being a dead end. The subdivider shall assume all costs of the installation of the signs.
(5) Traffic separation requirements. Where a subdivision abuts or contains an existing or proposed arterial or collector street as shown in the Thoroughfare Plan, the Plan Commission may require:
(a) Marginal access streets;
(b) Reverse frontage contained in a non- access reservation along the rear property line having a minimum width of five feet;
(c) Lots with rear service ways; or
(d) Any other such other treatments as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(6) Service road requirements. 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 (such as for park purposes in residential districts).
(a) Such distances shall be determined with due regard for the requirements of approach grades and future grade separations.
(b) The Plan Commission may require that the intervening land strips be dedicated to the Town of Lowell or to a lot owners association for the subdivision in which it is located. The land strip shall be maintained by the involved government unit or lot owners association from the date of any such dedication.
(7) Half-streets. Half-streets shall be prohibited. Whenever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within the tract.
(8) Improvement of existing streets. Whenever a proposed subdivision borders or includes an existing street, the subdivider shall, as a condition of plat approval, reconstruct or widen such street, install curbs and sidewalks, and install any other improvement consistent with the requirements of this subchapter for new streets developed as a part of the subdivision.
(a) Additional dedication of right-of-way shall be required consistent with the adopted Thoroughfare Plan.
(b) Except for situations where a passing blister is required at the entrance to a subdivision, this provision shall not be interpreted as requiring the acquisition and dedication of right-of-way or the completion of improvements extending onto property on the opposite side of a street adjacent to the subdivision, where such property is not included in the street right-of-way and not owned or otherwise controlled by the subdivider.
(9) Access requirements. Subdivisions of 20 lots or less shall be limited to one point of access onto any arterial or collector road. For subdivisions of greater than 20 lots, two or more streets, driveways, or points of vehicle access may be approved or required by the Plan Commission if such accesses are determined by the Plan Commission to be required for safe and efficient traffic circulation or the continuation of existing streets, or are otherwise recommended by the Thoroughfare Plan.
(10) Private streets. Private streets shall be prohibited.
(a) In no case shall this be interpreted as being in conflict with the shared drive requirements of § 155.192.
(b) When there is a situation of unusual physical conditions or a controlled design environment in evidence, and it can be satisfactorily demonstrated to the Commission that a waiver of the public street requirement, and the provision of a private street, is the only feasible solution, said private street may be permitted and shall be equal in all aspects of construction to like-classified public streets, including pavement section and width.
1. A road way easement shall be provided which equates the right-of way requirements for like classified public streets.
2. Required setbacks from the private street roadway easements shall be equal to those which are required from the rights-of-way of like-classified public streets.
3. Street lights, curbs and gutters, and sidewalks shall be provided for all private streets consistent with the requirements for like-classified public streets.
4. Adequate covenant provisions shall be made for direct responsibility and control by the property owners involved to provide for the perpetual operation, liability, and maintenance of said private streets at no expense to any current or future governing jurisdiction.
(F) Street geometric standards.
(1) General requirements. The classification of all streets shall be defined by the Thoroughfare Plan. The Plan Commission shall assign a classification, based on the provisions of the Thoroughfare Plan, to all proposed streets at the time of preliminary plat review and approval.
(2) Street measurement. Street width shall be measured from back of curb to back of curb.
(3) Intersection requirements. Street intersections shall be designed to promote the maintenance of the sight visibility triangle requirements of the Land Use and Development Code and shall be consistent with the following additional requirements;
(a) Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than 80 degrees shall not be acceptable. All streets shall intersect at 90 degrees whenever possible and maintain the 90-degree orientation for a minimum distance of 100 feet in residentially used and/or zoned areas and a distance of 300 feet in non-residentially zoned or used areas.
(b) Not more than two streets shall intersect at any one point, unless specifically required to promote efficient and safe traffic movement or in response to a recommendation of the Thoroughfare Plan.
(c) Proposed new intersections along one side of an existing street shall, whenever practicable, coincide with any existing or proposed intersection on the opposite side of such street. Street jogs with center line offsets of less than 200 feet shall not be permitted.
(d) Local street intersections shall be rounded by radii as described in division (F)(7) below. The stated minimum radii shall be increased as required by the Town Engineer when the angle of street intersection is less than 90 degrees, and/or where necessary to accommodate a school bus or emergency vehicle.
