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HomeMy WebLinkAboutZ- 3 Subdivision Control . . . SUBDIVISION CONTROL ORDINANCE CARMEL, INDIANA . ORDINANCE NO. 2-.3, AN ORDINANCE PROVIDING FOR THE CONTROL OF THE SUBDIVISION OF LAND AND THE APPROVAL OF PLATS AND REPL;TS OF LAND WITHIN THE JURIS.- DICTION OF THE TOWN OF CARMEL TOWN PLAN COMMISSION, AS A PART OF THE MAST.ER PLAN FOR THE TOWN OF CARMEL, INDIANA. \ , . Ii I' I NOW BE IT ORDAINED BY THE TOWN BOARD OF TRUSTEES CARMEL, INDIANA, UNDER AUTHORITY OF CHAPTER 174, GENERAL ASSEMBLY OF THE STATE OF INDIANA AND ALL THERETO. OF THE TOVlN OF ACTS OF 1947, ACTS AMENDATORY TITLE I. ESTABLISHMENT OF CO~TROL Section 1. No plat or replat of a subdivision of land located within the jurisdiction of the Town of Carmel T~wn Plan Commission shall be recorded until it shall have been approved by the Town of Carmel Town Plan Commission, and such a~proval shall have been entered in writing on the plat by the Prcisident and Secietary of the Commission. I TITLE II. DEFINITIONS Section 2. For the purpose of this ordinance certain terms or words used herein shall be interpreted or defined as follows: Words used in the present tense include the futu~e tens.. The term "shall~ is always mandatory. ALLEY: A permanent service 'way providing a .econdary me~~s of access to abutting lands. BLOCK: Property abutting on one side of a street, and lying between; the two nearest intersecting or intercepting streets. or betw.en the nearest intersecting or intercepting' street-and railr~ad right-of-way. waterway or other definite barrier. ~. ~.,.._....._,,_. , , . . . ", .'. '.. ... ..._......., ...~..>>_, _...._...___.....~ ~..' ~".....,,~ "... '_"'" ."",' " ......0.'...' ......,....-:......_:......;:. "'_~\""."'" .,..' ~~'....;. "..._.,..,~;' ~_'~"''''. ."" "'"""'\~'_.- ,,,M". .';"::.;.... "~' .' ". ,':'," , . " " . I ..):.> . 'r; .' ':-y " ; - '. :i~' " . ','" t-,:" ",:i' i . . ".. ,'l" ~. :"'r:;-.._.. ..-..-:..-.....-~..-:"::~ .. _.....:--.....,..~.~....'~ -- "\" . L,. . ~' '. - ,-,--''''-------'' .""".,......~.... ., ': 'BUILDING SET BACK LINE: The line nearest the front of and across a lot establishinQ the minimum open space to be' provided between the front line of buildings and structures and the front lot line. COMMISSION: The Town of Carmel Town Plan Commission. CUL DE SAC (Court or Dead End St~eet): A short street hav1ngone end open to traffic and being. permanently terminated by a vehi~le turn-around. EASEMENT: A grant b~ the property owner of the use of a strip of land by the public, a corporation, or persons, for specified purposes. LOT: i ; ;. i. i A portion of a subdivision, or other parcel of l_nd intended a.s a unit for tiansfer of ownership or for development. MASTER PLAN: ~'r! T~e complete plan, orpny of its parts, for the development of the Town, prepared by (he Commission and adopted in acc~rdance with Chapter 174, Acts~of 1947, General Assembly of Indiana, as is now or may hereafte~ pe in effect. PLAT: A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record. STREET: A right-of-way. dedicated to the public use, which affords the principal means of access to abutting property. A street may be designated as a highway, thorought~~e, parkway, boulevar~ road, avenue, lane, drive, place or other appropriate name. A street may also be identified according to type of use. as follows: i. -2- . . ~.,~._ _~_...'_h""""'-_='___.,_"_ __.... ......._.. "..,- '~'.,'-'~'-"_ -_._"'__ _ __(_ .._\_...~.. ~,.~: :~"" ,-.-,.....;......'"'t :"'........,-.....,-_...--..~. ". ..;-.. . . , .:.., '.;" " ',. i" ,~ ' " ' '; . , , . .ifl :o!_,,,,",,~...,,. _....---.....~....-. ~. ot~~ "/' . . . '" .' a. Arterial Streets are those designated for iarge volumes of traffic movement. Certain Arterial Streets may be classified as Business Streets. to serve congested busi~ess sections, and others as Limited Access Highways to which entrances and exft~ are provided only.at cont~olled inter- sections and ac~ess ii denied to abutting properties. b. Feeder Streets are important streets plann~d to facilitate the collection of traffic from minor s t r e e t s, and top ro v) de: c ir cui at ion wit h i n neighborhood areas and cbri~enient ways for traffic to reach arterial streets. c. Residential Streets are those designated primarily to provide access'te abutting properties~ Certain Res- ,idential Streets may be Marginal Access Streets parallcl to arterial streets~which provide access to abutting . pr'operty and ways. .f'or' traffic to reach access points on arteria 1 streets.: Other Residentia 1 Streets may be a cul~de-~ac, ~ sho~t .st~eet having one end open to traff.ic and beil)g perman~ntlY te~minated by avel1icle turn:-around.' ., ". ,. , , " SUBDIVIDER: i\<' 'Any person or persons, firm or corporation engaged in developing or improving a tract or tracts of land which complie s with the definition of a subdivision or defined in this ordinance. -{'>. SUBDIVISION: 1. The division of any parcel of land shown as a unit, part of a unit, or as contiguous units on the last preceding trans~ fer of property into twO or more parcels, sites, or lots, anyone of which is less than five acres in area for the purpose, whether immediate or fut'ure, of transfer of ownership, provided, however, that the division. or partition of land into parcels of more than five acres not involving any new streets or e?sements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be considered a subdivision; or, i: \ I' I 1. 