(A) General requirements.
(1) Applications for primary or secondary approval of major subdivisions shall be made in accordance with the Commission’s Rules of Procedure.
(2) The developer shall complete all improvements and installations required by this chapter within the time limits established in § 156.42.
(3) If the major subdivision is to have a lot owners association that is responsible for ongoing compliance of the development with this chapter, the association shall meet the following requirements:
(a) Membership shall be automatic for all owners of lots in the subdivision.
(b) The association shall be incorporated.
(c) The association shall be organized by the developer and shall be financed by the developer until a sufficient number of lots have been sold to enable the association to be financially solvent without a subsidy from the developer.
(4) Major subdivisions may be accompanied by covenants. When necessary to ensure compliance with a provision of this chapter or a condition of subdivision approval imposed by the Commission, the Commission may require that the city be a party to or have enforcement authority over specified covenants or restrictions. The covenants must be filed in the office of the Jackson County Recorder.
(5) All materials and construction procedures required by this chapter shall conform to the most recent editions of The Indiana Department of Transportation Standard (INDOT) Specifications; and the following AASHTO publications: Road Design Manual, Bridge Design Manual, A Policy on Geometric Design of Highways and Streets.
(B) Lots.
(1) All lots shall have satisfactory building sites properly related to topography and other features.
(2) All lots shall be capable of containing driveways having sight distance that complies with the standards set forth in Chapter 157.
(3) Lot sizes and dimensions shall comply with the minimum standards of Chapter 157.
(4) Each lot shall have the full required frontage on a public or private street. To the fullest extent practical, residential lots shall front on residential subdivision streets in such a manner as to provide neighborhood cohesiveness. Lots laid out in lines along and with direct access to arterial, or collector shall not be permitted.
(5) Residential double-frontage lots shall be permitted only where necessary to provide separation of residential development from street traffic or due to conditions peculiar to the property. Non-residential double-frontage lots are acceptable; however, the Commission shall require a landscape buffer along any frontage that constitutes a rear or side yard. Such buffer shall comply with the standard in Chapter 157.
(6) Corner lots shall be of sufficient size to allow for two front yards, as required by Chapter 157.
(7) Residential lots shall be designed to have access from subdivision streets, not from streets of higher classification. Where no alternative exists to access from a street other than a subdivision or marginal access street, the Commission may require that multiple lots be served by a single jointly used access drive in order to limit the points of traffic conflict on the street. When such a combined drive is required, the plat shall include an easement providing for joint use and maintenance.
(8) The depth to width ratio of any single-family residential lot shall not be greater than 3:1 unless the Commission finds that such lot configuration is needed to provide for wise use of the land.
(9) Except as otherwise provided in this chapter, side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets.
(10) Except as otherwise provided in this chapter, irregular lot shapes are not permitted.
(C) Blocks.
(1) Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth. The Commission may waive this requirement if the block is adjacent to a major street or railroad or if topography or other natural features preclude this arrangement.
(2) The lengths, widths, and shapes of blocks shall be appropriate for the location and the type of development permitted. Block lengths in residential areas shall not exceed 1,000 feet nor be less than 300 feet in length. Cul-de-sacs shall not exceed 600 feet in length. For purposes of this section, a series of cul-de-sacs with only one point of access shall be considered to be a single cul-de-sac.
(D) Driveways.
(1) Driveway separations shall be provided in accordance with Table 1 below.
(2) Driveway locations shall have sight distances consistent with the requirements of Table 1 below.
TABLE 1
Minimum Driveway Separation Distance | ||
Street Type | Residential Drive (1- or 2-Family) | Nonresidential or Multi-Family Drive |
Arterial | 200 feet1 | 200 feet |
Collector | 150 feet1 | 150 feet |
Local | 100 feet2 | 100 feet |
Subdivision | 1 per lot3 | 100 feet |
1 It is the intent of this chapter that residential driveways should not open onto arterial or collector streets and should be avoided on local streets. Where such driveways are necessary, the number of access points shall be kept to a minimum, and in such cases, accesses should be combined whenever possible. | ||
2 In zoning districts where the minimum footage is less than 100 feet and driveways must open onto local streets, the maximum number of driveways shall be one per lot. Driveways shall be combined wherever possible to achieve the 100-foot separation wherever possible. | ||
3 A circular driveway with two points of entry on a single lot is permitted provided the sight distance standards set forth in Chapter 157 are met. | ||
(E) Streets.