(e) Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a 2% grade at a distance of 100 feet in either direction, measured from the center line of the intersecting street.
(f) At the intersection of any proposed local road with any existing street, acceleration and deceleration lanes, and passing or left turn lanes may be required by the Plan Commission and/or Town Engineer.
(4) Reverse curve requirements. A tangent of at least 200 and 150 feet long shall be introduced between reverse curves on arterial and collector roads, respectively. All local roads shall have a tangent at least 100 feet long on reverse curves.
(5) Sight distance requirements. A clear sight distance, measure along the centerline of the road, shall be provided for a minimum 400 feet long all roads with speed limits greater than 45 miles/hour (mph), 300 feet long all roads with speed limits between 30 and 45 mph, and 150 feet long all roads with a speed limits of 30 mph or less.
(6) Vertical grade requirements. The maximum vertical grade shall not a exceed a maximum of 6% for arterial roads, 8% for collector roads, and 8% for local roads. Such maximum grades shall be reduced by 50% on all roads within 200 feet of an intersection with another street or a railroad.
(7) Street geometric design requirements. All streets shall conform to the minimum specifications for design established by the following table based on the classification provided by the Thoroughfare Plan or otherwise assigned by the Plan Commission. All alleys shall have a minimum pavement width of 18 feet and a minimum right-of-way width of 20. All alleys shall be consistent with the construction standards provided in this subchapter for local roads.
Street Design Standards
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Type of Specific ation | Minor Arterial Streets | Collector Streets | Frontage Streets | Local Streets | Cul-de-Sacs | Alleys |
Street Design Standards
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Type of Specific ation | Minor Arterial Streets | Collector Streets | Frontage Streets | Local Streets | Cul-de-Sacs | Alleys |
Right-of-way width (feet) | 80 | 64 | 60 | 60 | 65* | 20 |
Pavement width (feet) | 40 | 30 | 30 | 26 | 48* | 18 |
Pavement width (including curbs and gutters) | 44 | 34 | 34 | 30 | 50 | - - |
Maximum grade | 6% | 8% | 8% | 8% | 8% | 8% |
Minimum grade | 0.5% | 0.5% | 0.5% | 0.5% | 0.5% | 0.5% |
Minimum vertical sight distance | 400 | 300 | 300 | 150 | 150 | 100 |
Minimum stopping sight distance | 400 | 300 | 300 | 150 | 150 | 100 |
Minimum radius of curve | 400 | 200 | 200 | 100 | 100 | 100 |
Minimum tangents between reverse curves | 200 | 150 | 150 | 100 | 100 | 100 |
Minimum corner radius (feet) | 30 | 25 | 25 | 25 | - - | 25 |
*Radius
(G) Cul-de-sac standards.
(1) General requirements. Cul-de-sacs may be permitted by the Plan Commission only in locations where either of the following conditions exist:
(a) The construction of a through street is not possible due to the presence of natural barriers; or
(b) The construction of a through street is not possible due to the presence of an adjacent development which provides no opportunities for connecting any through street.
(2) All cul-de-sacs shall meet the following design requirements:
(a) The maximum length of all cul-de-sacs shall be 300 feet, measured along the centerline from its intersection with the centerline of another street to the center of the turnaround right-of-way.
(b) The minimum pavement radius of all cul-de-sacs shall be 50 feet.
(c) The minimum right-of-way radius of all cul-de-sacs shall be 65 feet.
(d) The intersection of the cul-de-sac street segment and cul-de-sac turn around shall be rounded by a radius of at least 100 feet.
(e) A sidewalk five feet in width shall be provided around the entire turn-around of the cul-de-sac. A ten-foot wide tree lawn shall be provided between the back of curb of the cul-de-sac pavement and the sidewalk.
(f) In no case may an arterial or collector road terminate in a cul-de-sac.
(g) A sidewalk shall be provided between two lots located on the turn-around of the cul-de-sac connecting the sidewalks adjacent to the turn-around with those on adjacent streets and/or within adjacent developments.
1. The sidewalk shall be a minimum of five feet in width and shall be located in an access easement which is a minimum of ten feet in width.
2. The sidewalk shall be constructed consistent with the sidewalks construction standards provided in § 155.196.
3. An association of lot owners in the subdivision shall be responsible for the maintenance of the sidewalk and easement.
