§ 159.075  GENERAL REQUIREMENTS.
   (A)   Applicability.  Except as otherwise provided below, the site design and improvement standards in this subchapter are required for all subdivisions, planned developments, and any other new development or redevelopment of a site upon which such improvements do not currently exist.  Exemptions from these requirements may be granted by variance or, in the case of the subdivision standards from this chapter, by a variance of the Plan Commission subject to this section.  Existing improvements that do not meet the standards of this subchapter shall be subject to §§ 159.220 through 159.248 and § 159.999.
   (B)   Conformity with Other Regulations.
      (1)   In addition to the requirements established in these regulations, the improvement of land shall comply with the following:
         (a)   Applicable statutory provisions;
         (b)   Applicable provisions of this Unified Development Code and all other laws of the applicable jurisdictions;
         (c)   The official Comprehensive Master Plan and Capital Improvements Program of the applicable jurisdictions, including all streets, trails, and parks shown on any official map;
         (d)   The rules and regulations of the State Board of Health, the Department of Natural Resources, and other appropriate state agencies;
         (e)   Applicable planning and regulatory guidelines, including access control or driveway manuals, parking and traffic control ordinances, and other applicable guides published by the state or local governmental units;
         (f)   The current edition of the "Indiana Manual on Uniform Traffic Control Devices" for installation of traffic control devices; and
         (g)   The rules of the Indiana Department of Transportation (INDOT) if the development or any lot contained therein abuts a state highway.
         (h)   The Hamilton County Thoroughfare Plan, as amended; and
         (i)   Pathway Standards and Design Guidelines as adopted and amended by the Hamilton County Alternative Transportation Task Force and the Hamilton County Plan Commission.
         (j)   The Noblesville Public Improvement Standards.
      (2)   To assure, through careful site evaluation and design the creation of new parcels that are compatible with existing neighborhoods, the natural environment, health and safety of the community's residents; the developer, contractor, and/or engineer for the project shall comply with the policies of the Comprehensive Master Plan, Unified Development Ordinance, the Noblesville Standards, and the latest issue of the "Indiana Department of Transportation Standard Specifications" for material and construction control, except when different specifications are: (1) explicitly described in these regulations, or (2) adopted by the Engineer of appropriate jurisdiction and approved by all appropriate boards, commission, agencies, and offices of the city or county.
      (3)   Plat approval may be withheld if a subdivision is not in conformity with the above laws, regulations, guidelines, and policies, the regulations of this subchapter, or the purposes of these regulations as established in this chapter.
   (C)   Political and Jurisdictional Boundaries.  To eliminate potential jurisdictional disputes and to facilitate effective coordination and control of development, the Plan Commission shall be guided by the following policy:
      (1)   Whenever access to the development is required across land in another local government, the Commission shall request assurance from that local governmental attorney that access is legally established, and from the local governmental engineer that the access road is adequately improved, or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road.
      (2)   Lot lines shall be laid out so as not to cross boundary lines between adjacent units of local government which has separate governing bodies for the purpose of regulation and control of land use and development, as well as for tax purposes.
   (D)   Conditions of Development.
      (1)   Character of Land Suitable for Development.  Land that the Plan Commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, adverse earth formations or topography, utility easements, or other features that will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the development and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning Commission, upon recommendation of the Technical Advisory Committee, to solve the problems created by the unsuitable land conditions.  The  land shall be set aside for uses as shall not involve any danger to public health, safety, and welfare.
      (2)   Adequate Public Facilities.  No primary plat shall be approved unless the Planning Commission determines that public facilities will be adequate to support and service the area of the proposed development.  The applicant shall, at the request of the Planning Commission, submit sufficient information and data on the proposed development to demonstrate the expected impact on and use of public facilities by possible uses of said development.  Public facilities and services to be examined for adequacy will include roads, sewerage, schools, and public safety agencies.
      (3)   Reservation of Land for Public Use.
         (a)   Where a proposed park or other public use is shown on an Official Plan of the city, and said public use is located in whole or in part within a proposed development, sufficient area for the public use shall be dedicated to the public or reserved and offered for public purchase.  If within five years of plat recording the purchase is not agree on, the reservation shall be terminated.  Space for public uses which is improved per public standards may count towards applicable impact fee requirements.
         (b)   Where it is deemed essential by the Plan Commission, upon consideration of the particular type of development proposed in the development, the needs for public services that the development will generate, and the policies of the Comprehensive Master Plan, the Commission may recommend and the Common Council may require the reservation of land for public use.  Land required for dedication shall be of a location, size, and character consistent with the needs created by the development.  Land for public uses which is improved per public standards may count towards applicable impact fee requirements.