(1) The Commission shall not approve any major subdivision unless the area to be subdivided has access to an existing public or approved private street. Such access shall be wide enough to permit the construction of new intersecting streets meeting the minimum standards of this chapter. If the Commission finds that existing streets that will provide access to the subdivision are not adequate to provide safe ingress and egress for the increased traffic resulting from the subdivision, the Commission shall deny the subdivision. Streets that by reason of pavement condition, topography, sight distance, width, or other conditions are not suitable for the increased traffic shall be considered inadequate, and subdivision shall be permitted only if the developer formulates methods acceptable to the Commission of mitigating the unsuitable conditions.
(2) The owners of property to be subdivided on existing streets shall dedicate to the city or county any additional right-of-way needed to comply with the minimum right-of-way widths for those streets as indicated in the Thoroughfare Plan. Where topography or design features necessitate additional right-of-way or easements to permit construction of a street to the established pavement width for such street, the Commission shall require the owner to dedicate to the city such additional right-of-way or provide such easement.
(3) The subdivision plat shall indicate proposed street names. Street names shall not duplicate existing street names, and may not be confusing to emergency personnel or others needing to locate addresses.
(4) Streets shall be laid out with due regard to topography, soil conditions, natural features, function, clarity of movement, and economy of street length. All streets shall be properly integrated with existing and proposed streets.
(5) New streets shall be extended to the boundary lines of the tract to be subdivided, unless topography or other physical conditions preclude such extension. Whenever practicable, the Commission shall require that streets be designed to provide connections to existing and future subdivisions.
(6) Subdivision streets shall be designed to discourage use by through traffic. Traffic calming measures shall be utilized within subdivisions. Such measures include but are not limited to traffic circles, frequent intersections, traffic control signs and markings, and medians.
(7) Permanent dead-end streets shall not be permitted. Stub streets shall be permitted only when such streets are to be extended as part of street pattern approved by the Commission. Where temporary dead-end streets extend along more than one lot, a temporary turn-around with a minimum radius of 50 feet and a minimum six-inch stone surface shall be provided.
(8) Half-streets shall not be permitted.
(9) Private streets shall meet the same standards and specifications as public streets.
(10) The Commission shall not approve any subdivision street intersecting with a state highway unless the developer provides written approval from INDOT for such intersection.
(11) The minimum right-of-way and pavement widths for streets shall be in accordance with the Thoroughfare Plan.
(a) Within the city limits, the determination of the particular typical roadway cross section shall be made in coordination with the Plan Commission, the Board of Public Works and Safety and the developer prior to submittal of the preliminary plat. When the Thoroughfare Plan indicates rights-of-way in excess of 60 feet in width with roadways in excess of 33 feet in width, including curb and gutter, the applicant may request in advance of the Plan Commission hearing that the Board of Public Works and Safety on behalf of the City of Seymour agree that the cost of the excess roadway (but not the cost of the excess right-of-way) shall be borne by the City of Seymour.
(b) Outside the city limits but within the extraterritorial jurisdiction, where primary, arterial and collector streets are located within subdivision the subdivider shall construct such street pavement in accordance with the requirements in the Jackson County Subdivision Control Ordinance. Where arterial or collector streets are shown within or abutting the subdivision, the applicant may request the Board of County Commissioners County to participate with the subdivider in the cost of street construction.
(12) The center lines of streets shall intersect as nearly at right angles as possible, but in no case at an angle less than 70 degrees.
(13) At intersections of streets and alleys or at intersections of streets, property line corners shall be rounded by arcs of at least 20-foot radii or by chords of such arcs.
(14) Intersections of more than two streets are not permitted.
(15) Horizontal visibility on curved streets and vertical visibility on all streets shall comply with Table 2 below.
TABLE 2
MINIMUM VISIBILITY STANDARDS | |||
Street Classification | Design Speed (m.p.h.) | Passing Sight Distance (ft.) | Stopping Sight Distance (ft.) |
Arterial | 50 | 1,800 | 425 |
Collector | 40 | 1,500 | 300 |
Local | 30 | 1,100 | 200 |
(16) Curvature measured along the centerline shall comply with Table 3 below.