2; The improvement of one or more parcels of land for residential, commercial, or industrial structures or groupS of structures involving the division and allocation of land as streetS or other open spaces for common use by - 3~ , . ._........,......."......... ......... ," .,.........,_..._ ......_......".........._.,_.._......, ............-.'...7....;. .., ....'---...,......." .:...-..... ,_......-,.-~...-......_......~. .... ,.. .., : :. .- . I i ;. ;,. d' i J .- ,,-,--_... I . 1, . . , , owners, occupants or lease holders or as easement's for' the extension ahd maintenance of public sdwer, waterj' storm drainage ori6ther public facilitles~ iTHOROUGHFARE PLAN: The part of the Master Plan, now'or' hereafter adopted which sets forth the location, alignment, dimensions, identification , , and classification of existing and ptoposed p~blic str~ets; highways and otlier'thoroughfares. TOWN: The Town of Carmel, Indiana. " I TITLE III. PROCEDURE Section 3. PRELIMINARY PLAT. Whenever the owner of any tract or parcel of land within the corporation limi~s of the Town of Carmel ~ishes to mrike a sub- division of same, he shall cause to be prepared a Preliminary Plat of said subdivision and shall submit three (3) copies of said Preliminary Plat along with other information described herein to the Commisiiori for its prelimina~y study and action. Section 4. PRELIMINARY CONSIDERATIONS. In order to make ~he most of the opportunities related to the subdivision and to conserve time, effort and expense, the owner or subdivider should consult with the Commission, and public o(ficials prior to the preparation of the preliminary plan' of the subdivision. The Master Plan should be reviewed to determine how the propOsed plan will fit into the Master Plan. Requirements of the Thoroughfare Plan, school and recreational sites; shopping centers~ ~ommunity facilities: sanitation, water supply and drainage; and relationship to, other developments, existing and proposed, in the vicinity, should be determined in advance of the preparation of the subdivision plan. Consultation should also be held with those familiar with the economic factors affecting the sub- division. A thorough estimate of the situation will result in sound decisions with respect to the form, character and extent of the proposed subdivision. No land shall be sub- divided for residential use unless adequate access to the land over improved streets or thoroughfares exists ot will be provided by the subdivider, or if such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage. objectionable earth and rock formation, topography or any other feature harmful to the health and safety of possible residents and the community as a whole. -4- ;.... ','" ..~..., .......:...,~.........~~.~,.....'.H,~ '':'";':' ~- ~_"--"'":"A~;.'_'''',,,~ ...__.~, --:-': :-.---- ._'.....,~ ,- .~'.-::"~7.....'..~.~...,.. ~~....~:,......_~~-~.-"":'"..~....,...........~'":"._.....-:.'..~;~~-:._,.....~ ''''-' .-: .... < ,', .. ,,',.. ; , ;'. .:.'~ ~ . 'i': ,. , ! , . , ' i, . tj'f , If'W"--"':-:; ....._....~ - "..,........._......RM.-,. / ( . .... . . '! Section 5. APPLICATION FOR PRELDlINARY APPROVAL A person or corporation desiring preliminary approval of a plat of a subdivision of any land lying within the juris- diction of the Commission, shall submit a written application therefore to the Commission. Such application shall be accompanied by the following information and plans: A. A Location Map showing: (1) Subdivision name and location. (2) Major thoroughfares related to the subdivision. (3) Public transportation lines. (4) Main shopping center. (5) Community or neighborhood st~res. (6) Elementary and High schools. (7) Parks and playgrounds. (8) Other community features. (9) Title, scale, north point and date; The location map need not be a special drawing. The data may be shown by notations on available maps. B. A Site Map showing: (I) Topographical data in one of the following forms, which shall be determined by the Commis~ion during preliminary consideration of the plan: " (a) A Contour Map with contours at vertical intervals of two (2) feet if the general slope of the site is less than ten per cent (10%). and at v~rtical intervals of five (5) feet if the general slope i~ greater than ten per cent (10%). (b) A Land Inspection Sketch showing terrain features, wooded areas, buildings and other natural or artificial features which would affect the plan of the subdivision. (2) Tract boundary lines, showing dimensions, bearings, angles, and references to sections, township and range lines or corners. (3) Streets and rights-of-way, on or adjoining the site, including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, curbs, side- walks, tree planting and other pertinent data. (4) Easements: Locations, widths and purposes. -5- ... _-:- ,p" '_"'~"~"_"".~'"_"'__"'~ '-:'__.._"W'_'~.''''''-_ ."....."'..._~..... .~__.____'__....."":.,.__.,_._...__.,_...4.._...__.~...._....~._-:-..,":..-----:":".~ -...- ~." .._, .. , .' .,. j.~ ,.,,~_._-..,..._.'....... ~"'-7-.