      (4)   Extension Policies.  All public improvements and required easements shall be extended through the parcel on which new development is proposed.  Streets, water lines, wastewater systems, drainage facilities, electric lines, and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure.  The city may require the applicant of a development to extend off-site improvements to reach the development or oversize required public facilities to serve anticipated future development as a condition of plat approval.  The cost of such extensions or oversizing shall be borne by the developer unless other provision has been made to cover the cost via impact fee ordinances.
   (E)   Required Improvements.  The following public and other improvements shall generally be provided in new developments and, when provided, shall be designed and installed in accordance with the conditions and specifications in this subchapter.
      (1)   Monuments.  The applicant shall place permanent reference monuments in the development in accordance with Sheet #8 of the Noblesville Standards - Monumentation Guidelines.
      (2)   Blocks and Lots.  All blocks and lots shall be designed in accordance with this subchapter.
      (3)   Streets and Alleys.  Streets and alleys within the jurisdiction of the city shall be designed and constructed in accordance with the standards and specifications of Noblesville Standards.  Streets within the jurisdiction of Hamilton County shall be designed and constructed in accordance with the standards and specifications of the Hamilton County Code.
      (4)   Street Name Signs.  Street name signs shall be installed in one corner of each street intersection and in accordance with Sheet 9 of the Noblesville Standards - Typical Street Sign Requirements.
      (5)   Street Lights.  Street lights may be required for safety purposes, and such installations shall conform to:  the requirements of the City Council/County Commissioners, the public utility providing such lighting, and the Noblesville Standards Sheet 10 - Street Lighting.
      (6)   Sidewalks.  Sidewalks shall generally be required on both sides of all streets and shall be designed and constructed in accordance with the Noblesville Standards Sheet 2 - Right of Way and Easement Guidelines, Sheet 3 - Pavement, Curb and Sidewalk Detail and Sheet 10 - Sidewalk Detail.
      (7)   Bicycle Pathways.  Bicycle pathways shall be provided within all developments if such facilities have been specified in an overall bicycle plan as adopted by the City Council/County Commissioners.  The facilities shall be installed as part of the public right-of-way or separate easement, as recommended by the bicycle plan.
      (8)   Pedestrian Walkways.  Pedestrian walkways may be required within long blocks, and if required shall be designed and installed in accordance with the Noblesville Standards Sheet 2 - Right of Way and Easement Guidelines, Sheet 3 - Pavement, Curb and Sidewalk Detail and Sheet 10 - Sidewalk Detail.
      (9)   Bridges and Culverts.  Bridges and culverts, if necessary, shall be constructed in accordance with engineering standards approved by the Engineer of the applicable jurisdiction.
      (10)   Median Openings, Auxiliary Lanes, and Curb Cuts.  Median openings, auxiliary lanes, and curbs, when approved or required, shall be designed and constructed as specified by the reviewing authority and in accordance with the Noblesville Standards Sheet 9 - Miscellaneous Details and Notes and Sheet 11 Street Cut Details.
      (11)   Drainage Facilities.  Storm sewers, detention ponds, and other drainage facilities shall be designed and constructed in accordance with Part E, "Drainage Facilities" and the Noblesville Standards Sheet 4 - Storm Sewer Bedding Details and Notes and Sheet 5 Storm Sewer Details and Notes.
      (12)   Sanitary Sewers and Septic Systems.  Public sanitary sewers and septic systems shall be constructed in accordance with Part F, "Sewerage Facilities," Sewer Use; the Ten State Standards and the Noblesville Standards Sheet 8 - Sanitary Sewer Bedding Details and Notes and Sheet 7 - Sanitary Sewer Details and Notes.
      (13)   Water Facilities and Fire Hydrants.  The placement of fire hydrants and water mains for adequate fire protection shall be in accordance with the appropriate fire district standards and this subchapter.
      (14)   Utilities.  Energy and communication utilities shall be installed underground and subject to this subchapter.
      (15)   Preservation of Existing Natural Features.  Existing natural features which add value to development and enhance the attractiveness of the community should be preserved in all site plans in accordance with this subchapter.
      (16)   Erosion Control Plan.  All development which requires an Improvement Location Permit shall conform to the regulations concerning types of soils involved and the conditions which are requisite to assure proper execution of erosion and sediment control and proper drainage, in accordance with this subchapter.
      (17)   Soil Preservation, Grading, and Seeding.  In lieu of the Erosion Control Plan described above, the construction of individual single and two-family homes shall conform to the regulations of this subchapter.
      (18)   The developer/owner is responsible for the costs associated with all infrastructure and improvements unless modified by an agreement between the city and the developer/owner of a specific project.
   (F)   Development Names.  The proposed name of the development shall not duplicate, or too closely approximate phonetically, the name of another development in the planning jurisdiction.  The reviewing authority shall have final authority to designate the name of the development, which shall be determined at the time of Improvement Location Permit.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 55-12-02, passed 1-14-03; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 29-9-11, passed 10-11-11; Am. Ord. 32-07-19, passed 7-23-19)