County Commissioner Ordinance - January 2012 (3)zni2nppqq831
Filed for Record in
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Commissioner Ordinance 2012-2
SUBDIVISION CONTROL ORDINANCE
O F • I�strun?nt PG 1 Of Sa
201200000E31
GIBSON COUNTY, INDIANA
Prepared for:
The Gibson County Board of Commissioners
225 North Hart Street
Princeton, Indiana 47670
Prepared by:
Bernardin, Lochmueller 8 Associates, Inc.
6200 Vogel Road
Evansville, Indiana 47715
and
Ziemer, Stayman, Weitrel 8 Shoulders, LLP
20 N.W. First Street, 9�h FI.
P.O. Box 916
Evansville, Indiana 47706
Draft Final
January 2012
Effective February 7, 2012
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Instrument FG 3 OF S4
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B. "Access" means the way over which traffic moves to or from the
property abutting a street or alley and the way over which traffic
moves to or from an arterial street to a collector street or from a
street to an alley.
C. "Alle�' means a permanent public service right-of-way as final
access to the side or rear of those properties when principal
frontage is on some other right-of-way and is not intended for
general traffic.
D. "Basis of Bearings" means the source of uniform orientation of all
measured bearings shown on a map and used for all surveyed
monuments, markers, and benchmarks, which shall be tied into the
Indiana State Plane, West Zone coordinate system whenever
possible.
E. "Block" means a tract of land bounded on all sides by streets or a
combination of streets and public parks, cemeteries, railroad right-
of-way, etc.
F. "Bond" means any form of security including a cash deposit, surety
bond, collateral, property, or instrument of credit in an amount and
form satisfactory to the Commissioners or appropriate delegate.
G. "Building" means a structure having a roof supported by columns or
walls, used or intended to be used, for the shelter or enclosure of
persons, animals, or property.
H. "Building setback lines" means the lines indicating the minimum
horizontal distance between the right-of-way of any street and the
foundations of any building nearest the right-of-way of any street.
"Commissioners° means the Board of Commissioners of Gibson
County, Indiana.
J. "Cul-de-sac" means a local street with only one outlet having an
appropriate terminal for the safe and convenient reversal of traffic
movement.
K. "EasemenY' means an authorization or grant by a property owner to
specific persons or to the public to use land for specific purposes.
L. "Flood hazard area" means any floodplain, floodway, floodway
fringe district, or combination thereof.
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U. "Regulatory flood" means the flood having a peak discharge which
can be expected to be equaled or exceeded on the average of once
in a one hundred (100) year period. This flood is equivalent to a
flood having a probability of occurrence of one percent in any given
year.
V. "ReplaY' means a change in a recorded subdivision plat if such
change affects any street layout on such plat, or area reserved
thereon for public use, or any lot line, except as otherwise
exempted in this Ordinance.
W. "Right-of-way" means a strip of land occupied or intended to be
occupied by transportation facilities, public utilities, or other special
public uses. Rights-of-way intended for any use involving
maintenance by a public agency shall be dedicated to the public
use by the maker of the plat on which such right-of-way is
established. Dedication of public right-of-way does not necessarily
mean acceptance for maintenance by the County Highway
Department.
X. "StreeY' or "Road" means a thoroughfare within the right-of-way
which affords the principal means of access to abutting property. A
street may be designated an avenue, boulevard, drive, highway,
land, parkway, place, road, court, or appropriate name. Streets are
identified according to type of use, as follows:
1. "Arterial streeY' means a street which serves the major
movement of traffic within or through a metropolitan area.
2. "Collector streeY' means a street serving internal traffic
movement and provided access to arterial streets.
3. "Controlled access streeY' means a road fully or partially
controlled by public authority.
a. "Fully controlled" means a street where preference to
through traffic is given by providing access
connections with selected public roads only and by
prohibiting crossings at grade.
b. "Partially controlled" means a street where preference
to through traffic is given, in addition to providing
access connections with some crossings at grade.
4. "Half streeY' means a part of a street which is approximately
equal to the remainder.
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AA. "Subdivision" means any land vacant or improved which is divided
or proposed to be divided into two or more lots, parcels, sites, units,
plats, or interest for the purpose of offer, sale, lease, or
development. "Subdivision" includes the division or development of
land, whether by deed, metes and bounds description, or other
recorded instruments.
1. "Major Subdivision" means all subdivisions not classified as
minor subdivisions including, but not limited to, subdivisions
of six (6) or more lots, or any size subdivision requiring any
new street or extension of the local governmental facilities,
or the creation of any improvements.
