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HomeMy WebLinkAboutCorrespondenceON-SITE EVALUATION FOR EROSION AND SEDIMENT CONTROL Hamilton County Soil and Water Conservation District 1108 South 9th S~'eet, Noblesville, IN 46060 Email atiohn-south(&iaswcd.or~, Ph: 317-773-2181 Fax: 317-776-1101 Date: 11-19-03 Project Name: Cherry Tree Estates Sec. 1 Present at Site: John South, Hamilton Co. SWCD This Report Provided To: Mr. Tim Walters Platinum Development 9551 Delegates Row Indianapolis, IN 46240 Dave Held '/ Valenti-Held Construction Carmel DOCS Surveyor TYPE OF EVALUATION: ~ Initial X Routine ~ Follow-up ~ Complaint This evaluation ia' intended to assess the level of complianee with 327 IAC 15-5 (Rule 5). It is also intended to identify areas where additional measures may be required to control erosion and sedimentation. All practices recommended in this report should be evaluated as to their feasibility by a qualified individual with structural practices designed by a qualified engineer. All erosion and sediment control measures shall meet the design criteric~ standards, and specifications outlined in the "Indiana Handbook for Erosion Control in Developing Areas' or similar guidance documents. Current Site Information: The new Chrrey Tree Bivd is completed. The lots in sec. 1 are graded and have been that way for some months. The area west of the ditch looks totally completed. The pads have not been seeded. Grading continues on the area east of the ditch. Model homes are being constructed near the entrance with Hazel Dell Road. The Following Items Have Been Evaluated and Assigned a Designation of: S -- Satisfactory M -- Marginal U = Unsatisfactory NA = Not Applicable Construction Site Management for Erosion and Sediment Control U (1) Disturbed areas have been adequately protected through seeding or other appropriate erosion and S M S S S S S U sediment control measures. (2) Appropriate perimeter sediment control measures have been implemented. (3) Conveyance channels have been stabilized or protected with appropriate sediment control measures. (4) Erosion & sediment control measures are installed properly. (5) Storm drain inlets have been adequately protected. (6) Outlets have been adequately stabilized. (7) Existing erosion & sediment control measures are being maintained. (8) Public & private roadways are being kept clear of accumulated sediment or tracked soil. (9) Erosion & sediment control measures have been installed and maintained on individual building sites. Status of Sediment Retention On-Site X Site conditions present a high potential for off-site sedimentation. There is evidence of off-site sedimentation. Describe: X Please Refer to the Comments Section of this Report Satisfactory: Definitions The item is currently in compliance with the Rule Marginal: A concern has been identified; corrective action is strongly recommended to remain in compliance Unsatisfactory: A violation has been identified and the site is not in compliance; corrective action is required Not Applicable: Does not apply at this sntge of construction Revised4/98 ON-SITE EVALUATION FOR EROSION AND SEDIMENT CONTROL COMMENTS PROJECT NAME: Cherry Tree Estates Sec. 1 Page 2 The items checked below must be corrected prior to _past due ., unless otherwise noted. Install an appropriate sediment control practice between construction areas and lower lying areas. and/or straw bale barriers. Entrench silt fence (6-8 in.) and/or straw bale barriers (4 -6 in.) and stake straw bales. Remove accumulated sediment from: sediment traps/basins, behind silt fence/straw bales, around storm drain inlet protection devices, streets and gutters (Do not flush with water) Temporary seed, fertilize, and/or mulch: Finished house pads. A Substantial amount of this site needs to be stabilized with mulch. Permanent seed, fertilize, and mulch areas that are at final grade Protect storm drain inlets: o curb inlets, ~ inlets Reshape and stabilize sideslopes of: sediment traps/basins, detention/retention basins Install/Maintain construction entrance(s): and stabilize conveyance channels: Place greater emphasis on erosion and sediment control on building sites; contractors, subcontractors, material vendors, and others should be made aware of erosion and sediment control requirements. Appropriate perimeter sediment controls (e.g. silt fence) and stable construction entrances shall be utilized on all sites. Sediment tracked into the street shall be removed (do not flush with water) at the end of each work day. No perimeter protection installed. Other Requirements: This report submitted by: John B. South P.E. CPESC Revised 4 / 98 ON-SITE EVALUATION FOR EROSION AND SEDIMENT CONTROL Hamilton County Soil and Water Conservation District 1108 South 9~h Street, Noblesville, IN 46060 Ph: 317-773-2181 Fax: 317-776-1101 Date: ~/~3 Project Name: ,;.d~?F~',~ 7",~'~'g ~"~"~',~r,~'.~' Present at Site: John South, Hamilton Co. SWCD, This Report Provided To: TYPE OF EVALUATION: O Initial ,l( Routine O Follow-up O Complaint This evaluation is intended to assess the level of compliance with 327 IAC 15-5 (Rule 5). It is also intended to identify areas where additional measures may be required to control erosion and sedimentation. AlI practices recommended In this report shouM be evaluated as to their feasibility by a qualified individual with structural practices designed by a qualified engineer. All erosion and sediment control measures shall meet the design criteria, standards, and specifications outlined in the "Indiana Handbook for Erosion Control in Developing Areas" or similar guidance documents. Current Site lnformation: /~&.~ ,~',~,4~/-e.)O,~'' /$ ~)~et~t~)~$,t~.4~- ,t~)4~ a~' ,~'/& ~t'~b'~:) The Following Items Ha'~e Been E~aluuted and Assigned a D~signation of: S = Satisfactory M = Marginal U-- Unsatisfactory NA = Not Applicable Construction Site Management for Erosion and Sediment Control ~ M ~) NA (1) Disturbed areas have been adequately protected through seeding or other appropriate erosion and S M ~ NA (2) S M U ,~ (3) (~ M [~) NA (4) S M U (~)(S) s M u~ (6) S M Q NA (7) (~M U NA (8) S M U (~ (9) sediment control measures. Appropriate perimeter sediment control measures have been implemented. Conveyance channels have been stabilized or protected with appropriate sediment control measures. Erosion & sediment control measures are installed properly. Storm drain inlets have been adequately protected. Outlets have been adequately stabilized. Existing erosion & sediment con~'ol measures are being maintained. Public & private roadways are being kept clear of accumulated sediment or tracked soil. Erosion & sediment control measures have been installed and maintained on individual building sites. Status of Sediment Retention On-Site ~ Site conditions present a high potential for off-site sedimentation. o There is evidence of off-site sedimentation. Describe: 0 Please Refer to the Comments Section of this Report Satisfactory: Definitions The item is currently in compliance with the Rule Marginal: A Concern has been identified; correetlve action is strongly recommended to remain in compliance Unsatisfactory: A violation has been identified and the site is not in compliance; corrective action is required Not Applicable: Doas not apply at this stage of construction Revised4/gS ON-SITE EVALUATION FOR EROSION AND SEDIMENT CONTROL PROJECT NAME: Page 2 COMMENTS The items checked below must be corrected prior to 6 o o o '"~/.