----"'" . . v . ,,", ." . (5) Utilities. including sanitary and storm sewer. other drainage facilities; water lines, gas mains; electric utilities and other facilities. Size or capacity of each should be shown and the locations of or distance to each existing utility indicated. (6) Zoning of th~ site and adjoining property. (7) Existing or proposed platting of adjacent land. (8) Other features or conditions which would affect the subdivision favorably or adversely. (9) Title. scale, north point and date. C. A Preliminary Plan of the subdivision. drawn to scale of fifty (50) feet to one (1) inch or one hundred (100) feet to one (1) inch, provided however. that if the resulting drawing would be over thirty-six (36) inches i~ shortest dimension, a scale as ,recommended by the Commis~ion may be used. The Preliminary Plan shall show: (1) Proposed name of the subdivision. (2) Names and addresses of owner and subdivider and the city planner, land planning consultant; engineer or surveyor, who prepared the plan. "C' (3) Street pattern, showing the names (which shall not puplicate names of other streets in the,community) and widths of rights-of-way of streets, and widths of cross-walks, easements or alleys. (4) Layout of lots, showing dimensions and numbers. (5) Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or otber public, semi-public or community purposes. (6) Building setback or front yard lines. (7) Key Plan, legend and notes. (8) Scale, north point and date. Note: The information called for in items B. and C, above may be submitted as one or two maps or plans. -6- ';,; ,...._. ~.,_, _ ...... ,,_'_~"".'~"_ "'~""'."'''''''__~'''.''' ..,..... ,.. "'.,,._ ....,..."'..~._"'__... ."_._........_~_..,__,.~.,__'~..~......".~. ....,'".,......'r....."..,...~""_.~-_~:-':~...""...-.-.........._-_....-,...... " " ' " : ,. "'c,_, ;".' .' :' };. ') ., ':~. ' ., " I' .' , ; , r--.......-.......- " ...._.k---::-.~~::'.~.. ~_.,{." \. 1, . I ....-.,....... ~ . ,-_.. , . ::;;: .~~..~ . , " . . D. Engineering Plans showing: (1) Profiles, typical cross-sections and spepificptions fo~ proposed street improvements. (2) Profiles and locations and other explanatory data concerning the installation of sanitary and storm' sewerage systems and water distribution system. E. A description of the protec~ive covenant~ or private restrictions to be incorporat~d in the plat' of the subdivision. F. Information as to any agreements which have been entered into with t~e owners of other property within the heighborhood in which the proposed subdivision is located', as to general plans for the entire neighborhood. ,Reference should be made to the Master Plan for suggestion~ as to the general street pattern and design,of the neighborhood. Wher~ver possible all of the property owners within the neighborhood 'should endeavor to agree upon a general plan for its development, in order that each subdivision may be designed as an in~egral part of a well~ionsidered ove~lll pIa n. G. The application shall be accompanied by a certified check or money order in the amount of ten dollars ($10.00) plus twenty-five cents (25.) for each lot in the proposed sub- division with a minimum total charge of fifteen dollars ($15.00) to cover the cost of checking and verifying the proposed plat, and such amouni shall be deposited in the Genera 1 Fund. 'or Section 6. PRELIMINARY PLAT APPROVAL~ After an application for approval of a plat of a subdivision, together with two (2) copies of all maps and data, has been filed. the Commission shall review the Preliminary Plan and give its approval. or return the plan to the subdivider witb suggestions for changes. No application will be con~idered at a meeting unless it has been filed witb the Commission at least ten (10) days before the date of sucb ,meeting. After the Commission has given approval, it shall set a data for a hearing, notify the applicant in writing, and notify by general publication or otherwise, any person or go~ernmental unit having a probable interest in the proposed plat. The' cost of publication of the Notice of Hearing shall be met by the, a pp I i ca n to -7- , r" 8:~.'~;"--'- ,"'_._ ._........~"~,... ._. .......__.. ~"':~'_' ~".,__,,__ .__.... ~.._..._~_~;-__~.~.:-'_..._.,...._......._..'':"'___-: """-'1":'"'- o;-:............_-.--,.~.,-.-'_. - .- -: - .',' r~ , , ( ,~ , " :.>~ ;r q,' .' ' ,.. ~' '.', , ;' ..... .' j"l" :. " ; ,"";:", .0'- .~. j':' j.:. ", .;" I, :;;~ r:.':'r-..:..':~_... "'c" ---:...::..:::..;-;:.:-=-......~ .,.~--:--:..:;..---7-. . .', . . Section 7. FINAL PLAT Following the hearing on the Preliminary Plan, the Commission will notify the applicant in writing that it is ready to receive the final Plat, or will advise the applicant of any further changes in ~e preliminary plan which are desired or should hove consideration. The Final Plot shall meet the following specifica- tions: . A. The Plat may include all or only 0 port of the plan s~bmitted for approval. B. The original drawing of the plat of the subdivision sholl be drawn to a scale of fifty (50) feet to one (1) inch, provided that if the resulting drawing would be over thirty-six (36) inches in shortest dimension 0 scale of one hundred (100) feet to one (1) inch may be ~sed. Three block or blue line prints shall be submitted wi~h the ~rigtnal final plat. or, in order