2. "Minor Subdivision" means any subdivision containing not
more than five (5) lots fronting on, or having access to, an
existing street. It shall not include the creation of any new
street or road, any improvements or the extension of
municipal facilities. , It may not be in conflict with any
provision or portion of the thoroughfare ordinance or these
regulations.
3. The following divisions of land shall not be considered a
subdivision but shall be filed in the County Surveyor's office
for review by the Subdivision Review Committee:
a. A division of land of 20 acres or more which transfers
property by aliquot part USPLS description (e.g. half,
quarter, quarter section), assuming property lines do
not run through buildings, etc., by review of the most
recent aerial photo and property owner testimony.
b. Fee simple transfers for water tanks, water towers, lift
stations, substations, cell towers, and other public
utilities (excluding building lots), as well as city,
county, state and federal transfers for roadways.
Description and exhibit (survey) of property to be
transferred shall be provided.
c. The sale, exchange or transfer of land between
adjoining property owners, where such sale or
exchange does not create an additional parcel.
(1). Tracts which have been carved out of one
parcel must be merged into an adjoining tract,
utilizing the adjoining tracYs existing PIN
number.
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CC. "Thoroughfare plan" means a plan and maps established by the
Commissioners pursuant to law, showing the location of streets and
roads, functionally classified public facilities, utilities, and describing
future infrastructure. The plan is approved, adopted, and
established by law, and any amendments or additions including
those resulting from filing and approval of subdivision plats, are
adopted by the Commissioners as a continuous updating of the
plan.
DD. "Water supply line" means a pipe for the distribution of potable
water to residential, commercial, industrial, and/or institutional uses
and/or other usage points such as fire hydrants.
ARTICLE III. SUBDIVISION REVIEW COMMITTEE
A Subdivision Review Committee is hereby established to assist with the
technical evaluation of subdivisions and to make recommendations to the
Commissioners. The Subdivision Review Committee shall consist of three (3)
members being the County Assessor, County Surveyor and one (1) member
selected and appointed each year by the Commissioners. The Subdivision
Review Committee is hereby given the authority to grant approval for Minor
Subdivisions and Property Line Adjustments as well as to assign addresses to
lots created in Replats, Major and Minor Subdivisions.
ARTICE IV. ENFORCEMENT — VIOLATIONS/PENALTIES
A. Enforcement
1. No plat of any subdivision shall be entitled to record in the
County Recorder's office or have any validity until approved
in the manner prescribed herein.
B. Violation/Penalty
1. Any person who violates any provision of this Chapter shall
be subject to a civil penalty of not less than ten dollars
($10.00) nor more than two thousand five hundred dollars
($2,500.00) for each violation. Each day a violation exists
shall be considered a separate violation, and a court may
assess a monetary civil penalty for each day the violation
exists.
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Inst�unent PG 11 OF St� _
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i. All lots numbered or lettered and all roads and streets
with approved names;
j. Building setback of front yard lines and side yard lines
for comer lots, if applicable;
k. Thoroughfare setback lines, if applicable;
Easements (Public Utility, Drainage, Ingress/Egress,
etc.) with definitions, if applicable;
m. One hundred (100) year flood contour line from FEMA
map, or statement that all areas are outside floodplain
(available online or at the County Surveyor's Office) ;
n. Statement indicating how each property will access
water and remove onsite sewage or a statement
indicating that the lot (or lots) is not intended to be
buildable;
o. Name of developer or owner, and land surveyor;
p. Names, PIN, and addresses of abutting property
owners (available in the Courthouse and on the
County's GIS website);
q. Any existing buildings and their placement on the lots;
r. Natural drainage easements designated with
statement that no buildings, structures, fences,
shrubs, or trees be placed in easements. Legal drain
designated, if applicable;
(1). Interested owners may petition the Drainage
Board to place a structure in a drainage
easement subject to any such owner executing
a Drainage Easement Encroachment
Agreement in form as approved from time to
time by the Drainage Board.
s. Flood Protection Grade (two foot above the elevation
of the regulatory flood) on each lot that partially or
completely lies within the floodplain as required by
Gibson County Ordinance 2002-4. If the lot(s) is not
intended to be buildable, the FPG requirement may
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B. Review Procedure
1. Upon receipt of a plat for a Minor Subdivision, the
Subdivision Review Committee shall review the plat for a
Minor Subdivision, within 15 days, and determine whether or
not the following conditions have been satisfied:
a. That necessary and adequate utilities and drainage
facilities have been or will be provided or statement
stating that they are not being provided.
b. That adequate measures will be taken to provide
ingress and egress to the remainder of the parcel and
surrounding properties.
c. That the subdivision will not be detrimental to or
endanger the public health, safety, or general welfare.