~ , unless otherwise noted. # Install an appropriate sediment~control practicehetween construction areas and lower lying ar~as. Replace/Repair silt fence and/or straw bale barriers. Entrench silt fence (6-8 in.) and/or straw bale barriers (4 -6 in.) and stake straw bales. Remove accumulated sediment from: o sediment traps/basins, O behind silt fence/straw bales, O around storm drain inlet protection devices, o streets and gutters (Do not flush with water) Temporary seed, fertilize, and/or mulch: 0 Permanent seed, fertilize, and mulch areas that are at final grade: 0 Protect storm drain inlets: 0 curb inlets, 0 drop inlets o Reshape and stabilize sideslopes of: o sediment traps/basins, o detention/retention basins o Install/Maintain construction entrance(s): O Reshape and stabilize conveyance channels: O Place greater emphasis on erosion and sediment control on building sites; contractors, subcontractors, material vendors, and others should be made aware of erosion and sediment control requirements. Appropriate perimeter sediment controls (e.g. silt fence) and stable construction entrances shall be utilized on all sites. Sediment tracked into the street shall be removed (do not flush with water) at the end of each work day. o Other Requirements: This report snbmitted by: ~'J~ ~ / Revi~ed 4 / 98 ra e rive CARMEL, INDIANA 46032 c (317) 574-0140 Fax (317) 574-1269 TO DOCS One Civic Squs~~ DATE ~OB NO. Mr. Ryan Pearcy RE: WE ARE SENDING YOU [] Attached [] Under separate cover via [] Shop drawings [] Prints [] Plans [] Copy of letter [] Change order [] courier the following items: [] Samples [] Specifications COPIES DATE NO. DESCRIPTION 1 2 Mylar 2 2 Bluelines THESE ARE TRANSMII-rED as checked below: [] For approval ~[ For your use [~ As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] Resubmit__ [] Submit [] Return copies for approval copies for distribution corrected prints [] PRINTS RETURNED AFTER LOAN TO US REMARKS A~ L. DeHart, LS COPY TO SIGNED: ff enclosures are not as noted, kindly noti[y us at once. PRODUCT 239 KEELER-WEBB ASSO(3IATES Consulting Engineers · Planners · Surveyors CARMEL, INDIANA 46032 October 20, 1999 Mr. Laurence Lillig Jr. City of Carmel Department of Comm. Services One Civic Square Carmel, Indiana 46032 Re.: RDJ Custom Homes, Inc Cherry Tree Estates 14214-14286 Cherry Tree Road Carmel, Indiana KVVA Project No.: 9812-071 REQUEST FOR REVIEW The purpose of this letter is to request the review of the Secondary Replat for the above project. Mr. Dick Hill requested that the attached plats be sent to your office for review and approval then sent to Carmel Engineering. We are requesting through the City Engineers office that this plat be heard during the next Board of Public Works meeting on November 3, 1999. The following are attached for your review: 1. 1 set of mylars 2. 1 set of blacklines 3. 1 set of covenants and restrictions for the subdivision If you have any further questions or need additional information please do not hesitate to contact this office at any time. Respectfully, KEELER-WEBB ASSOCIATES Adam L. DeHart, LS Project Manager 9812-071-a Indianapolis, IN. Chicago, IL. St. Louis, MO ' Cincinnati, OH. Henderson, KY. Jacksonville, FL Adam DeHart Keelcr-Webb Assoc, Re: Cherry T~e Estates I have reviewed 0xe plans for tiffs project nnd have the follow/ng comments. 1, Per yo~ M.~r~h 2~n later to Dick Hill, this gte is being annexed/utc the City of Carrel, Please forward a copy of the armex~ion ord~ t~om thc city whm it becomes available. 2. A reduced unsigned Non-enforcement ~or Subdivisions permit wzz ~ceivod. Plenae su/~it ~ full sired form signed by the owner. 3. Th~ snn/~try extemion from the south thst cneto~hes on thc easement will req~rc a Non-enforcement for Ut/Iities Permit inste~ of a Cross/ag lym~t. Plezse forward tiffs dined form to this office. (I believe first I pmviouz[y told you that a Cm~tng permit was t~quired). I bare ~closed a Non-cnforc, eme~t for UttRtie~ form, 4. The checks that were subm/ned for the Non-enforcement for SuMivisions permit, Crossing pe~nit (waterline), Non-enfowement permit (se~itary) and Outlet Reque~ permit a~ being r~t~med to you for rev/sion. Thc checks ar~ to be n~lc out to the Hamilton County Treasurer, instead of the Surveyor. 5. Please inci~de the b~k nrmorment deta/1 an the plnn~. 6. As Ires I~en prc,,viously di~ussed, ther~ is e ptm for the ~econstru~on of the Vest,*l Reguh~ Drain, The developer d~old un/erstand that when implemented, tl~ flowiine of th~ open drab will be lowered wlth t~ bani~ cut st a 2:1 siol~. This means that the bimks will ~n most cases be widened to accommodate the new flowline d~aS. This, ns well ns, the a~omparded eI~al'ing, will occur wiihin the regulsted drain easement. This easement, as shovm on the plans, overlaps onto this site. The ¢onsmlctian plans for the r~constn~ction of the Vestal drain may viewed in ~ oflSce. ffyou have any question, please feel frze to contact this office at 77~-g495. Plan 19,l.-viewer Co: Carmel DOCS · Carmel Fag. · Co. Hwy. · NRCS OFFICE OF THE HAMILTON COUNTY SURVEYOR BANK ARMORMENT AT OUTLET PIPE IN OPEN CHANNELS 1 c Oss ,~, TOP O~ BANK iTM .iTM IPLAN',, VIEWl HAMILTON COUNTY S~VE~bR'S ~VlSBD: ~~ · :STANDARD PLA~ Cky of Carmel DEPARTMENT OF ENGINEERING May 19, 1999 Mr. Adam L. DeHart, L.S. Keeler-Webb Associates 486 Gradle Drive Carmel, IN 46032 RE: Cherry Tree Estates T.A.C. Comments Revisions Dear Mr. DeHa~t: I apologize for the delay in answering your response letter dated April 13, 1999. We still have a few issues with the revised drawings submitted. These issues are: 1. If the detention is to be thy, please label as such. 2. On Sheet 2, storm pipe is identified as RCP. On Sheet 10, pipe is listed as RCP and HDPE. 3. Wherearefl~eplanandprofilasfortheremainderofthestormsystem? Stmctare103 to104 and detention outlet. 4. It would be helpful to separate street plan and profile from storm plan and profile. 5. Storm structures need to be identified on plan and profile as they are on the development plan. 6. We arc assuming the hammerhead is to be a part of the dedicated street and fight-of-way. We would like to see a plan and profile that includes the hammer)earl. 7. Dedicated right-of-way needs to be better identified on all sheets. 8. Do not see detail/pavement cross section of the Cherty Tree widening to 15' half-pavement section xvith 3' stone shoulders. Dick Hill, Assistant Diroctor Department of Engineering enclosures M. Kate Boyle-Wees~e, ~i_ty_~ngin_eer K4~k Mom~e, ~ent ofCommunig/St~r~,iees Craig Parks, Assistant City Engineer Carmel Utilities Bob Lunsford, R.D.J. Custom Homes S:~PROJREV99\CHTREEST2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441 City of Carmel Fire Department Headquarters 2 CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2600 Keeler - Webb Associates Attn. Adam L. DeHart, LS 486 Gradle Drive Carmel, Indiana 46032 RE: CHERRY TREE ESTATES ANNEXATION LETTER OF APPROVAL The undersigned has reviewed the proposed plans for Cherry Tree Estates Annexation and has approved the plans subject to the following: 1. After review of this project, I have no additional requirements to be met at this time. Date:__April 7, 1999 By: Stanley Puckett, Fire Marshal Cannel Fire Department Fire P~vention Save~ Lives and Property KEELER-WEBB ASSOGIATES Consulting Engineer' Planners' Surreyors March 23, 1999 Mr. Mark Monroe DEPT. OF COMMUNITY SERVICES City of Carmel One Civic Square Carmel, Indiana 46032 Re.: Cherry Tree Estates Cherry Tree Road Carmel, Indiana KWA Project No.: 9812-071 RESPONSE TO T.A.C. REVIEW ITEMS This letter is being written in response to the items forwarded from the Department of Community Service in regards to requirements to be submitted to the Dept. of Community Services so that a Docket Number may issued for this project. During the T.A.C. Meeting there was extensive conversation in regards to water and sewer service for the subdivision and size, shape and location of the private drives within the frontage plan portion of Cherry Tree Estates. Keeler-Webb Associates has scheduled a meeting with Carmel Utilities Staff and the Carmel Fire Department at the Carmel Utilities Office on Tuesday, March 23, 1999, at 1:30 PM to review water and sewer questions and comments with Utility and Fire Departments. A meeting has been scheduled for Friday, March 26, 1999 with the Carmel Dept. of Engineering, Carmel Dept. of Community Services and Carmel Fire Department in regards to the layout of the proposed private streets within the common area of Cherry Tree Estates. The following items were required by planning staff in order to obtain a Docket Number for Cherry Tree Estates for the next regularly scheduled Plan Commission Meeting: 1. Submit for annexation Legal Description for the Subdivision and request for review and comment to the City Engineer's Office, the Fire Indianapolis, IN. Chicago, IL. St. Louis, MO. Cincinnati, OH. Henderson, KY. Jacksonville, FL Chief, Police Chief, Dept. of Community Services Director, Carmel/Clay Schools Superintendent and Utility Manager, requesting comments on the proposed annexation. Included in the annexation request is a legal description for the subdivision, a legal description for the 16-1/2' existing right-of-way lying on the east side of the street and copies of the construction documents dated Mamh 5, 1999. Attached for your review is all the documentation as previously requested so that Keeler-Webb Associates and RDJ Custom Homes may obtain a Docket Number to be placed on the next regularly scheduled Plan Commission Meeting. If you have any further questions or comments or require additional data please contact Keeler-Webb Associates so that we may immediately act upon this so that we may obtain a Docket Number at the earliest possible time. We thank you, in advance, for your attention to this matter. Respectfully, KEELER-WEBB ASSOCIATES Adam L. DeHart, LS Project Manager ALD:mv cc: Jack and Constance Lockhart RDJ Custom Homes/Lunsford Craig Kaiser 2 KEELER-WEBB ASSOCIATES Consulting