to conform ro modern drafting and reproducing methods, lettering may be applied to the final plat in a manner which will permit th~ plat to be reproduced by film litholoid or other suitable photographic process at the designated scale. and in such case three black line prints and a reproducible print sholl be submitted. C. The following basic information sh~ll be shown: " .. :~ 1. Accurate boundary lines, with dimensions and angles. which provid~ a survey of the tract. closing with an error of not more than one (1) foot in ten tho~sand (10,000) feet. 2. Accurate distances and directions to the nearest established street corners or official monuments, Reference corners sholl be accurately de~cribed on the plan. 3. Accurate locations of all existing and recorded streets intersecting the boundaries of the tract. 4. Accurate metes' a'nd bounds description of the boundary. 5. Source of title to the land as shown by the books of the County Recorder. 6. Street names. 7. Complete curve notes for all curves included in the plan. -8- ". "....-.......~.~.~"'~-,,. ! '.: ~ ._..-._",,~ ....._~:.- ._._---_.....:.._..-._~. ..-:-- ........ --..,,"~..-...._...-......_~~.._.:"'...... -.._,....",..._~.,--~-'-:-.~..--,,~..__......-.~_.., ....-_.... ,'- ... . .', .r,,' ,,'" 1"11.' t, '. . t~" ~.. \ 1.:" ,,: ,P, ~J . " " ",;, , .. ,_ 0 '.' ,..--...-;-..;...... .-.... ,....:-----......--;-....... i"~ 0" , ~ - - .. .....,. ....-..,-....... .-~..-.... . . . 8. Street lines with accurate dimensions in feet and hundredths of f~et, with angles to street, alley and lot lines. 9. Lot numbers and dimensions. 10. Easements for ~tilities and any limitations on such easements. 11. Accurate dimensions for any property to be dedicated or reser~ed for public, semi-public or community use. 12. Building setback or front yard lines and dimensions. 13. Location, type, material and size of all monuments and lot markers. 14.. Restrictions of all types wbich will run with tbe l.nd and become covenants in the deeds for lots. 15. Name of the subdivision, 16:' Name and address of the owner and subdivider, 17. North point, scale, and date. ~ 18. Certifications by a registered professional engineer or registered land s~rveyor, 19. Certificate for approval by the Commission~ TITLE IV. FINAL PLAT APPROVAL Section 8. When the final plat is submitted to the Commission, it shall be accompanied by a notice from the Town Board of Trustees stating that there has been filed with and approved by that body, one of the following; A. A certificate that all improvements and installations for the subdivision required for its approval have been made or installed in accordance with specifications; or B, A bond which shall: (a) Run to the Town Board 'of Trustees. (b) Be in an amo~nt determined by the Commission to be sufficient in ~mountto complete the improvements and installat,ions', in compliance with this' ordinance', -9- ~'~~"":"'-'~" ^ .... """" _..... ~ .......... "..___.~,_..~_. ~...,.......~._...~..."..,..,.'"........".,....,.. ....~~..., ._........_.. _._..... .",..'_.~,..~_.. ,....~.. _.__._ .~~"~':.'r'~'___~"<O_'~_'"'' .__.,.._, ...... .:. .;J, , ..':. .' .. " ".".' ',' " .....,.....-.--. ,..........._~-~_..-...... -_.._~.......:...~.......... ~, " d 5' . . . (c) Be with surety satisfaCtory to the Commission, and (d) Specify the time for the com~letion of the improve- ments and installations. C., After a public hearing and within a reasonable time after application for approval of the plat, the 'Commission shall approve or disapprove it. If the Commission approves, it shall affix the Commission's seal upon the plat to- gether with thr certifying signature of its president and secretary. If it. dTsapproves; it shall set forth its reason in its own records and provide the applicani with a copy. TITLE V. PRINCIPLES AND STANDARDS Section 9. The final plat of the subdivision shall conform to the following principles and standards of design: A. General. The subdivision plan shall conform to the principles and standards which are generally exhibited in the Master Plan. B. Streets. ! ~1 '" ; 1. The street and alley layout shall provide access 'to all lots and parcels of land within the subdivision, and w her est r e e t s c r 0 s sot her s t r e e t s', j og s s hall not be created. 2. Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient. 3'. Certain proposed streets, where appropriate, shall be extended to the boundary line of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity. ' ;' 4. Wherever there exists a dedicated or platted portion, of a street or alley adjacent to the proposed sub- ' division, the ~emainder of the street or alley to the prescribed width shall be platted within the proposed subdivision. ;' -10;, l ":. ._~ ......._.~_.,.... ..~_.:-_.._~.....~.~..__._..~_..-:-..H.._...__ _.. ....~_.. ---:f.~""."",-"-' _".._.H..."':_....., "',":-:- ..~._~.....:-'~.,~---_......... "-"~: ... ~ . :~, " ' ~ ' ,~ :.' .':,"' ( .. , , , , , ,.: ~'; ; . ' , " :x; .....-..-..--.---..... ,.... ,.:..-_..__._~- , , . .....,~ ...-.....-'"'~'. .. . 