2. If the Subdivision Review Committee finds that the proposed
plat for a Minor Subdivision meets all the requirements as
set forth in this Article, it shall approve the plat on behalf of
the Commissioners along with a certificate of approval.
3. If the Subdivision Review Committee finds that the proposed
subdivision does not meet all the requirements as set forth in
this Article, it shall disapprove the plat, set forth the reasons
in writing, and provide the subdivider with a copy. The
subdivider has no more than sixty (60) days after this initial
disapproval by the Subdivision Review Committee to
resubmit the plat for approval. After this sixty (60) day
period, the subdivider forfeits their filing fee and will be
required to start the process over if he wishes to resubmit.
4. The subdivider may appeal any decision of the Subdivision
Review Committee to the Commissioners at a regularly
scheduled Commissioners' meeting, at which the
Commissioners can approve the proposed subdivision as is
or require the subdivision to be resubmitted with suggested
changes.
5. Upon approval, the developer or subdivider shall record the
plat with the County Recorder within six (6) months. If not
recorded within this time, the approval shall be null and void
unless renewed.
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Instrunent PG IS OF S4
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d. Boundaries of the tract with accurate dimensions and
bearings, as determined by an accurate survey in the
field which has been balanced and closed, as well as
physically located by monumentation or proper
witnesses;
e. When possible, the boundary survey shall be tied into
the Indiana State Plane, West Zone coordinate
system;
f. Location and description of all monuments with
references by distance and bearings to at least one
quarter section corner, militia donation, location,
survey (original government), or claim corner;
g. Length of lot lines and area of lots, bearings and
distances, radii, ares, and complete curve data for all
horizontal curves;
h. All lots numbered or lettered and all roads and streets
with approved names;
Public way widths, maximum grades, approximate
curves, and coordination of subdivision public ways
with current and planned public ways within the
subdivision;
j. Streets adjacent to the new subdivisions with their
names;
k. Building setback of front yard lines and side yard lines
for corner lots;
I. Thoroughfares setback lines, if applicable;
m. Contours shown at vertical intervals of two and one-
half feet if the general slope of the site is less than
two percent, and at vertical intervals of five feet if the
general slope is greater than two percent, as taken
from available county, state, or federal maps;
n. One hundred (100) year flood contour line from FEMA
map, or statement that all areas are outside
floodplain;
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Instrun?nt PG 17 DF 54
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z. Social security redaction statement as required by I.
C. § 36-2-11-15
3. Engineering Feasibility Report. A feasibility report including
but not limited to the following:
a. Existing System. A letter from the accepting sewage
and/or water authority allowing connection with the
system(s) or demonstrating sufficient capacity will
also meet this requirement.
b. Community System. If connection to an existing
sewage or water system is not feasible, the feasibility
of constructing a community sewerage and water
system shall be studied. The study shall give
consideration to treatment works, receiving stream,
lagoon, etc. and community water supplies.
c. Drainage Facilities. A study of the stormwater
drainage for the area, a method of dispersion or
retention and adequacy of downstream facilities. This
study shall give consideration to both water entering
the subdivision from adjacent land and water within
the boundaries of the subdivision.
d. Street Construction. A preliminary report on the
type(s) of street construction based on the
specifications outlined in Resolution 1973-1, as
amended.
4. Submission to Utility Companies. The subdivider shall send a
copy of the plat to local utility companies, as designated by
the Subdivision Review Committee, to request comments
from such utilities regarding the proposed subdivision and its
impact, if any, on existing utilities. A proof of mailing to each
utility and all responses received shall be filed with the
County Surveyor.
B. Review Procedure
1. Upon receipt of an application for primary plat approval, the
Subdivision Review Committee shall review the primary plat
and make a report to the Commissioners within fifteen (15)
days.
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submitted on the primary plat as a guide to the preparation
of the final plat and shall permit the subdivider to proceed
with construction of improvements for which designs and
specifications shall have been approved by the appropriate
agencies. Approval of the primary plat will terminate two (2)
years after the date of approval unless further extended by
the Commissioners upon written request of the subdivider.
