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(A) Location. All newly installed utility facilities, including but not limited to gas, electric power, telephone, and CATV cables, shall be located underground wherever possible. Whenever existing utility facilities are located above ground, except when existing on public roads and rights-of-way, they shall be removed and placed underground. Underground service connections to the street property line of each platted lot shall be installed at the developer's expense. At the discretion of the Planning Commission, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.
(B) Easements.
(1) Except for sanitary sewer utilities, easements provided for utilities (private and municipal) shall be negotiated and accepted by those utilities. Easements shall be indicated on the plat or development plan. Proper coordination shall be established between the developer and the applicable utility companies for the establishment of utility easements on adjoining properties.
(2) When topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, easements at least ten feet in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines. Easements shall be indicated on the plat or development plan.
(3) Easements for sanitary sewer utilities shall be as provided for in § 159.080(B)(1).
(C) Placement of any new utility pole(s) or any new wireless structure(s) prohibited.
(1) The city hereby prohibits the placement of any new utility pole(s) or any new wireless structure(s) within an existing or future public right-of-way or utility easement, if the right-of-way or easement only permits underground or buried utilities.
(2) Notwithstanding any other ordinance, policy, rule, or prohibition of the city, the Common Council expressly prohibits the issuance of an improvement permit for any future development within the city, unless all utilities serving the development are underground or buried within right-of-way or utility easements that are solely for underground or buried utilities. This provision shall not apply if the site of the development is currently served by above-ground utilities.
(3) From and after October 10, 2017, the effective date of Ord. 13-04-17A, no person, corporation or utility shall erect or construct, within the city's right-of-way or a utility easement, any new pole, overhead line or associated overhead structure used or useful in supplying electric, communication or similar associated services, and the part of the rights-of-way used for location of utilities shall be designated strictly for underground or buried utilities.
(4) All overhead poles, wires, and/or utility transmission lines, existing on October 10, 2017, the date of Ord. 13-04-17A, may remain within the city's right-of-way, but may not be replaced or relocated without prior written authorization of the Board of Public Works and Safety (“the Board”). However, this provision shall not require approval of the repair or replacement of any utility facilities that are necessary to provide service to existing customers of the utility, and the location of the replacement facilities is substantially similar to the previous facilities.
(5) Any requests to install new utility pole(s) or new wireless structure(s) prohibited by this division may be presented as an appeal to the Board. The Board may, after hearing, approve the application upon a showing that:
(a) There is no other reasonable location for the construction of the new utility pole(s) or the new wireless structure(s) that will provide cell service to designated citizens of the city; and
(b) The authorization for the construction is in the best interest of the health, safety and welfare of the citizens of the city.
(6) Notwithstanding the restriction above, this division permits the collocation of small cell facilities on existing:
(a) Utility poles; and
(b) Wireless support structures;
within the rights-of-way or utility easements.
(7) This division permits the replacement of existing:
(a) Utility poles; and
(b) Wireless support structures;
within the rights-of-way or utility easements.
(8) Upon receipt of an application for the construction, placement or use of a small cell facility on one or more new utility pole(s) or one or more new wireless support structure(s) in an area designated strictly for underground or buried utilities, the city shall post notice of the application on the city's website.
(9) The prohibition or other restrictions with respect to the placement of new utility pole(s) or new wireless support structure(s) within the rights-of-way or easements shall be applied in a nondiscriminatory manner.
(10) The city shall allow a homeowners’ association to register with the city to receive notice by United States mail of any application filed with the city for the construction, placement or use of a small cell facility on one or more new utility poles or one or more new wireless support structures in the area within the jurisdiction of the or homeowners’ association. The city shall post on the city's website instructions for a homeowners’ association to register to receive notice under this division.