Engineers. Planners' Surveyors March 23, 1999 Adjoining Property Owner to Cherry Tree Estates Re.: Cherry Tree Estates Cherry Tree Road Carmel, Indiana KWA Project No.: 9812-071 INVITATION RDJ Custom Homes and Keeler-Webb Associates invite you to attend an informal gathering of the adjoining property owners to introduce the proposed Cherry Tree Estates Subdivision. We are planning to have this informal meeting at the Keeler-Webb Associates offices 486 Gradle Drive, Carmel, Indiana. Keeler-Webb Associates are located in the Gradle Commercial Park immediately west of the Carmel Ice Skadium. The meeting will be held at 7:00 on Wednesday, March 31, 1999. We and invite all of those interested homeowners to attend so that we may introduce our project and discuss questions and concerns that you may have regarding the proposed open space/frontage road subdivision. Please be prepared to forward any questions or concerns you may have to Keeler-Webb Associates and/or RDJ Custom Homes personnel so that we understand your concerns prior to our public meetings held with Carmel in the upcoming April and May meetings. Thank you for your time and we look forward to meeting with you on this matter. Respectfully, KEELER-WEBB ASSOCIATES Adam L. DeHart, LS Project Manager ALD:mv Indianapolis, IN- Chicago, IL ' St. Louis, MO · Cincinnati, OH' Henderson, ICY. Jacksonville, FL COVENANTS, CONDITIONS AND RESTRICTIONS CHERRY TREE ESTATES INSTRUMENT NO.: The undersigned, RDJ Custom Homes, an Indiana Corporation (hereinafter referred to as the "Developer~'), the owner of the real estate shown and described herein, do hereby certify that they have laid off, platted and subdivided and do hereby lay off, plat and subdivide said restate in accordance with the within plat. The following restrictions, limitations and covenants are hereby imposed upon and shall be run with the land contained in such plat. This subdivision shall be known and designated as Cherry Tree Estates subdivision in Hamilton County, Indiana (hereinafter referred to as *Development"). All streets not in common areas and not heretofore dedicated are hereby dedicated to the public. DEFINITIONS. The following are the definitions of the terms as they are used in this Declaration: uCommittee' shall mean the Cherry Tree Estates Development Control Committee, composed of three members appointed by the developer who shall be subject to removal by the Developer at any time with or without cause. Any vacancies from time to time existing shall be filled by appointment of the Developer. The Developer may at its sole option, at any time hereafter relinquish to the Association the power to appoint and remove one or more members of the Committee. *Association" shall mean the Cherry Tree Estates Property Owner's Association, inc., a not-for-profit corporation, the membership and powers of which are more fully described in Article II herein. Approvals, determinations, permissions, or consents required herein shall be deemed given if they are given in writing, signed with respect to the Developer or the Association, by the President or a Vice President thereof, and with respect to the Committee, by two members thereof. ARTICLE I SECTION 101. PROPERTY LINES AND DECRIPTIONS The front and side yard building setback lines are hereby established; between which line and the property lines of the street, there shall erected or maintained no building or structure. The front setback shall be a minimum of twenty five (25) feet and the minimum rear back setback shall be twenty (20) feet. Side setbacks shall be a minimum of ten (10) feet each side excluding elements such as fences, walls and trellises. No lot or combination of lots may be further subdivided until approval therefore has been obtained from the Carmel Planning Commission; excepting, however, the Developer and its successors in tire shall have the absolute dght to increase the size of any lot by joining to such lot a section of an adjoining lot (thereby decreasing the size of such adjoining lot) so long as the effect of such joining does not result in the creaUon of a 'lot' with frontage of less than sixty five (65) feet at the front setback building line or less than fifteen thousand (15,000) square feet. SECTION '102. EASEMENTS There are stdps of ground as shown on this plat and marked Drainage and Utility Easement, which are reserved for the use 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 structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their flues subject to the rights of public utilities. I Areas shown on this plat and marked as Detention Pond shall be recorded as drainage easements, reserved for the installation and maintenance of storm sewer structures and subject at all times to proper City and/or County authorities and the easement herein reserved. These areas shall be maintained free of weeds, trash or other obstruction by the homeowner or Homeowners Association. SECTION 103. LOT USE All lots in this subdivision are reserved for residential use and no building other than a single-family residence or structure or facility accessory in use thereto shall be erected thereon. All plans for such structures are to be submitted to the Committee for approval prior to any construction. Not more than one building shall be erected or used for residential purposes on any lot in this subdivision. No trailer, tent, shack, attached shed, basement, garage, barn, or other out-building or temporary structure shall be used for temporary or permanent residence on any lot in this subdivision. An attached garage erected or used as an accessory to a residence in this subdivision shall be of permanent construction and shall conform to the general architecture and appearance of such residence. Any such structure must be approved by the Committee before it is to be erected. SECTION 104. STRUCTURE DIMENSIONS The total area of the main structure, exclusive of porches and garages, shall not be less than one thousand seven hundred and fifty (1,750) square feet in the case of a one-story structure, nor less than two thousand (2,000) square feet in the case of a one and one half story structure, nor less than two thousand (2,000) square feet in the case of a two story structure. All garages shall be attached to the residence dwelling and be a minimum of two (2) car size. No structure in this subdivision, without special approval from the Committee, shall exceed two and one-half (2-1/2) stories or twenty five (25) feet in height measured from finished grade to the underside of the eave line SECTION 105. STRUCTURE CHARACTER AND APPEARANCE Ail buildings shall be constructed in a substantial and good workmanlike manner and of new materials. No roll siding, asbestos siding or siding containing asphalt or tar as one of its principal ingredients shall be used in the exterior construction of any building or any lots of said subdivision and no roll roofing shingles shall be used on the roof of any dwelling house or attached garage on any of the lots. All homes extedor colors including but not limited to shingles, paint, and masonry must be approved by the Committee. Ail driveways from the street to the garage shall be concrete. SECTION t06. SIDEWALKS Plans and specifications for this subdivision, on file with the Carmel Planning Commission, require the installation of concrete sidewalks within the street right-of-way as shown on the approved plans. SECTION 107. FENCES All fences erected in this subdivision must meet the specifications of the Developer or Committee. No fence shall be erected in this subdivision without prior written approval of the Developer or Committee. No fences shall be constructed in areas designated for Retention or Detention nor shall fences shall be constructed in the Floodway. 