(3) Cul-de-sacs shall be distinguished from the shared drives required for administrative subdivisions in § 155.192. Shared private drives shall be permitted serving a maximum of four lots, which are not part of a larger subdivision.
(H) Curb and gutter standards.
(1) General requirements. Poured concrete two foot curbs and gutters shall be provided on all roads. Curbs shall be installed on each side of the street surface and are to be considered as part of the width of the street.
(2) Gutter grade requirements. The minimum grade of any street gutter shall not be less than 0.5%.
(3) Payment in lieu of installation. In extraordinary circumstances, the Planning Director may determine that the installation of curbs and gutters is impossible or illogical. If the Planning Director makes this determination, as an alternative to providing curbs and gutters, a subdivider may make payment to the Town of Lowell Sidewalk/Curb and Gutter Standard Fund equal to 80% of the total cost of the installation of curbs and gutters. The cash contribution in lieu of installing curbs and gutters shall be computed on the basis of the current average cost per linear foot of curb and gutter required.
(a) A subdivider's payment to the Town of Lowell Sidewalk/Curb and Gutter Standard Fund under this section does not obligate the town to install curbs and gutters at any time on the subdivider's property. The subdivider's cash contribution to the Town of Lowell Sidewalk/Curb and Gutter Standard Fund may be used to install curbs and gutters anywhere in the town.
(b) Payment of the cash contribution in lieu of installing curbs and gutters shall release the subdivider from the responsibility to install curbs and gutters at the present time or any time in the future.
(c) If the Planning Director determines that the installation of curbs and gutters is impossible or illogical and the subdivider instead makes payment
to the Town of Lowell Sidewalk/Curb and Gutter Standard Fund, this information shall be included in writing on the recorded plat of the subdivision.
(I) Sidewalk standards.
(1) General requirements. Sidewalks shall be provided on all roads and shall meet the following design standards.
(a) Sidewalks shall be provided on both sides of the road, including completely encircling the turnaround of any cul-de-sac.
(b) Sidewalks shall measure a minimum of five feet in width along all roads in residential, commercial, industrial, and mixed use areas or as directed by the Plan Commission.
(c) Sidewalks shall be separated from the back of curb of the adjacent road by a planting strip which is a minimum of ten feet in width along arterial, collector, and local roads. Generally, the back of the sidewalk shall not be located less than one foot inside of the right-of-way line for the adjacent road.
(d) Smooth transitions (slow tapers) are required if a sidewalk is to be transitioned from one width to another.
(e) The surface of any sidewalk when completed shall have a sufficient slope to drain toward the center of the street.
(2) Asphalt pedestrian paths, rather than concrete sidewalks are permitted when they are a part of a trail system linking common open spaces, public spaces, or natural features. All asphalt paths must be a minimum of eight feet wide and meet the thickness and base requirements of the Town Engineer.
(3) When sidewalks or pathways cross roads within or adjacent to the subdivision, safety devices such as painted crosswalks, alternative pavement types, signs, or traffic signals shall be installed.
(4) Easements of at least ten feet in width shall be provided for sidewalks or pedestrian paths which are not completely included in public right-of-way adjacent to a road. Pedestrian paths and sidewalks which link common areas, public sites, or natural features as part of the subdivision's open space design shall be included in the subdivision's common area, and may not be located within an easement on private property.
(5) Payment in lieu of installation. In extraordinary circumstances, the Planning Director may determine that the installation of sidewalks is impossible or illogical. If the Planning Director makes this determination, as an alternative to providing sidewalks, a subdivider may make payment to the Town of Lowell Sidewalk/Curb and Gutter Standard Fund equal to 80% of the total cost of the installation of sidewalks. The cash contribution in lieu of installing sidewalks shall be computed on the basis of the current average cost per square foot of sidewalk required.
(a) A subdivider's payment to the Town of Lowell Sidewalk/Curb and Gutter Standard Fund under this section does not obligate the town to install sidewalks at any time on the subdivider's property. The subdivider's cash contribution to the Town of Lowell Sidewalk/Curb and Gutter Standard Fund may be used to install sidewalks anywhere in the town.
(b) Payment of the cash contribution in lieu of installing sidewalks shall release the subdivider from the responsibility to install sidewalks at the present time or any time in the future.