TABLE 3
MAXIMUM CURVATURE | ||||
Street Classification | Design Speed (m.p.h.) | Maximum Degree of Curve | Maximum Rate of Superelevation (ft./ft.) | Maximum Radius (ft.) |
Arterial | 50 | 6.00 | 0.04 | 955 |
Collector | 40 | 10 | 0.04 | 573 |
Local | 30 | 19 | 0.04 | 302 |
(17) The tangent distance between reversed curves and the maximum grades shall comply with Table 4 below.
TABLE 4
TANGENT DISTANCES, MAXIMUM GRADES | ||||
Street Classification | Design Speed (m.p.h.) | Maximum Grade (%) | Minimum Tangent Between Reverse Curves | Maximum Radii Ratio for Compound Curve |
Arterial | 50 | 6 | 200 | 1.5:1 |
Collector | 40 | 7 | 170 | 2:1 |
Local | 30 | 8 | 135 | 2:1 |
(18) Minimum sight distances for vehicles from access points on driveways or at intersections onto adjacent roads shall be as shown on Table 5.
TABLE 5
INTERSECTION SIGHT DISTANCES | |||||||
20 m.p.h. | 30 m.p.h. | 40 m.p.h. | 50 m.p.h. | 60 m.p.h. | |||
2-lane | 2-lane | 2-lane | 4 or more | 2-lane | 4 or more | 2-lane | 4 or more |
300 ft. | 300 ft. | 350 ft. | 390 ft. | 520 ft. | 550 ft. | 700 ft. | 750 ft. |
(19) Streets shall be constructed in accordance with the standards of this section.
(a) Streets and alleys shall be completed to grades shown on plans, profiles and cross-sections prepared by the subdivider and approved by the Commission.
(b) The streets shall be graded, surfaced and improved to the dimensions required by the cross-sections and the work shall be performed in the manner prescribed by current INDOT standard specifications.
(c) Street pavement shall comply with Table 6 below.
TABLE 6
PAVEMENT REQUIREMENTS | |||
Street Classification | Rigid Pavement Thickness (inches) | Flexible | |
Pavement Thickness (inches) | Base Thickness (inches) | ||
Arterial1 | See note | ||
Collector | 10 | 4 | 10 |
Local or Alley | 8 | 3 | 8 |
1 Pavement thickness shall comply with INDOT standards. | |||
(d) For streets where the groundwater level is within five feet of the pavement surface, the subdivider shall install underdrains.
(20) Alleys are permitted for loading, unloading, and secondary access to property. The minimum alley width is 20 feet.
(F) Curbs and gutters.
(1) The developer shall install curbs and gutters in all subdivisions within the city, in all subdivisions within the extraterritorial jurisdiction having a gross density higher than two lots per gross acre, and in all subdivisions having streets that are extensions of streets having curb and gutter.
(2) The curbs and gutters may be of the following types:
(a) Roll type and curb and gutter;
(b) Six-inch vertical curb and gutter.
(3) Curb and gutter shall conform to the Indiana Department of Transportation Standard Specifications, or equivalent standards as determined by the City Engineer.
(4) The minimum grade of any gutter shall be .3%.
(G) Other installations. The subdivider shall be responsible for installing street name signs, traffic control devices, subdivision identification signs, and any other similar features shown on the subdivision plat.
(H) Landscaping. When a subdivision is designed so that rear lot lines abut a street, a landscape screen shall be provided along such street frontage. A landscape easement, at least ten feet in width shall be included on the plat.
(I) Easements.
(1) Each subdivision shall include appropriate easements for drainage and utilities. When located along streets, such easements shall have a minimum width of ten feet. When located along side or rear property lines or interior to any lot, such easements shall have a minimum width of 16 feet or eight feet on each side of the lot line. The Commission shall require larger easements when necessary for carrying out the purposes of this chapter.
(2) Easements shall have multiple functions wherever possible.
(3) Easements shall provide reasonable continuity from block to block.