2 SECTION 108. YARD AND OTHER EQUIPMENT Geo-thermal heat pumps shall be of the closed loop type only. All lot owners will be required to install at least a $1,000.00 landscape package. This package is to include hydro-seeded front and side yards and the planting of bushes and two trees, at the minimum. Lot owners must install or have installed at least one (1) gas or electdc "dusk to dawn" yard light and mailbox in the front yard by the time the construction of the home on the lot is complete. The design of the yard light and mailbox is subject to the approval of the Committee. The Committee may require, for the purpose of uniformity and appearance, that the mailbox be purchased from the Developer or its designee. No clothesline or clothes poles, or any other free-standing semi-permanent poles, rigs or devices, regardless of purpose, shall be constructed, erected or located or used on any lot. No sign of any kind shall be displayed to the public view on any lot except one (1) professional sign of nor more than one (1) square foot or one (1) sign of not more than five (5) square feet advertising the property for sale or rent. Signs used by a builder to advertise the property dudng the construction and sales periods are exempt from this requirement. No free standing radio or television antenna, television receiving disk or dish shall be permitted on any lot without wdtten committee approval. No solar panels attached or detached shall be permitted. SECTION 109. PLACEMENT OF VEHICLES OR EQUIPMENT No boat, trailer or camper of any kind (including but not in limitation thereof, house trailers, camping trailers, or boat bailers) or any disabled vehicle shall be kept or parked on any lot except within a garage or other approved structure. SECTION t10. DRAINAGE OF STORM OR OTHER WATER In the event storm water drainage from any lot flows across another lot, provision shall be made to permit such drainage to continue, without restriction or reduction, across the downstream lot and into the natural drainage channel or course, even though no specific drainage easement for such flow of water is provided on said lot. No rain or storm water runoff or such things as roof water, street pavement or surface water caused by natural precipitation, shall at any time be discharged into or permitted to flow into the Sanitary Sewer System, which shall be a separate system from the Storm Water and Surface Water Runoff Sewer System. No sanitary sewage shall at any time be discharged or permitted to flow into the above mentioned Storm Water and Surface Water Runoff Sewer System. SECTION 111. UNACCEPTABLE ACTIVITIES No noxious, unlawful or other offensive activity shall be carded out on any lot in this subdivision, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. SECTION 112. ANIMALS No animals, livestock or poultry of any description shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes. 3 SECTION t13. USE AND MAINTENANCE OF LOTS No lot in this subdivision shall be used or maintained as a dumping ground for rubbish, trash, grass clippings, garbage or other waste and such rubbish or trash shall not be kept, except in sanitary containers. Trash shall not be burned except n suitable containers. It shall be the duty of the owner of each lot in the subdivision to keep the grass on the lot properly cut and to keep the lot free from weeds and trash and otherwise neat and attractive in appearance. Should any owner fail to do so, the Developer and Homeowners Association may take such action as it deems appropriate in order to make the lot neat and attractive and the owner shall upon demand reimburse Developer and Homeowners Association for the expense incurred in so doing. SECTION 114. ARCHITECTURAL CONTROL COMMII'rEE The Committee shall regulate, size, type, external design, appearance, use, location and maintenance of any lands subject to these Covenants and Restrictions and improvements thereon, in such a manner as to preserve and enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography. No building, fence, wall or other improvement of any kind shall be commenced, erected or maintained upon any lot, nor shall any exterior addition to or change of footprint be made without the pdor approval of the Committee. Such approval shall be obtained only after written application has been made to the committee by the owner of the lot. The manner of application shall in the form as prescribed Eom time to time by the Committee, and shall be accompanied by two sets of plans and specifications. Such plans shall include plot plan showing location of proposed improvements, specification of all exterior materials and colors and any proposed landscaping. In the event said Architectural Control Committee fails to approve or disapprove such design and location within thin~/ (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. SECTION 115. ENFORCEMENT OF RESTRICTIONS AND CONDITIONS The Developer, and any member shall have the dght to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter by the provisions of these covenants and restrictions. Failure by the Developer, or by any member to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the dght to do so thereafter. In the event the Developer or member shall be successful in any proceeding, whether at law or in equity, brought to enforce any rastfiction covenant limitation, easement, condition, reservation, lien or charge now or hereinafter imposed by the provisions of the restrictions, Covenants, Limitations, Easements and Approvals appended to and made a part of the Plat of the Sub-division, it shall be entitled to recover form the party against whom the proceeding was brought all of the attorney's fees and related costs and expenses it incurred in such a proceeding. The right to enforce these provisions by injunction, together with the dght to cause the removal by due process of law, or any structure or part thereof 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. SECTION 116. INVALIDATION OF COVENANT Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 4 SECTION 1'!7. TERM OF COVENANTS AND RESTRICTIONS The foregoing covenants or restrictions are to run wffh the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date of this plat, at which time said covenants or restrictions shall be automatically extended for successive pedods of ten (10) years unless changed by vote of 75% of the then owners of the lot covered by these covenants or restrictions in whole or in part. SECTION 118. WAIVER OF RIGHTS TO REMONSTRATE Lot owners, upon taking title, agree to waive all dghts to oppose future zoning changes and special permits necessary to complete the construction of Cherry Tree Estates. No owner of any lot shown herein shall have the dght to remonstrate against annexation of that lot to the City of Carmel. SECTION 119. OWNERSHIP~ USEr ENJOYMENT AND MAINTENANCE OF COMMON AREA 'Commons Area" shall mean those areas set aside for conveyance to the Association, as shown on the plats. Any common area depicted on the recorded plats of the Development shall remain pdvate. Ownership of any Commons shall be conveyed in fee simply title, free of financial encumbrances to the Association upon their completion. Such conveyance shall be subject to easements and restrictions of record, and such other conditions as the Developer at the time of conveyance deems appropriate. Such conveyance shall be deemed to have been accepted by the Association and those persons who shall be members thereof from time to time. Developer shall be responsible for improving and or maintaining all Common Areas until such time as the Commons are conveyed to the Association at which time the Association shall be responsible for the maintenance and repair of the Commons. ARTICLE il CHERRY TREE HOMEOWNERS' ASSOCIATION There has been or will be created, under the laws of the State of Indiana, not-for-profit corporation to be known as the CHERRY TREE HOMEOWNERS' ASSOCIATION. SECTION 201. MEMBERSHIP IN ASSOCIATION Each lot owner shall, automatically upon becoming an owner, be and become a member of the Association and shall remain a member until such time as his ownership of a lot ceases. Membership in the Association shall terminate when such owner ceases to be an owner and will be transferred to the new owner of his lot;, provided, however, that any person who holds the interest of an owner in a lot in this subdivision merely as security for the performance of an obligation shall not be a member until and unless he realizes upon his security, at which time he shall automatically be and become an owner and a member of the Association. SECTION 202. VOTING RIGHTS The Association shall have the following classes of membership, with the following rights: Class A. Class A members shall be all owners except Class B members. Class A member shall be entitled to one (1) vote for each lot of which such member is the owner with respect to each matter submitted to a vote of the members upon which the Class A members are entitled to vote. When more than one (1) person constitutes the owner of a particular lot. ail such persons shall be members of the Association, but all of such persons shall have only one (1) vote for such lot, which vote shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any such lot. 5 Class B. Class B members shale be Developer and all successors and assigns of Developer designated by Developer as Class B membere in a written notice mailed or delivered to the President of the Association. Each Class B member shall be entitled to one (1) vote for each lot of which it is the owner. The Class B membership shall cease and terminate upon the first to occur (i) the date upon which the written resignation