(A) Environmental restrictions.
(1) No land shall be subdivided that is found to be unsuitable for subdivisions by reason of flooding, ponding, poor drainage, adverse soil conditions, adverse soil conditions, adverse geological formations, unsatisfactory topography or other conditions likely to be harmful to public health, safety or general welfare, unless such unsuitable conditions are to the satisfaction of the town.
(2) No subdivision containing land located in a floodway or a flood hazard area shall be approved by the PPC with the approval of Indiana Department of Environmental Management. No lot shall be located so as to include land located within a floodway or flood hazard area unless the lot is such size and shape it will contain a buildable area not within a floodway or flood hazard area, suitable for development as allowed by the Unified Development Ordinance for zone in which the lot is located.
(B) Minimum requirements. 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 locations, grading, and placement of sub-grade (base) material of all street, public driveway, and public parking areas shall be accomplished as the first work done on a development plan.
(2) All lots, tracts, or parcels shall be graded to provide proper drainage away from the buildings and dispose of it without ponding, and all land within the development shall be graded to drain and dispose of surface water without ponding, except where approved by the Orange County Drainage Board. Around each permanent building foundation there shall be a slope with a minimum vertical fall of six inches for the area measured from the foundation to a point ten feet from the building foundation or to the property line, whichever is closer.
(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 to the requirements of the PPC.
(4) Concentration of surface water runoff shall only be permitted in swales or watercourses.
(5) Land alteration shall be accomplished in such a way that the grades left at the time that the work is completed will be permanent and stable.
(C) Excavation and fills.
(1) Cuts and fills shall not endanger adjoining property.
(2) Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
(3) Fills shall not encroach or impede flows on natural watercourses or constructed channels.
(4) Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during this period of construction.
(5) Grading will not be done in such a way so as to divert water onto the property of another land owner without the expressed consent of the Administrator.
(6) During grading operations, necessary measures for dust control will be exercised.
(7) Grading equipment will not be allowed to cross live streams. Provision will be made for the installation of temporary or permanent culverts or bridges.
(D) Sedimentation. Whenever sedimentation is caused by stripping, vegetation, regrading, or other development activities, it shall be the responsibility of the applicant, person, corporation, and/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.
(E) Maintenance. Maintenance of all driveways, parking areas, drainage facilities, and watercourses within any development plan area is the responsibility of the subdivider, provided that said facilities have not been dedicated to the public and accepted by the Town Council for public maintenance.
(F) Drainage ways.
(1) Construction along waterways. 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 floodplain, floodway, or floodway fringe area of any watercourse during the period of development to return these areas to their original or equal conditions upon completion of said activities.
(2) Construction in drainage ways. No applicant or 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 or flood flow in any communal stream or watercourse without having obtained prior approval from the Orange County Drainage Board and/or the IDNR Division of Water, whichever is applicable.
(G) Design, installation, and maintenance. The design, installation, and maintenance of the required drainage facilities and erosion and sediment control measures shall be in accordance with the standards and specifications set forth in the Storm Drainage, Erosion, and Sediment Control Ordinance.
(H) Plan approval. The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the development, and shall become a part thereof.
(I) Grading/clearing.
(1) Permission for clearing and grading prior to the approval of the development plan may be obtained under temporary easements or other conditions satisfactory to the Administrator.
(2) In the event the subdivider proceeds to clear and grade prior to the approval of the subdivision or development plan, without satisfying conditions specified herein, the jurisdictional agency having authority over the approval of said subdivision or development plans may revoke the approval of all plans and a suit for an injunction may be instituted by the PPC to halt further construction until development plans are approved.
(3) Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least adequate cover on the lots. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried in any land, or left deposited on any lot or street in the subdivision.
(J) Other.
(1) Land which exhibits severe limitations to urban development due to flooding, inadequate drainage, poor soils, or other features likely to be harmful to the safety, welfare, and general health of future residents, shall not be subdivided, unless adequate remedies to overcome said limitations are formulated by the subdivider and approved by the PPC and other appropriate officials and agencies.
(2) Land which exhibits very severe limitations to urban development, such as floodplains and very poorly drained organic (muck) soils, characterized by seasonal high water tables at or near the surface, ponding, or frequent to occasional flooding, shall not be platted for urban development or used for non-agricultural structures.
(3) The subdivider shall provide the subdivision with an adequate storm water sewer system in accordance with the Storm Drainage, Erosion, and Sediment Control Ordinance. When the surface drainage is adequate, easements for such surface drainage shall be provided. Curbs and gutters along streets are required; however, if the PPC finds it necessary to waive this requirement, a shallow swale with its low point at least three inches below the elevation of the subgrade of the pavement shall be installed. In this case, one of the following types of improvements shall be furnished at driveway crossings:
(a) A corrugated metal pipe, at least 12 inches in diameter and 14 feet in length to be placed where required for each driveway; or
(b) A proper length vertical curve concrete pavement, 24 feet in length, 12 feet minimum width, and six inches thick, designed to meet INDOT Standard Specifications so as not to create a hazard to the under parts of automobiles, at the entrance of each driveway.
(4) Upon completion of the storm sewer installation, the plans for such system as built shall be filed with the PPC and the Orange County Surveyor.