5~ Widths of arterial streets shall conform to the widths specified in the Thoroughfare Plan. 6. The minimum right-of-way of feeder streets shall be sixty (60) feet and of residential streets, marginal access streets or cul-de-sacs, shall be fifty (50) feet. All cul-de-sacs shall terminate in a circular right-of-way with a ~inimum diameter of one hundred (100) feet. 7. Alleys shall be discouraged in residential districts but should be included in commercial and industrial areas where needed for loading and unloading or access purposes and where platted, shall be at least twenty (20) feet in width. 6. The center lines of streets should intersect as nearly at right angles as possible. 9. At intersections of streets and alleys, property line corners shall be Tounded by arcs of ai least twenty (20) feet radii or by chords of such arc~. 10. At intersections of streets the property line corners shall be rounded by arcs with radii of not less than fifteen (15) feet, o.r by chords of s~ch arcs. "'. . 11. If the smaller angle of intersection of two streets is less than sixty (60) degrees, the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Commission. 12. Intersections of more than two (2) streets at one point shall be avoided. 13. Where parkways or special types of streets are involved, the Commission may apply special standards to be followed in their design. 1 4 . VI hen eve r the pro p 0 sed sub d i vis ion con t a ins 0 r i sad j a c e.n t to a railroad right-of-way or a highway designated as a "Limited Access Highway" by the appropriate highway authorities. provision shall be made for a Marginal Access Street, or a parallel street at a distance acceptable for the appropriate use of the land between the highway or railroad and such streets, -ll- .,..." '0'" ,,"~. .._.,_.__. _..,_,,__.._. .._... ....... . ..__, .~ ....~ ....,...___".. ..M__.... "..' 'I'....~ ,..._...-.-..."~..,,. ... -- "._.:'~;-"-."-r'" ~ -, ~.._......~.... .' " . , .'l :: v ')', It 7:.- :;; _.......~.., ...,.,....,.... "'........-.-......-......'- . .... ~. ,', ..._~... -'. . 15. Ilodzontal visibility on'curved streets .and vertical visibility on all streets must be maintained along the cent~r line as follows: (a) Limited Access Highway: Commission but generally hundred (500) feet. To be determined by the not less than .five (b) Arterial Streets and Parkways: Four hundred (400) feet. (c) Feeder and Residential Streets: One hundred fifty (150) feet. 16. Curvature measured along the center line shall have a minimum radius as follows: (a) Limited Access High~a~s: One thousand (1000) feet. (b) Arterial Streets: Five hundre9 (500) feet. (c) Parkways: Three hundred (300) feet; (d) Feeder and Residential Streets: Two hundred (200) feet. 17. Between reversed curves on arterial streets a tangent of not less than one hundred (100) feet shall be pro- vided and on feeder and r~sidential streets such a ta~gent shall be not less than forty (40) feet. 16. Maximum & Minimum Grades: (a) Arterial streets, not greater than six (6 ) per cent. ( b) Feeder and residential streets and alleys, not greater than eight (6) per cent, (c) The minimum grade of any street gutter shall not be less than three -tenths (0.3) .per cent. C. Blocks. 1. Blocks shall not exceed twelve hundred fifty (12~0) feet in length. -]2... j~.i, ',' ._____W;___....._._M--,-n__.__-:'........_._..._..: -... ".~ ~.~._._..-..'..,.~._-.....-......_~,..._..,.,.~-.._.~-..~,- . . - . '",.' I ;:1 , ;',' " ... ,. . ie, " .,'. .' _c~=..+.,. .... '-... I.:'" .:J/ . .' . 2. Blocks shall be of sufficient width to permit two tiers of lots of appropriat~ depth except where an interior street parallels a;Limited Access Highway or an Arterial Street of a Railroad Right-of-Way. D.Lots. 1. All lots shall abut on a street. 2. Side lines of loti shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from'this rule is permissible, but pointed or very irregular lots should be avoided. 3. Double frontage lots sbould not be platted, except that where desired- along Arterial, Limited Access Highways or streets, lots may face on an interior street and back on such thoroughfares. In that ~vent a planting strip for a screen, at least twenty (20) feet in width shall be provided along the back of the lot. 4. Widths and areas of lots shall be not less than provided in the Zoning Ordinance for single-family dwellings for the district in which the subdivision is located, except that when a water main supply system or a sanitary sewer system are not available, the lot area necessary to install a private water supply or private sewage disposal on the lot in accordance with the State Board of Health regulations shall become the r.quired minimum lot area. ~; 5. Wherever possible, unit shopping centers, based upon sound development standards, should be designed.iq contrast ~o the platting of lots for individual commercia i use. 6. Corner residential lots shall be wider than normal in order to permit appropriate setbacks from both streets. E. Easements. Where alleys are not provided, easements for utilities shall be provided. Such easements shall have minimum widths of twelve (12) feet, and where located along lot lines, one-half the wi1th -13- ,(' .................-.. , /' ,~~-' . ...-.." ......;- ~~--_._-'...,..._.~.. --..--.,..-_._.--,..,....._._~.-._._.--_.~-~~-~_.""--_.,-'--_._..'...~-_.:-"~._-_._--_...,. ".. , -", ~" , .r, .' , . , ", \ " " ~ :~. , , , , ,,. ,': " :JO --r-,...----....---:I.. --.--.'.......