(4) The Commission shall require easements for the maintenance of dams or other features when such easements are necessary to provide access for personnel and/or equipment to perform such maintenance.
(J) Intersections.
(1) Streets shall be laid out so as to intersect as nearly as possible at right angles. In no case shall two new streets intersect at an angle less than 70 degrees. An oblique street shall be curved approaching an intersection and shall be approximately at right angles for at least 100 feet therefrom. No more than two streets (four approaches) shall intersect at any one point.
(2) Proposed new intersections with an existing street shall, wherever practicable, coincide with any existing intersections on the other side of such street. Centerline offsets of less than 150 feet shall not be permitted, except where the intersected street has separated dual drive lanes with no median breaks at either intersection. Where new streets intersect collector or arterial streets, their alignment shall be continuous.
(3) Intersections shall be designed with a flat grade wherever practical. For intersections in areas with steep slopes, the developer shall provide a leveling area having a rate no greater than 2% at a distance of 60 feet, measured from the nearest right-of-way line of the intersecting street.
(4) Intersections shall be separated in accordance with Table 7 below.
TABLE 7
MINIMUM INTERSECTION DESIGN STANDARDS | |
Design Criterion | Standard |
Maximum Approach Speed | 25 m.p.h. |
Minimum Curb Radius | |
Subdivision - Subdivision | 25 feet |
Local - Subdivision | 25 feet |
Local - Local | 25 feet |
Local - Collector | 30 feet |
Collector - Collector | 40 feet |
Minimum Centerline Offset | |
Subdivision - Subdivision | 100 feet |
Local - Subdivision | 150 feet |
Local - Local | 200 feet |
Local - Collector | 250 feet |
Collector - Collector | 400 feet |
Collector - Arterial | 600 feet |
(K) Drainage and stormwater.
(1) Natural drainage patterns and natural stream channels shall be maintained wherever possible. Stream channels subject to the jurisdiction of IDNR shall not be altered without IDNR approval.
(2) The subdivider shall design and construct a drainage system to handle surface water from the entire subdivision and the drainage area of which it is a part. The system shall meet the minimum standards contained in this section.
(3) The subdivider shall prepare a drainage report addressing the existing and proposed drainage conditions and shall evaluate the ability of the proposed watercourse, channels, drainage tiles, farm tiles, storm sewers, culverts, and other improvements to handle the runoff. A registered professional engineer or land surveyor shall prepare this report, which shall contain the following:
(a) Estimates of the water entering the subdivision. Estimates shall assume that the upper watershed will be fully developed according to the current zoning ordinance (Chapter 157).
(b) Conditions of the watershed that may affect runoff, such as subsoil type, positive drainage channels, or obstructions.
(c) Quantities of flow at each pickup point or culvert.
(d) Description of major and minor drainage systems. The minor system will usually consist of but not be limited to storm sewers, drainage ditches, drainage swales, storm inlets or infiltration structures. The minor system shall be designed to handle a ten-year storm. The major system will usually consist of but not be limited to roadways, culverts, bridges, or overflow drainage ways. The major system shall be designed to handle a 50-year storm.
(e) The location of existing subsurface drainage tiles and a plan to preserve or relocate the tiles.
(f) Proposed facilities which may include holding lagoons, stormwater ponds, or infiltration facilities shall be prepared by a registered professional engineer and shall include data coordinating field tests with design assumptions and estimates of expected annual maintenance costs.
(4) The storm drainage system shall be separate and independent of any sanitary sewer system. The storm water drainage system shall be designed by the rational method or other method approved by the City Engineer, and a copy of the design computations shall be submitted with the plans. Inlets shall be provided so that surface water is not carried across or around any intersection, or for a distance of more than 600 feet in a gutter, or when the encroachment of stormwater into the street disrupts traffic. When calculations indicate that the curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and catch basins or inlets shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each lot and block.
(5) Drainage systems shall be designed so that there is no increase in the rate of runoff leaving the property in the subdivision after development. The City Engineer shall review the proposed drainage facilities and provide the Commission an evaluation as to whether the system is of sufficient size, based upon the provisions of the required construction standards and specifications, assuming conditions of maximum potential watershed development permitted by the zoning ordinance (Chapter 157).