4. Upon approval of the plat, the Commissioners will indicate
upon each copy that it has been approved. One copy shall
be retumed to the subdivider along with a written statement
indicating the action taken by the Commissioners. If
approved with conditions, a written copy of the conditions
shall accompany each copy of the approved plat. If
disapproved the Commissioners shall return to the
subdivider three (3) copies of the plat marked "Disapproved
by the Gibson County Commissioners," along with a written
statement indicating the reason or reasons for its
disapproval.
ARTICLE VIII. MAJOR SUBDIVISION - FINAL PLAT
A. General
The final plat will not be considered for approval until the action taken by
the Commissioners on the required primary plat has been completed.
When the final plat submitted does not substantially conform to the
approved primary plat, the subdivider shall not file an application for final
plat approval until said primary plat has been amended in accordance with
the same procedure required for primary plat approval.
B. Phasing
The subdivider may request final plat approval for all or any portion of the
approved primary plat, provided, however, that submission of a final plat
covering only a portion of the area contained in the approved primary plat
may be permitted only after consideration of the effect of the continuity of
roads, utilities and services.
C. Final Plat
1. At least fifteen (15) days prior to the next regular meeting of
the Commissioners, the subdivider shall submit to the
County Surveyor's office for final plat approval the original
ink drawing on reproducible material (Mylar or equivalent),
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Accurate outlines of any area other than public ways
to be dedicated or reserved for public or semi-public
use, with the purposes indicated thereon; and for any
areas to be reserved for use of all property owners;
m. Acknowledgment by the County Surveyor that all
requirements of the Drainage Plan approved by the
Gibson County Drainage Board for the subdivision
have been met (Appendix B);
n. Acknowledgment, by owner, as required by I.C. § 36-
7-3-2 (c), of the adoption of the plat and the
dedication of streets, other public areas, and utility
and drainage easements (Appendix C);
o. Each final plat submitted to the Commissioners for
approval shall carry a certificate signed by the owner
(Appendix D);
p. A signed and notarized statement by the owner
indicating that the applicant is the owner of the land to
be subdivided and that the subdivision shown on the
plat to be recorded is made with his, her, or their free
consent (Appendix C and D);
q. Proper form for the acceptance of dedications by the
Commissioners (Appendix E);
r. Form for the approval of the Commissioners
(Appendix F);
s. Restrictive covenants regulating the use and
development of the lots shall be included on the plat
or made a part thereof, subject to the approval of the
Commissioners;
t. Flood Protection Grade (two foot above the elevation
of the regulatory flood) on each lot that partially or
completely lies within the floodplain as required by
Gibson County Ordinance 2002-4 ;
u. Reference to a recorded survey of the parent parcel;
v. Social security redaction statement as required by I.
C. § 36-2-11-15.
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Soil Conservation Service, are subject to
erosion by wind or water;
(2). A proposed plan for adequately controlling
erosion during construction, and stabilizing
these areas after construction. These erosion
control measures shall be in accordance with
standards and specifications on file in the
Gibson County Soil and Water Conservation
District Office.
E. Final Plat Approval Prerequisite
Prior to the Commissioners' action on the application for final plat
approval, the Commissioners shall have received either a performance
guarantee or a completion affidavit.
F. Review Procedure
1. Upon receipt of an application for final plat approval, the
Subdivision Review Committee shall review the final plat and
make a report to the Commissioners within fifteen (15) days
after the final filing date.
a. If the Subdivision Review Committee finds that the
final plat has been prepared in accordance with the
terms of this Ordinance, it shall forward a report so
stating to the Commissioners for consideration.
b. If the Subdivision Review Committee finds that the
final plat has not been prepared in accordance with
the terms of this Ordinance, it shall submit to the
subdivider a written specification of the items of
nonconformance and shall submit a copy of same to
the Commissioners.
2. The Commissioners shall, upon the filing of an application
for final plat approval, review the final plat along with the
accompanying data, hear the report of the Subdivision
Review Committee, and determine whether or not the final
plat meets all minimum requirements and standards of this
Ordinance and of all other applicable Ordinances in the
County. The Commissioners shall then take one of the
following actions on the final plat within thirty (30) days after
its submission or a mutually agreed upon extension
(between Commissioners and Subdivider).
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2U120UODOE31
detailed statement of the question to the Subdivision
Review Committee for further review and a finding.
3. Upon Final Approval of the final plat, the Commissioners
shall indicate upon each copy that it has been approved.
One copy shall be returned to the subdivider, along with the
written statement indicating the action taken by the
Commissioners if approved with conditions, a written copy of
the conditions shall accompany each copy of the Approved
Final Plat.