--......... . . . shall be taken from each lot. Before determining locations the plan of easements shall'bediicussed with the local public utility companies to assure tbeir prdp~r placing for ,the installa- tion of such services. ' F. Building Setback Lines. Shall be as pr~vided in th~ Zoning Ordinance or as the Commission may determine, but in no ~ase shall it be' less than twenty (20) per cent of the lot ~epth. G. Public Open Spaces. Where sites for parks, schools, playgrounds or other public uses are located within the subdivision area as shown on the Master Plan, or where suc~ sites appear to be desirable, the Commission may request their dedication for such pur- poses, or their reservation for a period of one year following the date of the final approval of the plat. In the event a governmental agency conce~ned passes a, resoiution expressing its intent to acquir~ the land so reserved, the reservation period shall be extended for an additibnal six (6) months. H. Variance. Where the subdivider can show that a provision of this Sec- tion would cause unnecessary hardship if strictly adhered to and where, in the opinion of the Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroyingt~ intent of such provisiori, the Commission may authorize a varianc~. Any variance thus authorized is required to be entered in writing in the minutes of the Commission and the reasoning on which the depa~ture was jus(ified shall be set for~h. Secti'on 10. The final plat of the subdivision shall conform to the following standards of improvements: A. Monuments and Markers. 1. 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. " -14- ~-,~,,,.,..,,... .~. ___ ,'_ .... " ",,,_,_,,,_,,__'.~',,,,:"'__'_""'___"'..""'_._"~'~__,'.'_._._.,_...____.. ._~,..-_...-...-. .,."._.......~__~,...__.._._..J...... .,,-' ", ~. .. P ,I'" " . . "". '. ' f." f',.,I ,'0' }~ , " ".i"" I, ;, ,~ '. ,.....__.__. "_M'_'+"' " r'...:..n"":-.--~""', : I .' . " ._J'., :,....". ." ,', . . . 2. Monuments shall be set: (a) At the intersecti on of all lines forming angles in the boundary of the subdivision; (b) At the intersection of street property lines: 3. Markers shall be set: (a) At the beginning ~nd ending of a II curves a Ion g street property lines; ( b) At all poi n t s. where lot lines 'intersect curves, either fr on t or rear: (c} At a II angles in property lines of lots; (d) At all other lot corners. 4. ~onuments shall be of concrete or stone with a minimum size of four (4) inches by four (4) inches by three (3) feet and shall be marked on t~p either with an iron or copper dowel set flush with the top of the monument or a cross scored deeply on top. Markers shall consist of iron pipes or steel.bars at least three (3) feet long, and not less than five-eights (5/8) inch in diameter. B. Streets. Streets and alleys shall be completed to grades show~ ori plans, profiles and cross-sections prepared by the sub- divider and approved by the Commission. The streets shall be graded, surfaced and improved to the t~e dimensions required by the cross sections and the work shall be perfurmed in the manner prescribed in "Standard S?ecifications for Road and Bridge Construction and ~aintenance -- 1957"of the State Highway Commission of Indiana. References in the following paragraph refer. to the S.H.C, of I.. Standard specifications. All su~facing shall be approved by the Street Commissioner of the Town of Carmel. As a minimum the streets shall be surfaced to a width of thirty~one (31) feet except that marginal access streets or cul-de-sacs may have a surfaced width of not less than twenty-eight (28) feet. -15- __..._~._....._....~~..u~_.__ .__.....,_._~.,~..~.__. .. .~..,__... ...~~_..._._..._' ., ...~h'~'_"'_"__'_'''_.~_~.~'~__'-__'_ -~.----...~.""_. i," " :;-~ '" 7...'1 r'.'~'-".+--' -"~'!, . r"'--:~-~.'~"-"""':-'~ " . . . . The streits are to b. constructed with Plain Portland .Concrete having a 7~1/2" - 5" - 7-1/2" thickened-edge balanced design or ~ 6" uniform thickness in accordance wi th Section 01, or' a flexible. .type pavement with 2" subgrade fine aggregat., and 6" w~{er bound macadam base. Section C2, and 3" of bitumlnouJ coated aggregate surface Section 04. ' Prior to placing the street surface, ~dequate su~-~urfac~ drainage for tbe street shall be provided by the sub- divider. Sub-surface drainage structures such as cross- over pipes, etc. when required, shall be not less than twelve (12) inches in diameter; Upon the completion of the street ='rl .a 11 e y imp r 0 v e men t s, pIa n's and pr'o f i 1 e s a s b u i It s h a 11 be' filed with the Commission. ' C. Sewers: The subdivider shall provide the subdivision with a complete sanitary sewer system, which shall connect with a sanitary sewer outlet approved by the County Health Department, except that when such approved outlet is not available, one of the following methods of sewage disposal shall be used; (a) A complete sanitary sewer system to convey the sewag. toa treatment plant, to be provided by the sub- divider in accordance with minim~mrequirements of the County Health Department. (b) Private sewage disposal system on individual lots ~on- sisting of a septic tank and tile absorption field or other approved sewage disposal, system, when laid out in accordance with minimum standards of the County Health Department. i , I , ,I The plans for the installation of a sanitary sewer system shall be prepared by the subdivider and approved by the County Health Department. Upon the completion of the sanitary sewer installation, the plans for such system as built shall be filed with the Commission. In this paragraph "C", Sewers:, and the next paragraph "0". Water:, the ph:rase "the subdivider shall provide" shall be interpreted to mean that the subdivider shall install the facility referred to, or, whenever a private sewage disposal system or an individual water supply is t 0 be pro v ide d, t hat th e sub d i vi de r s h a 11 r'e qui r e, a s a condi~ion of the sale of each'lot or paicel in the sub- division, that the f~cilities ~eferred W in these I , , I ~ . I , I -16- . , . .