(6) The applicant shall provide information regarding the effect of each proposed subdivision on existing drainage facilities outside the subdivision. Where it is anticipated that the additional runoff related to the development of the subdivision will overload an existing downstream drainage facility, the Commission shall not approve the subdivision until provision has been made for mitigating the drainage problem.
(7) The Commission may approve for subdivision areas that are not in designated floodway or floodway fringe areas but contain soils that are subject to flooding only if the subdivider fills the affected areas to an elevation sufficient to place building sites and streets two feet above ponding levels.
(8) Each block shall be adequately drained, whether through the streets or by use of a ditch, culvert, or other approved method.
(9) All roads abutting or included within property to be subdivided shall be provided with drainage systems in accordance with the standards contained in this chapter.
(10) Any disturbed or graded area shall be protected from erosion.
(11) The Commission may require retention ponds to regulate the flow at the outfall. If retention ponds are required, they shall meet the following criteria:
(a) The maximum volume of water stored and subsequently released at the design release rate by a proposed detention facility shall not result in a storage duration in excess of 48 hours from the start of the storm unless additional storms occur within the period.
(b) Emergency overflow facilities such as a weir or spillway shall be provided for the release of exceptional storm runoff or in emergency conditions should the normal discharge devices become totally or partially inoperative. The overflow facility shall be of such design that its operation is automatic and does not require manual attention.
(c) Proposed facilities designed with permanent pools shall have a water area of at least one-half acre. If fish are to be used to keep the pond clean, a minimum depth of approximately ten feet shall be maintained over at least 25% of the pond area. The remaining lake area shall have no extensive shallow areas, except as required by subsections below.
(d) Provisions shall be incorporated into facilities for complete interior drainage of dry bottom facilities, including the provisions of natural grades to outlet structures, longitudinal and transverse grades to perimeter drainage facility, paved/stone gutters, or the installation of subsurface drains.
(e) The side slopes of all detention basins shall be as level as practicable to prevent accidental falls into the basin and for stability and ease of maintenance. Side slopes of all detention basins and open channels shall not be steeper than 3:1.
(f) A safety ledge six feet in width is required and shall be installed in all lakes approximately 30 to 36 inches below the permanent water level. In addition, a similar maintenance ledge six feet in width and 12 to 18 inches above the permanent water line shall be provided. The slope between the two ledges shall be stable and of a material such as stone or riprap which will prevent erosion due to wave action.
(g) Danger signs shall be mounted at appropriate locations to warn of deep water, possible flood conditions during storm periods and other dangers that may exist. The location, installation, and maintenance of these signs shall be the responsibility of the land developer/owner unless responsibility is formally accepted by a public body.
(h) The Plan Commission may, upon recommendation of the City Engineer, require the developer to provide fencing if and of the following conditions are present:
1. The proposed facility cannot achieve the slope requirements as specified in item division (K)(11)(d) above or the safety ledge requirements specified in division (K)(11)(d) above due to restrictions in the depth of the existing outfall.
2. Adverse conditions are present (such as significant velocities or depths.
3. The pond would be installed in a location that poses a safety risk to children, elderly or disabled persons. This provision is not intended as a blanket requirement to install fences around all detention ponds in traditional subdivisions.
(i) If safety/security fencing is required, the fence shall be a minimum of six feet high and constructed of a chain link material or an approved equivalent. The fence shall be designed so as to allow access for maintenance and so as not to restrict stormwater flow into or out of the detention/retention basin.
(j) Maintenance of detention/retention facilities during construction and thereafter, shall be the responsibility of the land developer/owner. Assignment of responsibility for maintaining facilities serving one or more lot(s) or holding(s) shall be documented by appropriate covenants to property deeds and documented in sales agreements, unless responsibility is formally accepted by a public body.
(k) Provision shall be made to guarantee periodic maintenance to control weed and larval growth. Additionally, appropriate native aquatic vegetation shall be planted around the perimeter of the wet basin and the side slopes of the wet basin. The facility shall also be designed to provide for the easy removal of sediment that will accumulate during periods of reservoir operation. A means of maintaining the designed water level of the lake during prolonged periods of dry weather may also be required.
(12) Off-road drainage shall be extended to a watercourse or ditch of adequate size to receive the stormwater.