(11) An applicant for the placement of a small cell facility and an associated supporting structure shall comply with applicable:
(a) Federal Communications Commission requirements; and
(b) Industry standards;
for identifying the owner's name and contact information.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 55-12-02, passed 1-14-03; Am. Ord. 33-6-04, passed 7-13- 04; Am. Ord. 13-04-17, passed 4-25-17; Am. Ord. 13-04-17A, passed 10-10-17)
Existing features that would add value to residential development or to the community as a whole, such as trees (as herein defined) watercourses and water bodies, beaches, historic spots, and similar irreplaceable assets, shall be preserved in the design of the development. No trees shall be removed from any development nor any change of grade of the land affected until approval of the primary plat has been granted. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade. The sketch plat shall show the number and location of existing trees as required by these regulations and shall further indicate all those marked for retention and the location of all proposed shade trees required along the street side of each lot as required by § 159.084.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 55-12-02, passed 1-14-03)
All proposed development that requires an Improvement Location Permit shall meet the applicable criteria set forth herein concerning types of soils involved and the conditions which are requisite to assure proper execution of erosion and sediment control and proper drainage.
(A) General Requirements.
(1) No changes shall be made in the contour of the land; nor shall grading, excavating, removal, or destruction of the topsoil, trees, or other vegetative cover of the land be commenced, until an Erosion Control Plan has been reviewed by the Technical Advisory Committee or there has been a determination by the Technical Advisory Committee that such plans are not necessary.
(2) Erosion Control Plans shall be reviewed concurrently with the development plan and become a part thereof, except that an Erosion Control Plan may be filed and reviewed prior to the rest of the development plan for the purpose of obtaining a Preliminary Grading Permit.
(3) The Erosion Control Plan shall provide all information, reports or plans necessary for the application, including pre- and post-elevations and any additional expense necessary to ensure adequate information, report or plan shall be met by the applicant.
(4) No improvement location permit shall be issued for grading, excavating, removal or destruction of topsoil, trees, or other vegetative cover of land until approval has been received from the Technical Advisory Committee.
(5) No building permit shall be issued until the Planning Department has received and reviewed a certified elevation certificate regarding the parcels of land for which an improvement location permit was issued and a building permit is sought.
(B) Review of Erosion Control Plans.
(1) The following measures are effective in minimizing erosion and sedimentation and shall be included, where applicable, in the control plan. In reviewing these measures, the Technical Advisory Committee shall be guided by the information set forth in the findings in the National Cooperative Soil Survey prepared by the USDA Soil Conservation Service in cooperation with the Purdue Experiment Station and the Hamilton County Soil & Water Conservation District, and the specifications set forth in both the Indiana Heartland Urban Development Planning Guide and division (B)(2) herein and in accordance with Chapter 600 of The City of Noblesville Stormwater Technical Standards Manual. The Director of Planning and Development shall also be guided by advice from the USDA Soil Conservation Service, Hamilton County Soil & Water District, Hamilton County Drainage Board, Indiana Department of Natural Resources - Division of Water, and other agencies or officials offering technical assistance on the subjects of soils, drainage, erosion, and sediment control.
(a) Stripping of vegetation, re-grading, or other development shall be done in such a way that will minimize erosion.
(b) Development plans shall preserve salient natural features, 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.
(c) Whenever feasible, natural vegetation shall be retained, protected, and supplemented.
(d) The disturbed area and the duration of exposure shall be kept to a practical minimum.
(e) Disturbed soils shall be stabilized as quickly as practical.
(f) Temporary vegetation and mulching shall be used to protect exposed critical areas during development.
(g) The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.
(h) 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.
(i) 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.
(j) Development plan design shall strive for cut and fill site balancing with a minimum volume of residual dirt stockpiled.
(k) Ordinance No. 24-4-05 “An Ordinance Regulating Storm Water Run Off Associated with Construction and Post Construction Activities in the City of Noblesville” and all amendments thereto. (See §§ 52.30 et seq.).
(2) Design Standards.
(a) Measures used to control erosion and reduce sedimentation and to provide drainage shall, as a minimum, meet the standards and specifications of the Hamilton County Soil & Water Conservation District. The Technical Advisory Committee shall ensure compliance with the appropriate specifications, copies of which are available from the Hamilton County Soil & Water Conservation District or the Department of Planning and Development. The applicable guides are: "URBAN DEVELOPMENT PLANNING GUIDE", and "URBAN SOIL AND WATER CONSERVATION GUIDELINES, SPECIFICATION NO. I".