4. Approval of a final plat by the Commissioners shall not be
construed as an acceptance by the public of the offer of
dedication of any street improvement, way, place, structure,
utility improvement, or open space improvements, within
such areas shown upon the plat unless such acceptance is
endorsed by the Commissioners by written notice of
approval then added to the original tracing of the final plat.
5. After the Commissioners have granted approval of the final
plat for record, the Commissioners shall affix their signatures
to the original tracing. The Subdivision Review Committee
will then record the plat with the Recorder of the County.
One reproducible print of the plat, as recorded, shall be filed
and retained in the Office of the Gibson County Surveyor
along with any references to restrictive covenants (if
applicable).
G. Performance Guarantee
1. If the subdivider files a performance guarantee (Appendix G)
to the Commissioners for approval, with the subdivider or
some other person satisfactory to the Commissioners as
principal, the performance guarantee shall:
a. Run to the Commissioners.
b. Be in an amount equal to one hundred twenty percent
(120%) of the cost, as certified by the developer's
engineer and verified by the County Engineer, of all
improvements and installations as required by this
Ordinance, excluding, however, the cost of any said
required improvements and installations which have
been constructed, installed and complete in
compliance with the requirements of this Ordinance
prior to the providing of this bond and for which
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d. Warrant the workmanship and all materials used in
the construction, installation and completion of said
improvements, and installations to be of good quality
and have been constructed and completed in a
workmanlike manner in accordance with the
standards, specifications and requirements of this
Ordinance and the satisfactory plans and
specifications therefore submitted and satisfactory to
the Commissioners;
e. Provide that for a period of not less than three (3)
years after said installations and improvements have
been completed or are accepted for public
maintenance by the Commissioners, the applicant
will, at his own expense, make all repairs to said
improvements and installations, or the foundations
thereof, which may become necessary by reason of
improper workmanship or materials, but not including
damage to said improvements and installations
resulting from forces or circumstances beyond the
control of said applicant or occasioned by the
inadequacy of the standards, specifications, or
requirements of this Ordinance.
2. Any funds received from the maintenance guarantee
required by this Ordinance shall be used only for the
purpose of making repairs for which said guarantees were
provided and in accordance with the standards,
specifications and requirements of this Ordinance.
ARTICLE IX. RESUBDIVISION AND/OR REPLATTING OF LAND
A. Procedure for Resubdivisions/Replatting
If any change in an approved or recorded subdivision plat affects street
layout (shown on such plat), areas reserved thereon for public use, or lot
lines (including the division of any lot by plat or otherwise that creates an
additional building site within a previously approved subdivision plat), such
change shall be considered a replat of the lots affected within the
previously approved plat. Replats shall be approved by the
Commissioners by the same procedure, rules, and regulations as for
subdivisions. Such change also must be made in conformity with the
statutes governing platting and vacating of public ways (I.C. § 36-7-3, et
seq., as amended). The replat shall be titled as follows: Original Plat
Name — Replat of Lots X, Y, Z(e.g. Original Plat of the Town of Princeton
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b. Local or residential street systems shall be designed
to minimize through traffic movement, but street
connections into and from adjacent areas may be
required.
c. Local street patterns shall provide reasonable direct
access to the primary circulation system.
d. Local circulation systems and land development
patterns shall not conflict with the e�ciency of
bordering arterial routes.
e. Elements in the local circulation system should be
designed with the least amount of interruptions
possible in order to function effectively and safely.
f. Traffic generators within residential areas shall be
considered in the design of the circulation pattern.
g. The planning and construction of residential streets
shall clearly relate to their local function.
h. Local streets shall be designed to discourage
excessive speeds.
i. Pedestrian-vehicular conflict points shall be
minimized.
j. The number of intersections shall be minimized.
k. Local streets shall be related to the topography.
B. Geometric Street Standards
All dedicated rights-of-way shall conform to the Ordinance Designating
Procedures for use of Gibson County Road Easements and Rights-of-Way
in Gibson County, Indiana, as amended, and Resolution 1973-1, as
amended.
C. General Street Standards and Requirements
1. Road Entrance locations must be approved by the
Subdivision Review Committee.
2. No street names may be used which will duplicate, or be
confused with, the names of existing streets, unless for
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D. Block Standards
1. Block length and width or acreage within bounding streets
shall be such as to provide for convenient access, circulation
control, and safety of street traffic.
2. The maximum block length shall be 1,200 feet. In the design
of blocks longer than 800 feet, the Commissioners may
specify the provision of pedestrian crosswalks near the
center, or wherever most useful to facilitate pedestrians'
circulation to a school, park, recreation area, shopping
center, or other significant neighborhood destination.