~_. _-,,~,~'''._ _._,.._~,. .._... ~ .~,._, ..~., . '. ":....._.,..':"'''_ _~.._._. . ..~,.:.. ~_. ,...~..._ :.- " ..,.. '...,..~ ~- .-- ~~'''''---;;7-;",::......-.."t "., --.;,"..,,~... .n.~-:--~"" ,- .'.-"., ,-.,. ....:.... . _._.._~..... ~.;.;, . ': " ' " , ' , i ':', " ; . i~ ' '. !' '';1 ,., , I I I ;'1' ;:1, " .,': . ~ ,~ -. .--.-.-.':"...... ......_. ~..... .-. ,....,",.,-,..,..._..~..- , ; . . . paragraphs shall be inst~lled by the developer of the l~ts inaccordancewlth these regulations. D. Water. The subdivider shall provide the subdivision with a complete water main supply system, whi6h shall be connect~d to a municipal or community water supply ~~pro~edCby the County Health Department, except, that when such municipal or community water supply is not available, the subdivider shall provide an individual water supply on each lot in the subdivision ~n' accordance with minimum requirements of the County Health D~partment. The plans for the installation of a water main supply shall be prepared by the subdivider and approved by the County Health Department. Upon the completion of the water supply installation, the plans for such system as built shall be filed with the Commission. E. Storm Drainage. The subdivider shall provide the subdivision with an adequate storm water sewer system whenever the evidence available to the Commission indicates that the natural surface drainage is inadequate. When the surface drainage is adequate, easements for,uch surface drainage shall be provided. "! F. Curb and Gutter. The Commission shall requfre curb an~ gutter to be installed on each side of the street surface. The curb and gutter shall be of one of the construction types shown in Figure 1 and shall be constructed a6cording to the following specifications: 1. The base for the curb and gutter shall be.well compacted on the existing base or grade. 2. The minimum specifications shall be as:shown for the two types of cross-sections in Figure 1. 3. State Highway specifications fo~ Class D. concrete must be met. i. -17- _... '_.' .....'.. ,. .. .., .___"',_ .._ ..__.,., .....~u_.___..._._.y..,.,~,...~ ._.._~._' ..,,~__,.........,~.. .~...._...~.- "'_'_h~"'~\_"_~""'~-:'_'''''''''''_~'_~:~''.''''''''~''''.'''~''' .-..-....-......,-. ,." -- .... .,.. r~ -' .: .' 'i' ; .' , .,," 1\ .. ,.", , ~. ~ :,..' ~." I ;::i ...... '.' ~ ...~... ,...-". ..""....~.. ,." '...'.1'.,.,.."._.......,..,.... ",' ,"" - . . . G. Sidewalks. The installation of sidew~lks are optional to the Sub- divider., 'If installe'd, sidewalk's shall be constructed of Portland Cement Concrete, at fe'ast four (4) inches thick and four (4) feet wide a~d placed rine(l) foot from the street. property line. H. Street Signs. The subdivJder shall pro~idethe s~bdivision with standard town street signs at the intersection' of all streets. ..' 1 I. Street Lights and Fire Hydrarits; The subdivider shall provide thes~bdivision with street lights and fire hydrants at stree~ intersections,. Additional street lights and fire hydrants may be required by the Commission. Section 11. IMPROVEMENT CREDIT PROCEDURE. Improvements required in Section 10 of this ordioo nce to be installed by the subdivider, which are of a public utiliti nature--specifically subsections C, D, ~nd E thereof-~may provide benefits to other properties in the vicinity of the l~nd ~o be subdivided. Upon the installation of such improvements which cross or adjoin'other properties and can be used by such properties, the subdivider and the Town may by contract agre~ that upon the connectio~ or use of the instillations made by the sub- divider by others, within a period of ten (10) years following thei r insta lla ti on, the new uses or users sha 11 pay to the Town a fee in an amount agreed upon by the subdivider and the Town, the amount of such fee to be credited to and paid to the ~ubdividei. i, , TITLE VI. CERTIFICATES Section 12. PLAT CERTIFICATES. The following forms shall be used in final pla~s: . ' .J , I I i i CERTIFICATES A. UNDER AUTHORITY PROVIDED By CHAPTER 174- ACTS OF 1947, ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO. AND AN ORDINANCE ADOPTED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN OF, v -18-:- '" . _ . .._.~'_M ..._..~ _....".,....-,-..__._~_.__~.~..'.~.._..__.._.. ............._. .._._._._..,_,_.....,.___._._~_~....;~.-.._._,...":"-......-_.....,~..':,_.,..:-'......--..~---_..-.-.'.._-_... 'M"'_ ,0' . . . '. .,' " , ~ . ,. .'- . , , " . , . ',' , " (: " ,~ ,'" - i ','. ( ".i ,,' :"J . \' , , I' .' , _.--~~'---- - " , .,. .....