(c) If the Planning Director determines that the installation of sidewalks is impossible or illogical and the sub-divider instead makes payment to the Town of Lowell Sidewalk/Curb and Gutter Standard Fund, this information shall be included in writing on the recorded plat of the subdivision.
(J) Street lighting standards.
(1) Street lights shall be provided by the subdivider at all intersections of roads within an adjacent to the subdivision and where necessary to provide continuous lighting on all subdivision streets.
(2) The specific locations of the street lighting shall be determined by the Plan Commission, the Town Engineer, and the Town Council, based on the lighting options made available by the appropriate local electric company.
(3) Street lights shall be located in the right of way, adjacent to the road. The light fixtures shall be located in the planting strip which separates the road pavement from the sidewalk.
(4) All costs related to the installation of the street lighting shall be the responsibility of the subdivider. All costs relating to the use and maintenance of the street lights shall be the responsibility of the lot owner's in the subdivision.
(K) Subdivision and street name standards.
(1) The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the town 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 preliminary plat approval.
(2) Street names shall not duplicate any existing name within the town except where a new street is a continuation of an existing street.
(a) Streets which are designed and/or shall function as the extension of an existing street shall be named consistent with the existing street.
(b) The term
COURT shall be reserved for cul-de-sac streets. The terms PLACE and CIRCLE shall be reserved for circular streets which intersect with another street at two locations and cannot be divided into more than one street.
(c) Street names that may be spelled different but sound the same as existing streets shall not be used.
(d) All street names and addresses are subject to review and approval by the Plan Commission for consistency with the local 911 emergency phone system.
(e) The Town Council shall have final authority to name all streets at the time of acceptance of public improvements.
(L) Easement standards.
(1) General requirements. Adequate areas of suitable size and location shall be provided as utility easements for the conveyance of utility systems to, and within the subdivision. Generally, easements shall be provided in the following manner:
(2) Easements shall be as set forth in the most current edition of the Lowell Town Standards adopted by the Lowell Town Council.
(M) Public sites and open space standards.
(1) General requirements. In all subdivisions that include five or more acres, the subdivider shall be required to plat a minimum of 500 square feet of open space for each dwelling unit. The minimum amount of open space provided shall be one acre. For the purposes of this calculation, a dwelling unit shall be defined as a single-family home, condominium, or apartment/rental unit. As an alternative to providing open space, the equivalent monetary value can be donated to the Town of Lowell Park Improvement Fund. The cash contribution in lieu of land shall be computed on the basis of fair market value of the land to be subdivided. Fair market value of improved land in and surrounding the town is now established at $15,000 per acre for purposes of this section.
(a) Easements, crosswalks, and road frontage to provide public access to the common open space shall be shown on all required subdivision plat drawings.
(b) Easements, roadways, and rights-of-way cannot be considered open space.
(c) All open space shall be usable spaces for normal recreation.
(2) Design requirements. The required open space shall meet the following requirements:
(a) Open space shall be concentrated at a minimum number of sites within each development to provide the maximum amount of usable space.
(b) Common open areas may not include floodplains, detention ponds or other portions of the development which are undevelopable. Common open spaces should be located adjacent to such natural features when they are present in, or adjacent to, the development.
(c) Existing natural features which add value to residential development and enhance the attractiveness of the community shall be preserved in the design of the subdivision and should be incorporated into designated open space.
(d) Common open spaces within each development shall be linked with each other and with existing and future open spaces in adjacent developments through the required sidewalk system or through the use of pedestrian paths.
1. All common open spaces shall have at least ten feet of frontage on a public street which includes sidewalks, and be linked to that sidewalk system by either a sidewalk or pedestrian path.
2. All required common open spaces shall be owned and maintained by the leasing company for tenant-occupied developments and a lot owners association for developments with individually owned dwelling units. In no case may an access easement be substituted for a required common open space.
(e) Common areas being a minimum of ten feet wide, and including a minimum five-foot wide concrete sidewalk or eight-foot wide asphalt trail, shall be provided permitting access from natural site features such as floodplains, detention ponds, and historic sites to public streets with sidewalks.
(f) Access easements shall be provided for any private sidewalks providing access to the common open space for persons outside the development.
(g) All common open spaces shall be maintained for the enjoyment of the residents of the development and shall be free of weeds and other noxious vegetation.
(3) Ownership requirements. The subdivider shall reserve the open space acreage for common use of residents and visitors to the subdivision. The land shall be deeded by the subdivider to a duly organized lot owners association within the subdivision.
