HomeMy WebLinkAboutSubdivider Agreement Forms CITY OF CARMEL SUBDIVISION CONTROL ORDINANCE
9.06 Subdivider Agreement Forms.
9.06.01 The following agreement shall be included as a submittal with the final plat approval application:
AGREEMENT
The developer shall be responsible for any drainage problems, including standing water, flooding and
erosion control, which arise or become evident at any time during the 3 year maintenance period after
the release of the subdivision bond, and which is attributable to a deficiency in subdivision drainage
design or construction of drainage improvements. This shall include all pipes, structures, swales,
ditches and ponds which are pertinent features to the proper drainage of the subdivision.
This responsibility of the developer shall not, however, include problems which are created subsequent
to the completion of the subdivision improvements by the improper grading by individual builders or
structures and improper grading installed or accomplished by individual homeowners.
It is the intent of this agreement that the developer shall specifically provide such sub surface drains, or
storm sewers or ditches, as are required to properly rectify any drainage problem or sub surface water
problem which was not contemplated in the original approved subdivision design, including, but not
restricted to, disposal of sub surface water from footing drains of individual lots.
ROAD IMPROVEMENTS: The typical agreement for existing contiguous Hamilton County Roads
which are substandard, with Hamilton County is:
The developer will put in 12 -inch stone base to the required width of the road, and grade the shoulders
to a minimum of 6 feet width and construct proper side ditches, or, provide storm sewer and curbs.
This will be the black top grade during construction of subdivision. Then the county will come in and cut
our 3 inches and put in 3 inches binder asphalt after which the developer will be responsible for 1 inch
of asphalt topping. This is being done as joint projects between county and developer. An agreement
shall be executed, in writing, between the developer and Hamilton county specifically detailing the exact
work to be accomplished by the developer and that to be accomplished by the County, and shall also
state the road or roads or portions thereof which are included. If the subdivision is contemplated to be
annexed to the City of Carmel, then the agreement shall include the City of Carmel Board of Public
Works as a signatory, which shall be for the purpose of the City of Carmel agreeing to accept the
maintenance and operation, the improved road facility upon completion of said improvements and
c mpletion of annexat'•n.
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Chapter 9: Plat Certificates, Deed of Dedication
9 -6
as adopted per Z -160; as amended per Z- 486 -06
Spring 2006 vl
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Blackwell Park Tree Preservation Plan
During the site and home construction phases of the Blackwell Park development,
the Developer and Builder shall endeavor to preserve existing established trees at
the edge of road right -of -ways, common areas, and on a lot -by -lot basis within
platted lots. The following standards for tree protection will be used to
accomplish the preservation of trees.
The following site specific strategies will be used during construction on the site:
Tree Expert. The Developer shall engage an Arborist to determine which trees
are viable for preservation based on proximity to work.
Site Construction. The Developer, the Site Contractor, the Arborist, and the
Builder shall meet on the site to discuss tree protection and maintenance prior to
the commencement of site construction.
a) Orange construction fence shall be placed around trees that have been
indicated for preservation by the Arborist in addition to the "fence
placement for site construction" exhibit.
b) Consideration shall be given when installing utility laterals to avoid
preserved trees.
c) The Developer shall work in conjunction with the city engineer to
attempt to create a storm water storage facility in the common area that
considers preservation of existing groupings of trees.
Tree Preservation Objectives for Individual Lots. The builder /developer, in
conjunction with their Arborist, shall review each lot prior to construction to flag
each substantial tree or groupings of trees that shall be preserved. The builder
will use the BMP's outlined in this document during home construction for trees
indicated for preservation on the individual lots.
a) Protective Fencing. Protective fencing shall be installed to clearly
define trees that have been indicated for preservation by the Arborist.
Prior to commencing construction, temporary orange construction
fence shall be installed around areas to be left undisturbed.
b) Wash Out Area. Any "wash -out" area for trucks shall be located
away from preserved trees, as approved by the Engineer.
c) Tree Removal. The Developer shall not remove any tree that is
designated for preservation.
The Developer shall avoid the following:
i.) Placing backfill in protected areas.
ii.) Felling trees into protected areas.
iii.)Driving construction equipment into or through protected
areas.
iv.) Stacking or storing supplies in protected areas.
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d) Removal. After construction has been completed, protective fencing
and all surplus construction material shall be removed from the site in
a manner that will not cause damage to preserved trees.
e) Clean -up.
i.) The Developer shall clean up all work areas.
ii.) Grades shall be restored, stabilized, and blended into the
adjacent areas.
iii.) The Developer shall haul away all debris, excess dirt and
construction materials and dispose of off -site.
iv.) The Developer shall seed all disturbed areas according to
the instructions from the Certified Arborist.
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,1g�� 4721 E. 146th Street Carmel, IN 46033 317.846.1935
Jl�1� l Vll treeconsultant @vineandbranch.net
Inc
Arboricultural
Horticultural
Consulting Services Consultants to the Professionals!
August 28, 2009
Blackwell Park Development Partners, LLC
Jeff Langston and Justin Moffett
1132 S Range Line Rd 200
Carmel, IN 46032 -7566
To Whom it May Concern,
I have visited the site of Blackwell Park with partners Justin Moffett, Jeff Langston and consultants Jim
Langston and John Edwards. It is a fully wooded property that consists of silver maples (Acer
saccharinum), black cherry (Prunus serotina), Austrian pine (Pinus nigra), sugar maple (Acer saccharum)
some hickory (Carya var.) and hackberry (Celtis occidentalis). This is not, a pristine woodlands, with
huge magnificent virgin timber but a regenerating woodlands in moderate condition.
Blackwell Park is a minor subdivision with homes planned at moderate selling prices. The roads,
detention area, utilities and lot sizes are set leaving little room for change. Therefore I think that this is
a perfect project to do a hands on, /ot by /ot, tree preservation plan. To perform this I have been
contracted to meet with each property owner, and builder prior to construction to determine which trees
can be preserved and which should be removed.
I have experience with Jeff Langston and Heartwood Builders and have a good working relationship
spanning over a seven -ten year period as he has built homes in Brookside and Glen Oaks where we had
a Tree Preservation Plan that called for site by site Tree Preservation Planning.
I will be present at the Subdivision meeting Tuesday September 2, 2009 to answer any questions.
Sincerely,
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Judson R. Scott r
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President, Vine Branch Inc -y
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Registered Consulting Arborist #392
American Society of Consulting Arborists