HomeMy WebLinkAboutZ- 3 Subdivision Control
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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.
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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.
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'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:
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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:
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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:
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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.' ., ". ,.
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SUBDIVIDER:
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'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.
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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,
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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
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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
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and classification of existing and ptoposed p~blic str~ets;
highways and otlier'thoroughfares.
TOWN:
The Town of Carmel, Indiana.
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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.
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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:
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(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.
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(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.
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(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.
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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.
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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
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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:
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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.
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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',
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(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.
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; 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. '
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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.
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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.
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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,
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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.
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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.
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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
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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. "
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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.
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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.
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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
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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.
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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.
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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.
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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.
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TITLE VI. CERTIFICATES
Section 12. PLAT CERTIFICATES.
The following forms shall be used in final pla~s:
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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
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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-
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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
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State of Indiana )
) SS:
County of Hamilton )
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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:
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Tr~te~s of the T~~n of Carmel,
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President
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