3. Residential blocks shall be of sufficient depth to
accommodate two tiers of lots of minimum depth, except
where reverse frontage lots bordering a freeway, arterial
street, or floodplain are used.
4. No specific rule concerning the shape of blocks is made, but
blocks must fit easily into the overall plan of the subdivision,
and their design must evidence consideration of lot planning,
traffic flow, and public areas.
E. Lot Standards
1. Subdivision lots shall be adequate for the type of
development and land use proposed.
2. The lot size, width, depth, shape, grade, location and
orientation shall be in proper relation to street and block
design and to existing and proposed topographical
conditions.
3. Every lot or parcel shall have access to a public street
designated, designed and improved in accordance with the
terms of this Ordinance.
4. Side lines of lots shall be approximately at right angles or
radial to the street line.
5. Lots abutting a watercourse, drainageway, channel or
stream shall have additional width or depth as required to
provide an adequate building site and provide the minimum
usable area for front, rear and side yards.
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to storm drainage facilities within said subdivision unless
runoff characteristics have been changed by the newly
proposed improvements or unauthorized existing
improvements.
ARTICLE XI. IMPROVEMENTS AND INSTALLATIONS
A. General
1. Subdivision improvements shall be designed, furnished and
installed by the subdivider in accordance with requirements
of this Article, State, County or Town Road Standards, and
other requirements of the State, County, or Town, and
whatever the applicable requirements of any other
governmental unit are higher or more restrictive, those
requirements shall control any application or plat approval.
No subdivision plat shall be approved by the Commissioners
unless the following improvements have been completed as
herein specified and required, or the subdivider provides a
performance guarantee therefore as specified in Article 4 of
this Ordinance.
2. Prior to any construction in the subdivision, the subdivider
shall submit copies of the construction drawings for streets
and drainage facilities to the Commissioners and County
Surveyor.
3. The Subdivider shall provide written notice to the County
Engineer at least two (2) weeks prior to commencing
construction.
4. Supervision and inspection of construction of all required
improvements shall be under the direction of the
Commissioners' appointee.
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maintenance of private roads on the plat and install a
sign at the entrance (approved by the Gibson County
Highway Department) of the road giving the name of
the road and labeling the road as "Privately Owned
and Maintained Road". The subdivider must
demonstrate to the reasonable satisfaction of the
Subdivision Review Committee that the private roads
will be properly maintained. Further, the seller shall
furnish the initial purchaser of a newly created lot
served by a private roads with a disclosure statement
outlining the maintenance responsibilities for the road.
3. Curb and Gutter: Whenever a proposed subdivision
contains more than two (2) lots per acre of land platted into
lots; the curbs shall be a combined curb and gutter type
twenty-four (24) inches from front to back of a type approved
prior to use by the Gibson County Highway Engineer or a
representative designated by the Board of County
Commissioners of Gibson County. Twenty-four (24) feet
overall.
4. Roadside Street Swales. Streets not having curb and gutter
shall conform to Road Standards Ordinance 2011-5 and
provide the following:
a. Side ditch swales measuring 12 inches deep at a
point 5 feet inside the right-of-way line
b. Culverts under the roadway, where necessary size of
culvert to be according to amount of stormwater flow
but not less than 15 inches (all culverts shall extend at
least 5 feet beyond either edge of the paved roadway)
and
c. Relief of side ditches and swales along the roadway
through the use of off-street retention basins or
existing County drainage channels.
5. Street Identification Signs: It shall be the responsibility of the
subdivider to provide and install street identification signs at
all street intersections within the subdivision prior to the
construction of any permanent improvements other than
those specifically set forth by this Ordinance. Said signs and
posts shall conform to the following standards or be of a
design approved by the Commissioners after appropriate
consideration of future maintenance.
3�
Instrua?nt PG 37 OF 54
2012(UJOOOE31
3. When topsoil has been removed from the surface of a lot on
a slope where erosion will cause a displacement of loose
materials, the subdivider shall be required to seed or provide
other means to prevent the wash from damaging adjacent
property or accumulating on street surfaces. These erosion
control measures shall be in accordance with standards and
specifications on file in the Gibson County Soil and Water
Conservation District office.