(b) In order to provide more suitable sites for building and other uses, improve surface drainage, and control erosion, the following requirements shall be met:
1. The location, grading, and placement of sub grade (base) material of all driveway and parking areas shall be accomplished as the first work done in a development plan.
2. All lots, tracts, or parcels shall be graded to provide proper drainage away from buildings and dispose of it without ponding; and all land within a development shall be graded to drain and dispose of surface water without ponding.
3. All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet such as a curbed street, storm drain, or natural watercourse. Where drainage swales are used to divert surface waters away from buildings, they shall be sodded or planted as required and shall be of such slope, shape, and size as to conform with the requirements of the City of Noblesville or Hamilton County, as the case may be.
4. Concentration of surface water runoff shall be permitted only in swales or watercourses.
5. Excavation and fills:
a. Temporary dirt stockpiles shall be maintained with a slope no greater than 3:1 and a height of no greater than 20 feet above grade of the adjacent roadway.
b. Permanent dirt stockpiles shall be maintained with a slope of no greater than 4:1 and a height of no greater than 15 feet above the grade of the adjacent roadway.
c. Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills by installation of temporary or permanent drainage across or above these areas.
d. Cuts and fills shall not endanger adjoining property.
e. Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
f. Fills shall not encroach on natural watercourses or constructed channels.
g. Fills placed adjacent to natural watercourses of constructed channels shall have suitable protection against erosion during periods of flooding.
h. Grading will not be done in such a way so as to divert water onto the property of another land owner.
i. During grading operations, necessary measures for dust control will be exercised.
j. Grading equipment will not be allowed to cross live streams. Provision will be made for the installation of temporary or permanent culverts or bridges.
k. Cut and fill operations in the floodplain; refer to Article 8 - Zoning Districts, Part G. Flood Hazard District (herein § 159.109(A)).
(C) Installation, Responsibility, and Maintenance.
(1) Whenever sedimentation is caused by stripping vegetation, re-grading, or other development, it shall be the responsibility of the applicant, person, corporation, or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems, and watercourses and to repair any damage at his expense as quickly as possible.
(2) Maintenance of all driveways, parking areas, drainage facilities, and watercourses within any development plan area is the responsibility of the applicant, or owner developer.
(3) It is the responsibility of the applicant and any person, corporation, or other entity doing any act on or across a communal stream, watercourse, or swale or upon the flood plain or right-of-way thereof, to maintain as nearly as possible in its present state the stream, watercourse, swale, flood plain, or right-of-way during the duration of the activity and to return it to its original or equal condition after such activity is completed.
(4) No applicant and person, corporation, or other entity shall block, impede the flow of, alter, construct any structure, or deposit any material or thing, or commit any act which will affect normal of flood flow in any communal street.
(5) Where a Development Plan Area is traversed by a watercourse, the total development of the watercourse shall be considered. There shall be provided a drainage easement or right-of-way conforming substantially with the line of such watercourse, and of such width as will be adequate to preserve natural drainage.
(6) Each applicant, person, corporation, or other entity which makes any surface changes shall be required to:
(a) Collect on-site surface runoff and dispose of it to the point of discharge into an adequate outlet approved by the City Engineer.
(b) Handle existing and potential off-site runoff through his development by designing to adequately handle storm runoff from a fully developed drainage area.
(c) Pay his proportionate share of the total cost of off site improvements to the common natural watercourse, based on a fully developed drainage area.
(d) Provide and install at his expense, all drainage and erosion control improvements (temporary and permanent) as required by the Erosion and Sediment Control Plan.
(7) It is the responsibility of the applicant or owner to keep all major streams, not under the jurisdiction of another official agency, open and free flowing.
(8) The applicant or owner will assume the responsibility for maintaining an open and free flowing condition in all minor streams, watercourses, and drainage systems, constructed or improved in accordance with city and county design criteria on his property, which are necessary for proper drainage in the discretion of the Director of Planning and Development if adequate right-of-way exists or can be acquired.