(13) Connection to a state drainage system is allowed only with written approval from INDOT. Connection to a county regulated drain is allowed only with written approval in accordance with the Indiana Code requirements for such drains. Connection to a county road ditch is allowed only with written approval from the county engineer.
(14) The Commission shall not approve any subdivision for which there is not adequate provision for maintenance of drainage systems. Such provision may include but is not limited to acceptance of the system by the Board of Public Works and Safety or County Commissioners or establishment of a lot owners association with responsibility to set and collect fees for drainage system maintenance. Roadside ditches shall not be filled without written approval of the City Engineer.
(L) Water supply.
(1) Where a public water system is available within 500 feet of any point on the boundary of the proposed subdivision, the developer shall install a public water system to serve the project. The system shall comply with the Great Lakes Upper Mississippi River Board of State Public Health and Environmental Managers Recommended Standards for Water Works. If the service provider requires a higher standard, the subdivider shall comply with such standard. Such system shall include fire hydrants and water lines of adequate capacity to serve such hydrants.
(2) The subdivider shall install fire hydrants with a maximum spacing of 500 feet from any residence and a maximum separation of 1,000 feet throughout the subdivision.
(3) The location of all fire hydrants and all water supply improvements shall be shown on the improvement plans, and all such improvements shall be installed at the cost of the developer.
(M) Sewage disposal.
(1) When a sanitary sewer system approved by the state is available within 300 feet of any point on the boundary of the property proposed for subdivision, the developer shall extend such sewer system to serve the entire subdivision. Such system shall meet the standards of the State. If the service provider imposes a higher standard, the higher standard shall apply. For purposes of this section, an available system is one with sufficient capacity that can be utilized via existing rights-of-way or easements and employing gravity flow or lift stations.
(2) The location of all sewer system improvements shall be shown on the improvement plans, and all such improvements shall be installed at the cost of the developer.
(3) When a sanitary sewer system is not available as specified in division (M)(1) above, the Commission may approve the use of private sanitary waste disposal systems. Such system shall be designed and installed in accordance with the regulations of the ISDH. Any septic system serving only an individual lot shall be entirely located on such lot. Two filter field locations approved by the Health Department shall be required. The septic system and both filter fields shall be protected from damage or disturbance during construction.
(4) Developers proposing to use private sanitary waste disposal systems shall provide a map showing the soil types within the subdivision.
(5) Alternative systems such as drip systems and constructed wetlands are permitted with proper approval from ISDH and are permitted only where an approved public sanitary sewer system is not available. Mixed systems are not permitted. When alternative systems are used, the developer shall include in the covenants a requirement that the lot owners association maintain the system. Such covenant shall be substantially similar to that contained in division (A)(4) above.
(6) The Commission shall approve a cluster or package system only in cases where no other sanitary sewer system is available and only after making a specific finding that a management arrangement is in place to ensure the continued effective operation and maintenance of the system. The developer shall provide to the Commission the following:
(a) Assurance that fees will be collected sufficient to cover the cost of operating and maintaining the system.
(b) Assurance that a person or firm of suitable qualifications will be employed to ensure continued proper operation of they system.
(c) Assurance that there will be continuous operation of the system in the event of a power outage or natural disaster.
(d) Assurance that all inspections and reports required by the ISDH or IDEM will be completed and that copies of all such reports will be provided to the staff.
(e) Provisions authorizing the city to collect fees and levy fines against the property owners singly and collectively in the event that the management arrangement is not strictly adhered to.
(N) Pedestrian system.
(1) For any subdivision with a density of three lots per acre or higher, the developer shall provide sidewalks on both sides of all new subdivision streets.
(2) When proposed subdivisions, as provided in division (N)(1) above, abut existing streets that do not have sidewalks, the developer shall install such sidewalks. If the property to be subdivided abuts only one side of the existing street, the developer shall be responsible for sidewalks only on that side.
(3) Sidewalks shall be separated from the curb by a grassed or landscaped area at least two and one-half feet in width.
(4) The sidewalks shall be constructed of Portland cement concrete pavement with a minimum depth of four inches and shall be in accordance with the requirements of the Americans with Disabilities Act and the Indiana Accessibility Code.