4. In order to insure the maintenance of a properly designed
and installed drainage system, the following paragraphs
shall be required as a provision of the restrictive covenants
of all final plats and shall be included in all deeds written
relative to said plats. The proposed owner shall sign, and
such signed copy of this covenant shall be filed with the
County Surveyor.
a. Drainage swales (ditches) along dedicated roadways
and within the right-of-way, or on dedicated drainage
easements, are not to be altered, dug out, filled in,
tiled, or othervvise changed without the written
permission of the Gibson County Commissioners.
Property owners must maintain these swales as
sodded grassways, or other non-eroding surfaces.
Water from roofs or parking areas must be contained
on the property long enough so that said drainage
swales or ditches will not be damaged by such water.
Driveways may be constructed over these swales or
ditches only when appropriately sized culverts or
other approved structures have been permitted by the
County Commissioners.
b. Any property owner altering, changing, or damaging
these drainage swales or ditches will be held
responsible for such action and will be given 10 days
notice by registered mail to repair said damage, after
such time, if no action is taken, the Gibson County
Surveyor will cause said repairs to be accomplished,
and the bill for such repairs will be sent to the affected
property owners for immediate payment.
D. Sanitary Sewage Disposal
Sanitary sewage system shall be designed and constructed by the
subdivider to provide adequate sewage service for all lots in the proposed
subdivision. A subdivision plat shall not be considered for final approval
37
Instrunent PG 39 OF 54
?U1200AOOE31
F. Monuments and Markers
1. Monuments and markers shall be installed by a registered
land surveyor.
2. The boundary survey shall be tied into the Indiana State
Plane, West Zone coordinate system whenever possible.
3. All U.S., State, County or other official benchmarks,
monuments, triangulation stations, or private property
corners in or adjacent to the property shall be preserved in
precise position.
ARTICLE XII. MODIFICATIONS AND EXCEPTIONS
A. Intent
The Commissioners are hereby authorized and empowered to grant such
modifications and exceptions to the terms of this Ordinance, as will not be
contrary to the public interest, where owing to special conditions, fully
demonstrated an the basis of the facts presented, strict compliance with
specific provisions of the Ordinance will result in extreme practical
difficulties or undue misuse of property.
1. In the exercise of this authorization, the Commissioners shall
grant said modification or exception only upon the
determination that:
a. The grant will not be detrimental to the public health,
safety, and general welfare of the community.
b. The grant will not adversely affect the reasonable
development of adjacent property.
c. The grant is justified because of topographic or other
special conditions unique to the property involved, in
contradistinction to mere inconvenience or financial
disadvantage.
d. The grant is consistent with the objectives of this
Ordinance and will not have the effect of nullifying the
intent and purpose of this Ordinance.
39
I�strum?nt PG 42 OF 54
201200IIOOE31
by the fee schedule adopted by Commissioners' resolution. The fee
schedule shall not be a part of this Ordinance and may be revised
annually by Commissioners' resolution. These fees are defined by the
Commissioners.
ARTICLE XIV. ORDAINING CLAUSE
A. This Ordinance shall take effect upon its passage and publication
as required by law.
B. All ordinances or parts of Ordinances in conflict herewith are to the
extent of such conflict hereby repealed.
NOW, THEREFORE, BE IT ORDAINED by the Commissioners of Gibson
County, Indiana, that this Subdivision Control Ordinance be passed and enacted
on this I�'�`' day of 7�}N�qRY , 2012, as General Ordinance numbered
Zo � 2-Z
THE BOARD OF COMMISSIONERS OF
GIBSON COUNTY, STATE OF INDIANA
%// ,/ i/
� I . � _i.%" �
- .. -. .- ' •-
��a
Alan Douglas, Vice-Pr ident
Bob Townsend
Attest:
,� . N�
C.T. Montgomer \, A �itor
V
42
� Instrunent PG 43 OF 54
� — 20124A000831
APPENDIX A
Land Surveyor's Certificate
I hereby certify that I am a Land Surveyor registered in compliance with
the laws of the State of Indiana; and I do hereby further certify that this
plat depicts a survey made by me or under my supervision, and to the
best of my knowledge and belief, conforms with the requirements as set
forth in Indiana Surveying Law (IAC 865) and complies with all
requirements of the Gibson County Subdivision Control Ordinance.
Signed this day of , 20_.
Land Surveyor's Signature
Typed or Printed Name
(SEAL)
43
Instruuent PG 45 OF 54
20124DOME31
APPENDIX C
Dedication Certificate
Each plat submitted to the Commissioners for final approval shall carry a
deed of dedication, either of said plat or incorporated therein by reference,
in substantially the following form:
"We, the undersigned owners of the real estate shown and described
herein, do hereby lay off, plat and subdivide said real estate in accordance
with the herein plat.