of the Class B members as such is delivered to the President of the Association, (ii) the date Developer no longer owns any lots nor any portion of any individuality numbered parcel of land shown upon and identified as a long on, any recorded subdivision plat of the subdivision, or any part therefore, or (iii) January 1, 2001, (the "Applicable Date"). After the applicable date, Class B memberships shall be converted to Class A memberships, and each former Class B member shall be entitled to one (1) Class A membership for each lot owned and for each individually numbered pamel of land shown upon, and identified as a lot on, any recorded subdivision plat of the subdivision. Co S,,ecial. Until the Applicable Date, there shall be three (3) additional Special members of the Association, being the persons from time to time appointed by Developer to serve on the Amhitecture Control Committee, pursuant to Section 114 of Article I hereof. Persons who ara Special members shall not be deemed or considered members of the Association nor owners of lots for any purpose other than to qualify to act as members of the Amhitecture Control Committee. Special members shall have no voting dghts on any matters submitted to a vote of the members (unless such Special member is also a Class A member, in which event his voting fights shall be governed by subsection (a) of this Section). SECTION 203. FUNCTIONS The Association shall maintain the entrance landscaping, signage and the landscape easements shown on the plat(s) and shall keep such araa in a neat, clean and presentable condition at all times. B. The Association shall maintain and repair the Common Areas shown on the plat(s) including improvements thereon. C. The Association shall maintain the storm water detention areas shown on the plat(s) as part of the overall drainage system to serve the development. Do The Association shall procure and maintain casualty insurance for the Common Areas, liability insurance and such other insurance as it deems necessary or advisable. E° The Association may contract for such service as management, snow removal, security control, trash removal, and such other services as the Association deems necessary or advisable. The Association shall be responsible for paying taxes and assessments levied and assessed against, and payable with respect to the Common Areas and paying any other necessary expenses and costs in connection with the Common Areas. SECTION 204. ASSESSMENTS Creation of the Lien and Personal Oblioation Assessments. Each owner of any lot in the subdivision, except the Developer, by acceptance of a deed therefore, whether or not it shall be exprassed in such a deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges: and (2) special assessments for capital improvements and operating deficits; such assessments to be established and 6 collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney fees, shall be a charge on the land until paid in full and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment was due. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them. No charge or assessment shall ever be levied by the Association against the Developer. B. Date of Commencement of Annual Assessment. The annual assessment provided for herein shall commence for each lot on the date of conveyance to the owner by deed. The Board of Directors shall fix any increase in the amount of the yearly assessment at least thirty (30) days in advance of the effective date of such increase. Written notice of annual assessments and such other assessment notices as the Board of Directors shall deem appropriate shall be sent to every owner subject hereto. The due dates for all assessments shall be established by the Board of Directors. The Association shall, at any time, fomish a certificate in writing signed by an officer of the Association that the assessments on a specific lot have been paid or that certain assessments against said lot have not been paid, as the case may be. C. S ecial Assessments. In addition to the annual operating assessment, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement which the Association is require to maintain or for operating deficits which the Association may from time to time incur, provided that any such assessment shall have the assent of a majority of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose. Written notices for such meetings shall be sent 30 days in advance of the meeting and at least 4/7ths of all possible votes must be cast to constitute a quorum. D. Remedies for Nan-Payment. Any charge assessed against any lot, together with interest and other charges or costs as hereinafter provided, shall become and remain a lien upon that lot until paid in full and shall also be a personal obligation of the owner or owners of that lot at the time the charge fell due. Such charge shall bear interest at the rate of 12% per annum until paid in full. If, in the opinion of the Board of Directors of the Association, such charge has remained due and payable for an unreasonably period of time, the Board may, on behalf of the Association, institute such procedures, either at law or in equity, by foreclosure or other othenvise, to collect the owing in any court of competent jurisdiction. The owner of the lot or tots shall, in addition to charges owned, be obligated to pay all costs incurred by the Association, including attorney's fees, in collecting the charges due. Every owner of a lot in the Development and any person who may acquire any interest in any lot in the Development, whether as owner or otherwise, is hereby notified, and by acquisition of such interest agrees, that any such liens which may exist upon said lot at the time of acquisition of such interest are valid liens and shall be paid. Every person who shall become an owner of a lot in the Development is hereby notified that by the act of acquiring making such purchase or acquiring such title, such person shall be conclusively held to have covenanted to pay the Association all charges that the Association shall make pursuant to this subparagraph of the Restrictions. E. Subordination of the lien to Mort~aQee. The lien of the assessments provided herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. 7 SECTION 205. MANAGEMENT OF BOARD OF DIRECTORS. The business and affairs of the Association shall be governed and managed by the Board of Directors. No person shall be eligible to serve as a member of the Board of Directors unless he is, or is deemed in accordance with this Declaration to be, an owner, including a person appointed by Declarant as provided in Section 202 of this Article I1. SECTION 206. INITIAL BOARD OF DIRECTORS The initial Board of Directors shall be composed of the person designated or to be designated by the Developer. Notwithstanding anything to the contrary contained in, or any other provisions of this Declaration or these Articles (a) the Initial Board shall hold office until the first meeting of the members of the Association occurring on or after the Applicable Date, and (b) in the event of any vacancy or vacancies occurring in the Initial Board for any reason or cause whatsoever pdor to such first meeting occurring on or after the Applicable Date determined as provided above, every such vacancy shall be filled by a person appointed by Developer, who shall thereafter be deemed a member of the Initial Board. Each owner, by acceptance of a deed to a lot with, or by acquisition of any interest in a dwelling house by any type of juridical acts inter vivos or causa morris, or otherwise, shall be deemed to have appointed Developer as such owner's agent, attorney-in-fact and proxy, which shall be deemed coupled with an interest and irrevocable until the Applicable Date determined as provided above, to exemise all of said owner's dghts to vote and to vote as Developer determines, on all matters as to which members of the Association are entitled to vote under the Declaration, these Articles or otherwise. This appointment of Developer as such owner's agent, attorney-in-fact and proxy shall not be affected by incompetence of the owner granting the same. Each person sewing on the Initiat Soard, whether as an odginal member thereof or as a member thereof appointed by Developer to fill a vacancy, shall be deemed a Special member of the Corporation and an owner soley for the purpose of qualiyng to act as a member of the Board of Diractora and for no other purpose. No such person serving on the Initial Board shall be deemed or considered a member of the Association nor an owner of a lot for any other purpose (unless he is actually the owner of a lot and thereby a member of the Association). SECTION 207. ADDITIONAL QUALIFICATIONS OF BOARD OF