(D) Enforcement. In the event the applicant or developer proceeds to clear and grade prior to the approval of the Development Plan, the Board of Zoning Appeals may revoke the approval of all plans.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 55-12-02, passed 1-14-03; Am. Ord. 76-9-05, passed 10-11-05; Am. Ord. 32-10-11, passed 11-15-11; Am. Ord. 25-04-15, passed 5-12-15; Am. Ord. 32-07-19, passed 7-23-19) Penalty, see § 159.999
The following regulations shall apply to the construction of single and two-family homes. They are intended to decrease the possibility of erosion, sedimentation, and water pollution in the absence of an Erosion Control Plan which would be required of larger development or construction projects.
(A) Soil Preservation and Final Grading. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final development plat and the lot recovered with soil with an average depth of at least six inches which shall contain no particles more than two inches in diameter over the entire area of the lot, except that portion covered by buildings or included in streets, or where the grade has not been changed or natural vegetation seriously damaged. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six inches of cover on the lots and at least four inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or planting.
(B) Lawn-Grass Seed and Sod. All lots shall be established with sod from the roadside edge of the unpaved right-of-way and including the front yard established by the front building setback line the full width including the established principal building located on said parcel/lot. The remaining side yards and rear yards may be established with sod or seed. No final certificate of occupancy shall be issued until re-spreading of soil and seeding of lawn has been completed. A temporary certificate of occupancy issued between April 1 and October 31 (six-months period) requires the installation of the sod and seed shall be completed a maximum of 30 days after issuance of the temporary certificate of occupancy. A temporary certificate of occupancy issued between November 1 and March 31 (four-months period) requires the installation of the sod and seed by the first business day in June following the date of issuance of said temporary certificate.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 55-12-02, passed 1-14-03; Am. Ord. 32-07-19, passed 7-23-19) Penalty, see § 159.999
(A) General Requirement. If a proposed development includes land that is zoned for non-residential purposes, the Plan Commission may require any reasonable provision on the layout of the development that would help to further the purposes of this ordinance or the comprehensive plan. A nonresidential development shall also be subject to all the requirements of site plan approval set forth in this chapter. A nonresidential development shall also be subject to all the requirements of these regulations, as well as such additional standards required by the Commission, and shall conform to the proposed land use and standards established in the Comprehensive Plan and other plans of the city/county.
(B) Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all developments, the applicant shall demonstrate to the satisfaction of the Commission that the block, lot, and transportation network pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
(1) Each non-residential area or parcel shall be shown and marked on the plat as to its intended use.
(2) Proposed non-residential parcels shall be suitable in area and dimensions to the types of development anticipated.
(3) The engineer of appropriate jurisdiction shall approve in writing prior to secondary plat approval a provision that the proposed non-residential development will not conflict with traffic circulation patterns, and the requirements for driveway location and design can reasonably be implemented at no cost to the city/county.
(4) Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed nonresidential development, including the provision of extra depth in parcels backing upon an existing or potential residential development, and provisions for a permanently landscaped buffer strip when necessary.
(5) Truck routes shall be established so as to prevent industrial traffic from encroaching into adjacent residential areas.
(6) To the greatest degree possible, nonresidential developments shall be located on arterials or major collectors.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 55-12-02, passed 1-14-03; Am. Ord. 86-11-03, passed 12-9-03) Penalty, see § 159.999
(A) City Streets. Trees shall be planted as a public improvement along any new subdivision street. The cost of street trees and installation shall be born by the developer. The developer shall follow the standards set forth in the Street Tree Ordinance No. 08-03-09, the Approved Street Tree Species List, and the Arboricultural Specifications Manual of September 2014, or as they are amended.
(B) County Streets. Trees shall be planted as a yard tree along any new subdivision street. The cost of these trees and installation shall be born by the developer. The spacing of the trees shall be every 40 to 60 feet. The trees shall be installed between the right-of-way and 15 feet outside of the right-of-way.
(Ord. 12-4-97, passed 5-12-97; Am. Ord. 14-4-99, passed 5-10-99; Am. Ord. 55-12-02, passed 1-14-03; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 46-07-16, passed 8-9-16)
Penalty, see § 159.999
PLANS, MAPS, AND ZONING DISTRICTS
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