This subdivision shall be known and designated as
, an addition to the City, Town,
Township, Gibson County, State of Indiana. All streets and public open
spaces shown and not heretofore dedicated, are herein dedicated to the
public. Note: Dedication does not mean the county accepts the road for
maintenance.
Building setback lines are hereby established as shown on this plat.
There shall be no building or structure erected within these lines.
Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat. Within these
easements, no structure, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation
and maintenance of utilities or which may change the direction of flow or
drainage channels in the easements. The easement area of each lot and
all improvements in it shall be maintained continuously by the owner of the
lot, except for those improvements for which a public authority or utility
company is responsible.
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
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."
Witness our hands and seals this day of , 20
Signature
Signature
45
Instrunent PG 67 OF S4
20120D000831
APPENDIX E
Acceptance of Dedications
The following certificate shall appear on all Final Plats and Certified
Surveys including an Acceptance of Dedication:
"Be it resolved by the Board of Commissioners of Gibson County, Indiana
that the dedications shown on this plat are hereby approved and accepted
this day of , 20_
Commission President
Typed or Printed Name"
47
i Inskrum?nt PG 49 OF 54
- 20124A�.N�g31
APPENDIX G
Sample Performance Guarantee Form — Irrevocable Letter of Credit
Financial Institution Letterhead
Date
Board of Commissioners of Gibson County
Address
Re:
Commissioners:
Please be advised by this letter that we, the undersigned, agree to
act as surety for Name of DevelopeNOwner in performing the work
required by the Gibson County Subdivision Control Ordinance's
specifications for the above named project. The total amount for this
Letter of Credit is $ .00.
Said moneys are available to you at any time subject to our receipt
of your signed statement that Name of Developer/Owner has failed to
perform the work indicated above according to specifications. All of the
moneys shall be available until we receive a written notification from you
that the moneys may be released. ,
This Letter of Credit is effective as of current date, and shall expire
on expiration date (at least one (1) year from the effective date), but such
expiration date shall be automatically extended for a period of one (1) year
and one each successive expiration date, unless a release is received
from the Board of Commissioners of Gibson County at the address listed
above and Name of Developer/Owner by certified, return receipt mail at
least ninety (90) days before the current expiration date that we have
decided not to extend this Letter of Credit beyond the current expiration
date. In the event of such notification by us, the credit established by this
letter shall be available to the Board of Commissioners of Gibson County
upon demand for payment for ninety (90) days, as shown on the signed
return receipt after receiving such notice.
Sincerely,
Financial Institution Agent
49
Inst�unent PG 51 OF 54
— Zb1200D00E31
APPENDIX I
Sample Maintenance Guarantee Form — Irrevocable Letter of Credit
Financial Institution Letferhead
Date
Board of Commissioners of Gibson County
Address
Re:
Commissioners:
Please be advised by this letter that we, the undersigned, agree to
act as surety for Name of Developer/Owner in maintaining the work
required by the Gibson County Subdivision Control Ordinance's
specifications for the above named project. The total amount for this
Letter of Credit is $ .00.
Said moneys are available to you at any time subject to our receipt
of your signed statement that Name of DevelopeNOwner has failed to
maintain the work indicated above according to specifications. All of the
moneys shall be available until we receive a written notification from you
that the moneys may be released.
This Letter of Credit is effective as of current date, and shall expire
on expi�ation date (at least three (3) years from the effective date), but
such expiration date shall be automatically extended for a period of one
(1) year and one each successive expiration date, unless a release is
received from the Board of Commissioners of Gibson County at the
address listed above and Name of Developer/Owner by certified, return
receipt mail at least ninety (90) days before the current expiration date that
we have decided not to extend this Letter of Credit beyond the current
expiration date. In the event of such notification by us, the credit
established by this letter shall be available to the Board of Commissioners
of Gibson County upon demand for payment for ninety (90) days, as
shown on the signed return receipt after receiving such notice.
Sincerely,
Financial Institution Agent
51
_ Instruro?nk PG 53 OF 54
20120UDOU�31
- Notorized owner certificate
_ - Social security redaction statement
Items that may be required
_- Tied to Indiana State Plane Coordinates (when possible)
_ - Building setbacks
Thoroughfare setbacks
_ - Necessary easements with definitions
- Verification signed by County Health Department designating potential
future septic location on each lot (or statement that the lots are not
intended to be buildable)
_ - Natural drainage easements
- Flood Protection Grade
- Reference to a previously recorded survey of the parent parcel
- Contours
53