DIRECTORS Where an owner consists of more than one person or is a partnership, corporation, trust, or other legal entity, then one of the persons constituting the multiple owner, or a partner or an officer or trustee, shall be eligible to serve on the Board of Directors, except that no single lot or dwelling house may be represented on the Board of Directors by more than one person at a time. SECTION 208. TERM OF OFFICE AND VACANCY OF BOARD OF DIRECTORS Subject to the provisions of Section 205 of this Article II, the entire membership of the Board of Directors shall be elected at each annual meeting of the Association. The Initial Board shall be deemed to be elected and ~-elected as the Board of Directors at each annual meeting until the first meeting of the members occurring on or after the Applicable Date provided herein. After the Applicable Date, each member of the Soard of Directors shall be elected for a term of one (1) year. Each Director shall hold office throughout the term of his election and until his successor is elected and qualified. Subject to the provisions of Section 206 of this Article II as to the initial Soard, any vacancy or vacancies occurring in the Board shall be filled by a vote of a majority of the remaining members of the Board or by vote of the owners if a Director is removed in accordance with Section 209 of this Article II. The Director so filling a vacancy shall serve until the next annual meeting of the members and until his successor is elected and qualified. SECTION 209. REMOVAL OF DIRECTORS A Director or Directors, except the members of the initial Board, may be removed with or without cause by vote of a majority of the votes entitled to be cast at a special meeting of the owners duly called and constituted for such purpose, in such case, his successor shall be elected 8 at the same meeting from eligible owners nominated at the meeting. A Director so elected shall serve until the next annual meeting of the owners and until his successor is duly elected and qualified. SECTION 210. DUTIES AND POWERS OF BOARD OF DIRECTORS The Board of Directors shall be the governing body of the Association representing all of the owners and being responsible for the functions and duties of the Association. The Board of Directors shall have such powers as are reasonable and necessary to accomplish the performance of these duties. After the Applicable Date, the Board may on behalf of the Association, employ a reputable and recognized professional propen'y management agent (herein called the "Managing Agent") upon such terms as the Board shall find, in its direction, reasonable and customary. The Board of Directors are also responsible for the assessment and collection from the owners of the owners' respective shares of the expenses necessary to carry out all the functions of the Association. Board of Directors shall notify all lot owners of any increase in the amount of the yeady assessment a minimum of thirty (30) days before the increase is in effect; to include the cost of performing all of its functions, duties and obligations as Common Expense and to pay all of such costs therefrom. SECTION 212. LIMITATION OF BOARD ACTION After the Applicable Date, the authority of the Board of Directors to enter into contracts shall be limited to contracts involving a total expenditure of less than $2,500.00 without obtaining the prior approval of a majority of the cumulative vote of the owners, except that in the following cases such approval shall not be necessary. Contractors for replacing or restoring portions of the Common Areas damaged or destroyed by fire or other casualty where the cost thereof is payable out of insurance proceeds actually received or for which the insurance carrier has acknowledged coverage. b. Proposed contracts and proposed expenditures expressly set forth in the proposed annual budget as approved by the owners at the annual meeting. c. Expenditures necessary to deal with emergency conditions in which the Board of Directors reasonably believes there is insufficient time to call a meeting of the owners. SECTION 213. COMPENSATION OF BOARD OF DIRECTORS No Director shall receive any compensation for his services as such, except to such extent as may be expressly authorized by a majority vote of the owners. The Managing Agent, if any is employed, shall be entitled to reasonable compensation for its services, the cost of which shall be a Common Expense. SECTION 214. NON.LABILITY OF DIRECTORS AND OFFICERS The Directors and officers of the Association shall not be liable to the owners or any other persons for any error or mistake of judgment exemised in carrying out their duties and responsibilities as Directors and officers, except for their own individual willful misconduct, bad faith or gross negligence. The Association shall indemnify and hold harmless and defend each of the Directors and Officers against any an all liability to any person, firm or corporation adsing out of contracts made by the Board on behalf of the Association, unless any such contract shall have been made in bad faith. It is intended that the Directors and officers shall have no personal liability with respect to any contact made by them on behalf of the Association. 9 SECTION 215. ADDITIONAL INDEMNITY OF DIRECTORS AND OFFICERS The Association shall indemnify, hold harmless and defend any person, his heirs, assigns and legal representatives, made a party to any action, suit or proceeding by reason of the fact that he is or was a Director or office of the Association, against the reasonable expenses, including attorneys' fees, actually and necessarily incurred by him in connection wi~h the defense of such action, suite or proceeding or in connection with any appeal therein, except as otherwise specifically provided herein in relation to matters as to which it shall be adjudged in such action, suite or proceeding that such Direction officer is liable for gross negligence or misconduct in the performance of his duties. The Association shall also reimburse to any such Director or officer the reasonable costs of settlement of or judgment rendered in any action, suite or proceeding, if it shall be found by a majority vote of the owners that such Director or officer was not guilty of gross negligence or misconduct. In making such findings and notwithstanding the adjudication in any action, suit or proceeding against a Director or officer, no Director or Officer shall be considered or deemed to be guilty of or liable for negligence or misconduct in the performance of his duties where, acting in good faith, such Director or officer relied on the books and records of the Association or statements or advice made by or prepared by the Managing Agent (if any) or any other officer or employee thereof, or any accountant, attorney or other person, firm or corporation employed by the Corporation to render advise or so. ice unless such director or officer had actual knowledge of the falsity or incorrectness thereof;, nor shall a Director or officer be deemed guilty of or liable for negligence or misconduct by virtue of the fact that he failed or neglected to attend a meeting or meetings of the Board of Directors. SECTION 216. BOND OF BOARD OF DIRECTORS The Board of Directors may provide surety bonds and may require the Managing Agent (if any), the treasurer of the Association, and any other officers as the Board deems necessary, to provide surety bonds, indemnifying the Association against larceny, theft, embezzlement, forgery, misappropriation, wrongful abstraction, ~llful misapplication, and other acts of fl'aud or dishonesty, in such sums and with such sureties as may be approved by the Board of Directors and any such bond shall specificelly include protection for any insurance proceeds received for any reason by the Board. The expense of any such bonds shall be a Common Expense. SECTION 217. INITIAL MANAGEMENT Notwithstanding anything to the contrary contained in this Declaration, Developer shall have, and Developer hereby reserves to itself, the exclusive right to manage or designate a Managing Agent for the Real Estate and Common Areas, and to perform all the functions of the Corporation, until the Applicable Date. Developer may, at its option, engage the services of a Managing Agent affiliated with it to perform such functions and, in either case, Developer or such Managing Agent shall be entitled to reasonable compensation for its services. Developer may, at its option, assess lot owners a fee for maintenance of the Common Areas. These Covenants, Conditions, and Restrictions are executed this of ,1999. RDJ Homes, Inc., 10 City of C mel March 12, 1999 Mr. Adam L. DeHart, L.S. Keeler-Wobb Associates 486 Gradle Drive Carmel, IN 46032 RE: Cherry Tree Estates Project Review Dear Mr. DeHart: We have reviewed the plans for tiffs development received by tiffs Department on FebnmD' 23, 1999. We offer rite following comments: 1. This project is ontside Cannel Corporate Limits. Are you planning to pursue amtexation? Currently, the project falls under Hamilton County jurisdiction. 