-.....~,_.....-...~. . . . CAi1.1EL, INDIANA, THIS PLAT WAS GIVEN APPROVAL BY THE TOWN OF CARMEL, AS FOLLOWS: Approved by the Town Plan Commission at a meeting held , 19~. President Secretary B. Each final plat submitted to the Commission for approval shall carry a certificate signed by a Registered Professional Engineer or Land Surveyor in substantially the following form: "r, (nam~) , hereby .certify that I am a Professional Engineer (or a Land Sujveyor), licensed in compliance with the laws of the State of Indiana; that this plat correctly represents a survey completed by me on ( rJ a t p ) ; t 11 a tall the m 0 n u me n ts s how n th ere 0 n actually exist; and that the location, size, type and material are accurately shown. ( S EAL ) (sign::ltIITp.) C. Each final plat submitted to the Commission for approval shall carry a deed of dedication in substantially the following form: 1);/ . "We the undersigned, owners of the real estate shown .and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the within plat. This subdivision shall be known and designated as (nnae) an addition to __ (n8~) ~ an addition to Infima) All streets and alleys shown and not heretofore dedicated, are hereby dedicated, to the public. Front and side yard building setback lines are hereby established as shown on this plat, between which line. and the p~operty lines of the street, there shall be erected or maintained .nobuilding or structure. -19- ",' ...-...--.....'t".. .._ '''_,n ".__,_,_~"'_.":",'~'~-_~_'__""""___7,_""" _..M.._......_____ _.. ...:--..~.-.-.-_:....---.-:' :_":'....'..._d..""'1,.....__......-._-_.-._-~ ~ ,0"., .':' ~ ,,' .' " , . , I . , .. 11 ~l , .::.. ". , ' lJ ~' .....- ...~...--.-.....,.".,-- ~~"";'" ........'~....-_.~... - . . . There are strips of ground (nllmb,;-t) feet in width as shown on this plat and marked "Easement" reserved for the ~se_:of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subJect at all times to the proper authorities and to the easement herein reserved. No permanent or other itructures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall fake their titles subject to the rights of the public utilinies. (Additional dedications and protective covenants, or private restrictions, would be inserted here upon the subdivider's initiative or the recommendations of the Commission; important provisions are those specifying the use to be made of the property and in the case of residential use, me minimum habitable floor area.) The foregoing covenants, (or restrictions), are to run with the land and shall be binding on all parties and all persons claiming under them until January I, 19__, (a twenty-five (25) year period is suggested) at which time said covenants, (or restrictions) shall be automatically extended for successive periods of t en (10) years unless changed by vote of ,a majority of the then owners of the building sites covered by these covenants, or restrictions, in whole or in part. Invalidation of anyone of the fore- going covenants, or restrictions, by judgement or court order shall in no way affect any of the other covenant~ or restric~ions. which shall remain in full force and effect. The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part mereof erected or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and tO,their heirs and assigns. " Witness our Hands and Seals this ~pay of 19__ '. .. . '., '. .... '~i. ,", c' ... ,,'- " !. : ,-20- ..,' ". ~~~".......~...::-_., ,._...,.. _.. . _.~#...;...."':'......~: .~---::..:--......,......:....;---_.-:;~,-:...-:._------::-~~._._..'r-._.--.~~____:"'_.....',~~,,;,~_,"':'~.~__._..._:-_.n.~_.._" """ .-,.., j. " " 1.' 'I~' 'Ti \.' ":.' . 'l: .1 , ., " ;1; ;." , '.'. ',- . " "Z,: " '.;' ',"' -',' " ", 'I . ,': . ',-. . .' ,-.'- . ~, ,- , ,. ".- i,~. . ,.:: ~ ' ;'. ,~\: . , " ,. " , ' ~ ~..",-",.",,"''''''':''''''-'.'- , . . .._.~.~.,..,...~_.;,.' -". , . " " ~~. .. ')".'-' ',' '" "," ; ;:':""',---..,..- . , t..'. , . :C'" .,:',' f~t --.--... . State of Indiana ) ) SS: County of Hamilton ) . . Before me the undersigned Notary Public, in and for the County and State, personally appeared (~~e) -i.:lamr>) .' (name) , and each" separately and severally acknowledge the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed. Witness my Hand and Notarial Seal this day of 19__ :1, TITLE VII. Secti on 13. VALIDITY. Notary Public VALIDITY & ADOPTION If any title, section. clause, provision or portion of this ordinance shall be held to be invalid or unconstitutional by any court of compete'ntdurisdiction, such decision shall not affect any other title, clause, provision or portion oi this ordinance. Section 14. ADOPTION. This ordinance shall be in force and effect from and after its passage. Passed by the Town Board of Indiana,' on the /4,:-: day oJ ATTEST: );,,-/'~ . (.....~.:>> ' , ,", .. .- _.... .....[...........- ...... -t.......i.......~ (~'vU Clerk-Treasurer " .' '" . ,.) Tr~te~s of the T~~n of Carmel, ,-"1.:.0' ,19.J;..iJ t1 .f / /' ;:;f,..// u{'~'''~, L',.,,/ President -21- _.". .. ...00' ,.~_-:.--:-.._'~. --"-',":-"'-'"'' . .........-;...,....."i ..,...-'" ...-. -"-'--"'-'''~''''-''''''--;;'''' ...\ .. . ..' " ." I' - ' ..., ' I ";'i " i " ~ ; . 1\ ....-..-.--........-.... ,,_'0':',;' . ' '" .'.. I' ",:.,' 7-'), . .-~~""~"'-'~-