(N) Street tree standards.
(1) General requirements. All subdivisions shall be required to provide street trees along all streets within and adjacent to the subdivision.
(a) Street trees shall be planted either in the right-of-way, or within five feet of the right-of-way on adjacent property included in a street tree easement.
(b) Street trees shall be provided in the right-of-way unless, in the opinion of the Planning Director, that location would present a hazard for underground or overhead utilities or public safety.
(c) Existing trees on property located in the right-of-way of a public street may be considered as meeting the street tree requirement if such trees are in good health and are protected during the construction process.
1. The Plan Commission shall determine whether or not existing trees may be used to satisfy the street tree requirement at the time of preliminary plat review.
2. The Planning Director may require the provision of maintenance bonds consistent with § 155.192 for any existing trees preserved for use as street trees.
(2) Planting requirements. One street tree shall be planted for every 40 feet of street frontage. Trees may be evenly spaced or grouped together. Street trees shall also meet the following requirements:
(a) All street trees shall be a minimum of two and one-half inch caliper as measured consistent with the American Nursery Standards Institute (ANSI), six inches from the top of the root ball, at the time of planting.
(b) No tree may be planted so that its center is closer than two feet to a sidewalk or curb, or edge of pavement if no curbs are present.
(c) No tree shall be planted within 25 feet of the intersection of two street right-of-ways, within ten feet of the intersection of a street and an entrance driveway, or within the sight visibility triangle established by § 155.083.
(d) No tree shall be planted within ten feet of any fire hydrant or two lateral feet of any underground utility service.
(e) Street trees shall be of one or more of the species described in the following table of approved street trees.
APPROVED STREET NAMES
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COMMON NAME | SCIENTIFIC NAME | |
APPROVED STREET NAMES
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COMMON NAME | SCIENTIFIC NAME | |
Hornbeam | ||
American Hornbeam | Carpinus Caroliniana | |
Upright European Hornbeam | Carpininus Betulas "FastiGiata " | |
American Elm (Dutch Elm disease resistant cultivars only) | ||
Accolade Elm | Ulmus Japnica x Wilsoniana "Morton" | |
Homestead Elm | Ulmus "Homestead" (complex hybrid) | |
Frontier Elm | Ulmus Carpinifolia x Parvifolia "Frontier" | |
Ginko | ||
Autumn Gold | Ginko Biloba "Autumn Gold" | |
Fairmount Ginko | Ginko Biloba "Fairmount" | |
Sentry Ginko | Ginko Biloba "Sentry" | |
Upright Ginko | Ginko Biloba "Upright" | |
Honeylocust | ||
Majestic Honeylocust | Gleditzia Triacanthos Inermis "Majestic" | |
Moraine Honeylocust | Gleditzia Triacanthos Inermis "Moriane" | |
Shedemaster Honeylocust | Gleditzia Triacanthos Inermis "Shedmaster " | |
Skyline Honeylocust | Gleditzia Triacanthos Inermis "Skyline" | |
Sunburst Honeylocust | Gleditzia Triacanthos Inermis "Sunburst" | |
Linden | ||
Greenspire Linden | Tilla Cordata "Greenspire " | |
Chancelior Linden | Tilla Cordata "Chancelior " | |
Swedish Upright Linden | Tilla Cordata "Swedish Upright" | |
Silver Linden | Tilla Cordata "Silver" | |
Basswood | Tilla Americana | |
Maple | ||
Legacy Sugar Maple | Acer Sacchrum "Legacy" | |
Armstrong Red Maple | Acer Rubrum "Autumn Flame" | |
Red Sunset Red Maple | Acer Rubrum "Red Sunset" | |
Tilford Red Maple | Acer Rubrum "Tilford" | |
Cleveland Norway Maple | Acer Plantanoides "Cleveland" | |
Columbus Norway Maple | Acer Plantanoides "Columnar" | |
Crimson King Norway Maple | Acer Plantanoides "Crimson King" | |
Royal Red Norway Maple | Acer Plantanoides "Royal Red" | |
Summershade Norway Maple | Acer Plantanoides "Summershade" | |
Oak | ||
Basket Oak | ||
Shingle Oak | ||
Red Oak | ||
Willow Oak | ||
Bur Oak | ||
Chinkapin Oak | ||
River Birch | ||
Betula Nigra | ||
(O) Sanitary sewer standards.