2. Annexation must include all of the existing right-of-way of Cherry Tree Road along rite perimeter of the development. 3. The development is contiguous to a portion of the Spring Creek Subdivision included in Amtexation Ordinance C-179 that was approved on October 16, 1995 and recorded on Januao' 16, 1996, Instrument #9609600038. The bearings on rite legal description along rite contiguous western perimeter of tlfis property do not completely match the bearings on tim annexation document for Spring Creek. The contiguous perimeter of this project is 775.97 feet or 34.6%. 4. Streets are Hamilton County jurisdiction. 5. Water is City of Cannel. 6. Sanitasy Sewer is City of Cannel. 7. Storm is Hamilton County. 8. Fees - Availability -Water $1,010.00 per acre -Sanitary Sewer $1,365.00 per acre 9. The project will require Board of Public Works and Safety approval of Sewer and Water Availability, alter Plan Commission approval. 10. The I.D.E.M I.A.C. 330 Construction Permit application will be approved by this office and rettm~ed after the project Ires received Sewer and Water Availability approval from the Board of Works. Il. We are requesting the widening of the half pavement section of Cherty Tree Road to fifteen (15) feet, per current City of Cannel pavement cross sections, and installation of three (3) foot stone shoulders. 12. Reinforced Concrete Pipe (RCP) is the standard for City of Cannel storm sewer installations. 13. Will the frontage road right-of-way be dedicated? 14. What is the pavement cross section for the frontage road? 15. We request a minimum back4o-back dimension of 26 feet for the frontage road. 16. Show elevations at all lot comers and side and back yard grade breaks. 17. Provide drainage calcs. 18. Individual lot sidewalks are not indicated. 19. Is the Sanitary Sewer Force Main to be private or dedicated? 20. Why haven't acel/decel lanes been provided? 21. Show delails of Cherry Tree Road widaning and of the entrance. 22. Carn~el Utililies will provide water and sanitary sewer review under separate cover. 23. We would request that the lake for tltis subdivision be lined ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441 Mr. Adam Dehart Keeler-Webb Associates Page 2 of 2 24. Please add Plan & Profile sheets for Storm & Sanitary sewers. 25. Sheet 10oftbeconstmctionplansismissing. 26. Underdrains are required under all curb and gutters. 27. What is lhe "Asphalt Option" note referring to on the pavement section detail? 28. The current plans indicate tlmt rite detension area will be located wilhin a floodway. Have you received approval from all II~e necessary agencies to construct this as designed? (Hamillon Comity Surveyor's office, D.N.R, I.D.E.M etc.) 29. We would ask for cul-de-sacs to be considered in lieu of hammerheads. 30. Please indicate invert and structure elevations on file development plan 31. A bedding detail for storm and sanitary sewers needs to be shown on the detail sheet 32. The current plan indicates a landscaping tnound witldn the platted rigbt of way. All lm~dscaping needs to be placed outside of the righl of way in common areas. I have also enclosed the City of Canuel's projecl approval procedure for your use on this project. If you bare any questions, please call our office at 571-2441. Dick Hill, Assist'mt Director Deparlmeat of Engineering enclosures CC: M. Kate Boyle-Weese, City Engineer ,Mark M ~om-'o~. ;:D epam~-Oit:i/f CiSm~ty. Services Craig Parks, Assistant City Engineer Carmel Utilities Bob Lunsford, R.D.J. Custom Homes S:~ROJREV99\CHTREEST ~ _ = . -t - · . PAGE Iqobl~vill~, I~1460/0-2744 Ph. (317) 773-1412 Drainage. Ero~io~ z_qd Sedimcnt Con,tot plan Tvr. hnlaal R~vicw and Cocaine. at Satisfies ~he minimum reoquir~memtn and intcn( of 327IAC 15-5 (Rule .~ Noti .tiC. axion wi{[ ~: forwarded to tl~ tndhaa D~artmeat o~Enviranmcn~{ Managrme~t. ~] R~fcr to ~hc comme, n~z $~tion for ad9idonal iaformalion. Doe~ not sat~fy th~ minimum requbtmcnt~ an~ intent of3271AC [5-.~ (~ul¢ 5)i defi~i~ci~ are oozed in ~ ~{ist ~d in ~t ~meo~ section. Dcfici~c~ ~n~i~te ~t~hl violation of ~c ~1~ ~d mu s1 ~ a~ua~ly ad~ess~ for ~mpii~_ ~c info~at~ n~y to salia~ the deC~icnci~ most ~ , Pl~c ad~ revisions to ~c ~vi~r. PrOper impleta~ntation of the erosion and sediment control plon ond in~pealion~ of tt~ cOn, tn,etlon site by tht d~-Ioper or a ~r~t~ ~e ~c~ to minim~ o~siet *tffim~tatYo~ T~ ~1~ shauM ~ ~ H~M .... P~E 02 ITEMS ADEQ UAR"F-.LY ADD]~J~SED ON TI~. PL.A~$ I~o El ~c 0 · ~E PROJECT }2~FOR1VIATION Proj ecl Loc~6oa M ~p (~ N~ D~b i~ ~e R~ ~d ~ ~ lbe Pmj~ (S~ ~ ~ yes No [] U 2E I~ 0 TOPOG~RAPH~C, DRAI31AGE, AITJ) GE~ S~ ~S Y~ No 0 [] 3B NO · [] 4B · [] 4C ~t 0 4z {~ 0 4F $ O 4G ~l [] 4H 0 g 4z ~ O 4E EROSION AND SEDIM~ENT CONi~(OL Pe~m~dim~ut ~nt~I ~ (~. C~~d. Dtm~i~.~d~a'~) T~ E~sfou ~6 Sto~wat~ Outl~ P~t~ion ~L~I~DIMENT CONTROL PLAtNI TECHNICAL REVIEW COMMENTS Note: ,411 erosion anti ~etli~t~t eoamol ~r~ $&o~n on t~ plo~ o~ r~ t~ tha~ ~ mint m~t the Dolling ~ ' fl~ t~ 1~ ~nme~ ofN~al R~our~, D~isi~ of~ Co~tl~ ~ tta~ ok I, HAMILTON COUNTY 92,~ Division .Stre¢l " Soil & Water Uob]esvi,l¢. ].4 060-27,*  Ph. (317) 773-1432 F~ (317) 776-] 101 Dminagg ~rosion ~d S~imCnl ConUol T~i~l R~view ~d Comm~l RcviewedBy: ~q-o/'/~/. /~...~..// /D..~. Plan Review Procedure: Site Visit Date: Plan Review Date: Location: ~. '~/O,~ o,~ ~,V~g'~r -7'~' Legal Description: .-'5~C, Township: /~/~/ Range: Civil Township: ~Tte technical review and comment~ are intended to evaluate the completeness of the erosion and sediment control plan.for the project. The erosion and sediment control plan submitted wax not reviewed for the adeqtmcy of the ~ngineering deMgr~ /lll practices included in the plan, as veil as tho*e recommended in the comments should be evaluated ct~ to their feasibilio~ by a qualified individual with structural practices designed by a qualified engineer. The plan has not been reviewed for local, state or federal permits that may be required to proceed with this projecfi /idditional information, including design calculations may be requested to further evaluate the erosion sediment control plar~ The erosion and sediment control plan has been reviewed and it has been determined that the plan: D Satisfies the minimum requirements and intent of 327IAC 15-5 (Rule 5). Notification will be forwarded to the Indiana Department of Environmental Management. D Refer to the comments section for additional information. Does not satisfy the minimum requirements and intent of 327IAC 15-5 (Rule 5); deficiencies are noted in the checklist and in the comments section. Deficiencies constitute potential violation of the rule and must be adequately addressed for compliance. The information necessary to satisfy the deficiencies must be submitted: . Please address revisions to thc reviewer. LProper implementation of the erosion and sediment control plan and inspections of the construction site by the developer or a representative are necessary to minimize off-site sedimentation. The developer shouM he aware that unforeseen construction activities and weather conditions may effect the performance ora practice or the erosion and sediment control plan. The plan must be a fle. xible document, with provisions to modify or substitute ractices as necessary. Page 2 of ~ ARE THE FOLLOWING uFEMs ADEQUATELY ADDRESSED ON (All Plans Mu~ Include ,,lppropritrt¢ Legends, ge. alex, and North Arrow) (Itetns tha~ are Arot,,l~£11cable to th~ Project are deM~n,,v ed by Yes No M O ~^ ~1 O lB ~ D ~c O I~ ~E PROJECT n~ORI~TION Project Locat/oa Rfap ($how proj*ct in rdation to other areas of the county) Narratix~ Describing thc Nature and Purpose of the Project Location of Planned and/or Exlstiag Ro~ds, U~iIities, Structures, ltighways, etc. Lot and/or Bui[dlng Loca~ons Laadnse of Adjacent Ar~a.n . (Show the Entire Upstream [~alerdted and Xdjaceat ,~rea$ FdHhin 500 Fe~t of the Prop~ly f~a'nes) yes No O ~ 2A [] O 2B O [/l 2C 8 O~ 2D ~ [] 2E ffi O 2F [] [] 2G D fi~ 2H ~ g 21 TOPOGRAPEHC, DRAINAGE, AND GENERAL SITE FEATURES Existiag Vegetation (IdentlfyandDdinente) Location and Name of Ail Wetlands, Lakes and Waler Courses On and Adjacent to the Site 10~0 Year Floodolalnsi Floodway l~iages, and Floodways (Not~ if None) Soils Information ( If lout*lc soils are present, it is the resj~or~tibility of the owntr/develotw..r to ittvestigate the *xlstence of wetlan~ and ta obtain permitsr from the appropriate gov~ment agencies.