(A) Conformance to applicable rules and regulations. In addition to the requirements established
herein, all subdivision plats shall comply with the following laws, rules, and regulations:
(1) All applicable federal, state and local statutory provisions (such those of the U.S. Army Corps of Engineers concerning the alteration of floodplains, stream channels and wetlands, and the Indiana Department of Environmental Management concerning best management practices for construction including Rule 5) as well as other federal and state permit requirements that may be triggered;
(2) The county and participating jurisdictions zoning ordinance, building and housing codes, and all other applicable laws of the appropriate jurisdictions;
(3) The Comprehensive Plan, Official Map, Public Utilities Plan, and Capital Improvements Program of the county, city or town including all streets, drainage systems, and parks shown on the Official Map or Comprehensive Plan as adopted;
(4) The special requirements of these regulations and any rules of the Health Department and/or appropriate state agencies;
(5) The rules and regulations of the Indiana Department of Highways if the subdivision or any lot contained therein abuts a state-maintained roadway or connecting street;
(6) The highway and drainage standards and regulations adopted by the county, city or town and its boards, commissions, and agencies;
(7) All pertinent standards contained within still valid planning guides published by the Area Plan Commission; and
(8) Plat approval may be withheld if a subdivision is not in conformity with the above guides and requirements or with the policies and purposes of these regulations established in § 152.003.
(B) Self-imposed restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by the zoning ordinance or these regulations, such restrictions or reference thereto may be required to be indicated on the subdivision plat, or the Area Plan Commission may require that restrictive covenants be recorded with the County Recorder in the form to be approved by the Area Plan Commission Attorney.
(C) Plats straddling municipal boundaries. Whenever access to the subdivision is required across land in another jurisdiction the Area Plan Commission may request assurance from the County Attorney that such access is legally established, and from the County Highway Department, City Street Department or Town Public Works Board or their engineer or designee that the access road is adequately improved, or that a performance bond (or equivalent financial instrument) has been duly executed and is sufficient in the amount to insure the construction of the access road. In general, lot lines should be laid out so as not to cross municipal boundary lines.
(D) Boundary improvements.
(1) The subdivider shall have placed, under the supervision of a registered land surveyor, concrete monuments four inches square or four inches in diameter and 40 inches long with an iron pipe cast in the center, at each corner or angle of the ultimate outside boundary. They shall be set following the grading of each phase or section of the subdivision.
(2) The subdivider shall have placed, under the supervision of a registered land surveyor, pipes or steel rods, three fourths of an inch in diameter by 30 inches in length at the corners of each lot. They shall be set prior to the issuance of any building permit.
(E) Character of the land. Land which the Area Plan Commission finds to be unsuitable for subdivision or development because of flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which might reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Area Plan Commission, upon recommendation of the City, Town or County Highway Department, City Street Department or Town Public Works Board or their engineer or designee, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for such uses permitted by the zoning ordinance that shall not involve any such danger.
(F) Subdivision name. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Area Plan Commission shall have final authority to designate the name of the subdivision which shall be determined at the time of primary approval.
(Ord. 13-8, passed 5-16-13)