(1) General requirements. Lots shall be served by sanitary sewers. The appropriate sanitary sewer system shall be designed and installed by the subdivider and dedicated to the Town of Lowell.
(2) The system shall be provided with all necessary supplemental equipment or machinery (including, but not limited to, lift stations) and be in such lengths, sizes, dimensions and specifications as shall be required by the sanitary sewer service provider.
(3) Sanitary sewers shall be designed and constructed in accordance with the current edition of the Lowell Town Standards adopted by the Lowell Town Council.
(P) Water supply standards.
(1) General requirements. Lots in all subdivisions shall be served by a public water supplier. The appropriate public water supply system shall be designed and installed by the subdivider and dedicated to the Town of Lowell.
(2) The water system shall include all necessary supplemental equipment and machinery including but not limited to all pipes, fire hydrants, and valves.
(3) Water infrastructure shall be designed and constructed in accordance with the current edition of the Lowell Town Standards adopted by the Lowell Town Council.
(Q) Private utility standards.
(1) General requirements. All utility transmission lines providing service to the subdivision, including electrical power, gas, telephone, cable television, data transmission, sewer, and water shall be located underground throughout the subdivision. The location of utility lines shall be shown on the preliminary plat and on the construction plans.
(2) Design requirements. Service lines for electrical power, natural gas, telephone, cable television, and data transmission utilities shall generally be located in easements in locations specified in the current edition of the Lowell Town Standards adopted by the Lowell Town Council.
(R) Environmental standards.
(1) General requirements. The following measures to minimize erosion and sedimentation shall be included where applicable in the overall development plan.
(a) Existing features which would add value to residential, commercial, natural, or man-made assets such as trees or other vegetation, streams, vistas, historically significant items, and similarly irreplaceable assets shall be preserved through careful and harmonious design.
(b) Stripping of vegetation, regrading, or other development shall be done in such a way that will minimize erosion.
(c) The disturbed area and the duration of exposure shall be kept to a practical minimum.
(d) Temporary vegetation and mulching shall be used to protect environmentally sensitive areas during development.
(e) The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.
(f) Development plans shall keep cut/fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
(g) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be structurally retarded.
(h) Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.
(2) Maintenance requirements. Design and construction of the erosion control system shall be such that it will be durable and easy to maintain, meeting the requirements of the Town Engineer all erosion control methods shall be consistent with the erosion control standards provided by § 155.196.
(S) General drainage standards. Stormwater infrastructure shall be designed and constructed in accordance with the current edition of the Lowell Town Standards adopted by the Lowell Town Council.
(T) Covenant standards.
(1) General requirements. The following paragraphs shall be required to be present as restrictive covenants for all final plats to which the Planning Director determines that they apply:
(a) No fence, wall, hedge, tree or shrub which obstructs sight lines between three and eight feet above the grade of the adjacent road shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting points along the street rights-of-way located:
1. Thirty-five feet from their intersection for road classified as arterial by the Thoroughfare Plan;
2. Thirty feet for roads classified as collectors by the Thoroughfare Plan;
3. Fifteen feet for roads classified as local by the thoroughfare plan; and
4. Ten feet for all private driveways.
(b) No permanent structure shall be placed within a utility easement, with the exception that the property owner may construct a fence within the easement at his/her own risk. Such fences may be removed or accessed as necessary by any affected easement holder or utility without cost to that holder or utility.
(c) No driveway shall be located within 40 feet of the intersection of two street right-of-way lines.
(2) Drainage covenant. Each subdivision submitted for approval shall include on the final plat a covenant which states that: This subdivision is subject to all drainage system design and construction standards of this subchapter, which provides for the repair and maintenance of the system, including the assessment of owners of lots to maintain swales and participate in the cost of the maintenance of legal drains. All drainage easements shall run to the County Drainage Board.
(U) Flood hazard area standards. Development in flood hazard areas shall be in accordance with Title 15, Land Usage, Chapter 151, Flood Hazard Areas, of the Lowell Code of Ordinances.
(Ord. 2013-02, passed 3-11-13; Am. Ord. 2015-24, passed 9-14-15; Am. Ord. 2015-33, passed 11-23- 15; Am. Ord. 2020-14, passed 7- 13-20; Am. Ord. 2021-14, passed 5-10-21)