} Existing and Planned Contours at aa Interval Appropriate to Indicate Drainage Patterns Locations of Specific Poha~ Where Stormwater Discharge Will Leave the Site Identify All Receiving Waters ( If Discharge is to a Separate Munidpal Storm Sewer. Identify tht Name of the Municipal Operator trod the Ultimate Recelving Igater) Potential Areas Where Storm water May Eater Groundwater (Note if None) Location of Stomwater System (Include Culverts. Storm Sewer~. Channels. and Swale~) F1 [] 3A D I/1 315 LAND DISTURBING Acrl'vITiES Location and Appro-c;mate Dimension~ of All Disturbed Areas [i.~, Con~truction Idmit~] (..4r,~xr tFhtre gegttaffv¢ Cover Itqll Be Pr~erved Should be Cdeady Designated) Soil Stockpiles and or Borrow Areas ($howI. ocations orNote if None) Yes No ~ D aA [] D 4B · - g 4C [] 0 aD ~1 0 4E ~ 0 4F [] 0 4G · 0 a! 0 [] nj ~ O aK EROSION AND SEDIIVIENT CONTROL M2EASURES Sequence of When Each IYinasure Will Be Implemented (Relative to Earth Disturbing Activities) Monitoring and Mahatenance Guidelines for Each Measure Perimeter Sediment Control Meamres (Location. Comtruction D~tail. Dimensioal. crnd Spec~ficaliorts) Temporary Seedlag (Specifications; Including SeedMix. Ferfflizer. ldme. andMulch Rates} Temporary Eros/on and Sediment Control Measures (Location. Construction Detail. Dimensions. and Spe~fi~ation$) Permanent Erosion and Sediment Control Measures (Location. Construction Detail. Dimension& and Specification.0 Storm Drain Inlet Prutection (Location. Construction Detail. Dimensiona. and Specifications} Stormwaier Outlet Prote~ioa (Location. Construction Detail. Dimensions. and Specifications) Stable Construction Entrance (Location. Comtruction Detail. Dimmsions. and Specifications) Erosion and Sediment Control on Individual Building Lots (Specifications) Permaoeal Seeding (Specifications: Including Seed Mix. Fergilizer. Lime. and Mulch RatesJ Rofs~l 4197 EROSION AND SEDIMENT CONTROL PLAN TECHNICAL REVIEW COMMENTS Project: C_ ~E~_'r' '"/-'~-~ E~'~-r'.~7-~'~ Page 3 of .~ INote:All erosion and sediment control measures shown on th,,e plans and referenced in this review must meet the designcriteria, sta, ndards, andspecificationsoutlinedinthe lndianaHandbookforErosionControlin Developing Areas from the Indiana Department of Natural Resources, Division of $oil Conservation or similar Guidance Documents. City. of Cal~el Carmel Police Depar :men 3 Civic Square Carmel, Indiana 460;52 February 25, 1999 Mr. Adam DeHart Keeler-Webb Associates 486 Gradle Drive Carmel, IN 46032 RE: Cherry Tree Estates Cherry Tree Road Carmel, Indiana Dear Mr. DeHart: I have received and reviewed the cover sheet, sheet 1 and project narrative of the above-mentioned project. At the present time, I see nothing in the plans that would hamper law enforcement efforts. If we can be of any further assistance to you, please contact us. Respectfully, Michael D. Fogarty Chief of Police MDF:vb cc: Mark Monroe, Dept. of Community Services A Nationally Accredited Law Enforcement Agency t317) $71-2500 Fa= 1517) 571-2512 City of Carmel Fire Department Headquarters 2 CIVIC SQUARE CARMEL, INDIANA 46032 317/571.2600 Ke~ler - Webb Associates Attn. Adam L. DeHart, LS 486 Gradle Drive Carmel, Indiana 46032 RE: CHERRY TREE ESTATES LETTEROFAPPROVAL The undersigned has reviewed the proposed plans for Cherry Tree Estates and has approved the plans subject to the following: 1. The Carmel Fire Department shall be requesting that all streets in this subdivision meet all Carmel subdivision requirements, including widths. 2. The Carmel Fire Department shall be requesting that all tumarotmds for emergency equipment shall be by a full cul-d-sae at each end ot the street. 3. The Carmel Fire Department shall require that at least two fire hydrants be installed in this subdivision. Date:_Febmary 24, 1999 By: Stanley Puckett, Fire Marshal Carmel Fire Department Fire Prevention Saves Lives and Property KEELER.WEBB ASSOCIATES Consulting Engineers 486 Gradle Drive CARMEL, INDIANA 46032 (317) 574-0140 o^~E 19 JoB No Februarw ~0%. 1999 9812-071 ATTENTION Mr. Mark Monroe RE: Cherry Tree Estates Cherry Tree Road Carmel,Indiana WE ARE SENDING YOU [] Attached [~ Under separate cover via. courier .the following Items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order [] 2/16/99 2/16/99 12 1 Sets of Construction Documents Project Narrative 2/16/~ 2/16/99 2/16/99 2/16/99 2 5 1 Development Plan Application Primary Plat Application & Checklist List of AdJoiners Subdivider Agreement Form THESE ARE TRANSMITTED as checked below: [] For approval [] Approved as submitted [] Resubmit [] For your use [] Approved as noted [] Submit [] As requested [] Returned for corrections [] Return__ .~ For review and comment [] [] FOR BIDS DUE REMARKS copies for approval copies for distribution corrected prints 19__ •PRINTS RETURNED AFTER LOAN TO US This submittal for review and cc~ment is for the March 17,1999 Carmel T.A.C. meeting. COPY TO SIGNED: Adam L. DeHart LS February 18, 1999 Plan Reviewer Re.: Cherry Tree Estates Cherry Tree Road Carmel, Indiana KWA Project No.: 9812-071 PROJECT NARRATIVE KeeleroWebb Associates is acting agent and engineer and surveyor for Mr. Bob Lunsford of R.D.J. Custom Homes on the above referenced project. The property is currently vacant and used as a farm field and completely bounded by Cherry Tree Road and Vestal ditch on the 6.11 acre tract of land. We propose to construct seven lots on the above site which will be following the qualifying sub-division standards for open space of the Carmel Sub-division ordinance. The attached plans show the proposed development of the site. All utilities are available on-site on the adjacent properties, or within adjoining right- of-ways. Domestic and fire water service shall be extended from Spring Creek, Section 3, along Cherry Tree Road to the north property line of the subdivision. The Sanitary Sewer shall be directed along Cherry Tree Road R/W and easement to outlet at the manhole at the northeast corner of Cherry Tree Road and Streamside Drive. Access will be from the eastern portion of the site on Cherry Tree Road. Storm water will be collected via storm sewers and swales and conveyed to the outlet as shown directly discharging to the Vestal ditch on the west side of the property. This submittal is for the Carmel T.A.C. meeting to be held on March 17, 1999. If you have any questions or comments please contact me at any time. Respectfully, KEELER-WEBB ASSOCIATES Project Manager Indianapolis, IN' Chicago, IL. St. Louis, MO · Cincinnati, OH. Henderson, KY. Jacksonville, FL SUBDIVIDER AGREEMEHT FOR¥ 9.6 THE SUBDIVIDER The following agreement shall ~e Included a~ a submittal with the final plot aDPllcatlon. AGREEYENT The developer shall be resDoneible for any drainage problems Including standing water, flooding and erosion control, which arise or IJ~coee evident at any ties during the 3 year ealntenance period after release of subdivision bonds, and which Is attrlbutalJle to a deficiency In subdivision drainage design or construction of drainage lebroveeents. This shall Include all pipes, structures, swales, ditches, and ponds which are bertlnent features to the proper drainage of the subdivision. This responsibility of the developer shell not, however, Include pro, lees which are created, subsequent to the coepletlon of the subdivision leprovements by the leDroper grading by Individual twllders, or structures and lebroper grading Installed or accoepllshed by Individual hoeeowners. It Is the Intent of these redulre~ents, that the developer shall, SDeclflcall¥, provide such sub-surface drains, or store se~era or ditches aa are recTulred to properly rectify any drainage ~roblee or sub-surface water ~roblee which wa~ not conteeDlated In the original abproved~.. subdivision design, Including, but not reetrlcted~te-.'--_~[~u~oeal of sub-// surface water froe footing drains of Indlvl~.~~~~/ Date KEELER-WEBB ASSOCIATES Consulting Engineers 486 Gradle Drive CARMEL, INDIANA 46032 (317) 574-0140 Fax (317) 574-1269 DATE JOB NO. February 10, 1999 9812-071 Mark lCrmroe RE: Cherry Tree Estates Cherry Tree Road WE ARE SEND NG YOU [] A.ached [] Und~_~epar~J~%o~ia Q Shop drawings ~ Pdnts ~. Q Plans/'? Q Samples ~ Copy of le~er ~ Change order the following items: [] Specifications COPIES DATE NO, DESCRIPTION 2 2-10-99 1 Sketch Plan THESE ARE TRANSMITTED as checked below: [] For approval [] For your use [] As requested ~ For review and comment [~ FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] Resubmit__ [] Submit [] Return copies for approval copies for distribution corrected prints [] PRINTS RETURNED AFTER LOAN TO US REMARKS Craig Kaiser Bob Lunsford COPY TO PRODUCT 239 SIGNED: /f enclosures are not as noted, kindly notify us at once.