(5) Sidewalks shall have a minimum width of five feet.
(6) The Commission may permit alternative locations for sidewalks where such alternative design is justified because of topography, to preserve existing trees, or other similar conditions.
(O) Monuments and markers.
(1) Monuments and markers shall be placed so that the scored or marked point shall coincide exactly with the intersection of lines to be marked, and shall be set so that the top of the monument or marker is level with the surface of the surrounding ground. The developer shall install monuments and markers as required by this section.
(a) Monuments shall be set at the following locations:
1. At the intersections of all lines forming angles in the boundary of the subdivision;
2. At the intersection of street property lines.
(b) Markers shall be set at the following locations:
1. At the beginning and ending of all curves along street property lines;
2. At all points where lot lines intersect curves, either front or rear;
3. At all angles in property lines of lots;
4. At all other lot corners.
(2) Monuments shall be of concrete or stone with a minimum size of four inches by 36 inches, and shall be marked on top with an iron or copper dowel set flush with the top of the monument.
(3) Markers shall consist of iron pipes or steel bars at least 36 inches long and not less than five-eighths inch in diameter.
(4) The locations and types of monuments and markers shall be shown on the improvement plans. Such monuments and markers shall be maintained in the required locations during the development of the subdivision. Financial guarantees for such monuments and markers shall not be released until all other subdivision improvements have been completed and accepted by the City or County and shall be released only if the monuments and markers are in place at that time.
(P) Construction practices.
(1) All lots and other land included within a subdivision shall be graded in accordance with the approved construction plans. Except for land covered by buildings, included in streets, or where the grade has not been changed and natural vegetation not seriously disturbed, the land shall be covered with topsoil having an average finish depth of at least four inches. If the existing topsoil does not meet this depth requirement, the developer shall add a sufficient amount of topsoil to meet that standard. Topsoil shall not be removed from residential lots nor used as spoil but shall be redistributed so as to provide at least four inches of cover between sidewalks and curbs and between shoulders and right-of-way lines and shall be stabilized by seeding or planting.
(2) Seeding and planting shall be completed in accordance with standard nursery practices.
(3) When necessary to protect existing development, the Commission shall designate a construction entrance for the new subdivision. Construction signs and barricades shall comply with the Indiana Department of Transportation Standard Specifications.
(4) The developer shall employ best management practices as identified by the IDNR Rule 5 and shall adhere to the erosion control plan during construction and shall protect installations within the subdivision, such as catch basins and other drainage structures, from damage during construction.
(Q) Maintenance and ownership of common facilities and open space.
(1) Any common facilities or open space areas designated in subdivisions shall remain undivided. Ownership of open space may be by an undivided interest of each lot owner, by the lot owners association, or by a recognized land trust or conservancy, such as but not limited to the Nature Conservancy or the Trust for Public Land. If ownership is by a lot owners association, a conservation or open space easement in favor of the city or an established land trust or conservancy shall be established. Open space or recreation areas may be dedicated to the city only if the affected city agency agrees to accept such dedication. Common recreational facilities such as a clubhouse, swimming pool, or tennis courts shall be owned by the lot owners association.
(2) Any lot owners association that will have ownership of common facilities or open space shall meet the following criteria:
(a) The association shall be responsible for insurance and taxes on the facilities or open space. The association shall have the authority to place liens on the property of any of its members who fail to pay their association dues in a timely manner.
(b) The association shall have adequate staff to manage the common facilities, maintain its property in good condition, and handle the financial and business affairs of the association.
(c) The association shall prepare an annual report and provide a copy of the report together with a list of association officers to the Department.
(3) Any land trust owning such property shall be an incorporated non-profit organization having as a primary purpose the conservation of open space, natural areas, and/or agricultural land.
(R) Survey and plat preparation standards.
(1) All surveys shall be conducted and plats prepared in accordance with Rule 12 of the Indiana Administrative Code and any amendments thereto. In the event of any difference between those standards and this chapter, the stricter requirement shall apply.
(2) All plats shall be neat, legible, reproducible, and reducible.
(3) All plats shall contain a legend using standard symbols.
(Ord. 17, 2006, passed 11-27-2006)