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County Commissioner Ordinance - January 2012,, � Instrunent FG 2 OF 54 ` ' 24120000DE31 ARTICLE I. GENERAL PROVISIONS A. SHORT TITLE. This Ordinance shall be known and may be cited as the Subdivision Control Ordinance of Gibson County, Indiana. B. AUTHORITY. This Ordinance is adopted pursuant to Indiana Code 36-7-3, et seq., and all amendments thereto. C. PURPOSE: The purpose and intent of these regulations is to serve as a guideline encouraging the proper planning and development of subdivisions in order to protect and provide for the public health, safety, and welfare of the county and ensure that public facilities and services are available to support the subdivision or that the absence of those facilities and services would be clearly disclosed on the plat (as hereinafter defined). D. JURISDICTION. This Ordinance shall apply to all subdivisions of land within all unincorporated areas of Gibson County, Indiana as now or hereafter established. All previously recorded subdivisions will not be subject to this ordinance. E. SEVERABILITY. If any provision of this Ordinance or the application of any provision to particular circumstances is held invalid, the remainder of the Ordinance or the application of such provision to other circumstances shall not be affected. ARTICLE II. DEFINITIONS Unless otherwise expressly stated, the following words shall, for the purpose of this Ordinance have the meanings herein indicated. Any pertinent word or term not a part of this listing but vital to the interpretation of this article shall be construed to have its usual legal meaning. Words used in the present tense include the future, the singular includes the plural and plural the singular. The word "used" includes "designed" or "intended" to be used. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement and the word "should" is a preferred requirement. A. "Abutting property owners" means the official owners of record, whose property is contiguous to the subject property; any property which would touch any point of the subject property ignoring all rights-of-way, easements, alleys, streets and the like. � � Instrument FG 4 OF 54 ' ?01200UDDE3i � M. "Floodplain" means the relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The floodplain includes the channel, floodway, and floodway fringe. N. "Improvements" means the installation of storm sewers, sanitary sewers, public streets, curbs, gutters, sediment basins and sidewalks. O. "Legal drain" means an open ditch or a tiled ditch, or a combination of the two, which are subject to the jurisdiction and control of the Gibson County Drainage Board and/or Drainage District Boards as regulated drains. P. "Local Governmental Facilities" means any water line, sewer line, legal drain, or any other facility or interest owned, maintained or substantially controlled by any political subdivision or municipal corporation. Q. "Location map" means a small inset map showing the location of a tract of land in relation to a larger area. R. "LoY' means the tract of land within a subdivision marked by the subdivider on the plat as a numbered, lettered, or other identified tract of land to be offered for sale, dedication, or development, which is an identifiable parcel of land having frontage on a public street, or right-of-way, or acceptable easements. 1. "Corner IoY' means a lot located at the intersection of two or more streets, the interior angle of such intersections not exceeding 135 degrees. 2. "Double frontage IoY' means a lot other than a corner lot with frontage on more than one street or through lots abutting two streets. 3. "Interior IoY' means a lot with only one frontage on a street. S. "PIaY' means a map, drawing, or chart upon which the subdivider's plan of the subdivision is presented and which he submits for approval and intends to record in the final form. T. "PIN" means Parcel Identification Number. 4 m Instrun?nt PG 6 OF 54 ?U120DAflOE31 5. "Local streeY' means a street whose primary function is to provide access to immediately adjacent lands. It generally serves the residential and minor commercial areas of the community. 6. "Partial streeY' means a street which is, or will become, a part of a whole or complete street. 7. "Private road" means a local street that is not dedicated or accepted for public use or maintenance, which provides vehicle and pedestrian access. 8. "Public streeY' means a street dedicated, owned, and maintained by a public entity for the purpose of vehicle and pedestrian access. a. "Acceleration lane" means an auxiliary lane constructed as part of the driveway which enables egressing vehicles to increase speed prior to entering the through traffic stream. b. "Deceleration lane" means an auxiliary lane constructed as part of the driveway which is used by ingressing vehicles to reduce speed prior to entering a site. The lane may also provide some deceleration vehicle storage. c. "Frontage road" means a through road auxiliary to and located adjacent to a public road for service to abutting property. d. "Passing blister" means an auxiliary lane constructed opposite of the driveway which enables through traffic to maneuver around vehicles turning left into a site. Y. "Sketch Plan" means an informal, informational drawing preparatory to the drawing of the preliminary plat to enable the subdivider to save time and expense in reaching a general agreement with the Commissioners as to the form of the plat and conformance to the objectives of this Ordinance. Z. "Subdivider" means any individual, firm, association, partnership, corporation, trust or any other legal entity commencing proceedings under this Ordinance to effect a subdivision of land hereunder. � Instrunent PG E Of 54 201200000E31 (2). A property line adjustment plat must be filed for metes and bounds tracts and/or for property previously subdivided that does not have affected easements and/or setbacks indicated in the area of the transfer pursuant to the procedure set forth in Section Y.4. below. The Subdivision Review Committee shall grant approval within fifteen (15) days (with at least two of the three members of the Committee signing) if the division of land meets the requirements in the exceptions set forth above in items a, b, or c and does not conflict with any other ordinance, regulation, code, rule or law. 4. Property lines between parcels that share a common property line, are commonly zoned (where applicable), and within the same taxing district can be adjusted through a property line adjustment. Persons desiring to adjust a property line which meets the requirements set forth herein may first contact the Subdivision Review Committee to review the planned property line adjustment. Property line adjustment plats which change property lines but do not increase the number of parcels, or impact existing easements and/or setbacks, must be prepared by a licensed surveyor and shall be filed in the County Surveyor's Office and recorded by the applicant with the County Recorder (the deed for the property to be transferred shall be cross- referenced to the existing adjoining tract to which it will be merged) upon approval by the Subdivision Review Committee. The property being transferred must be monumented. The newly sized parcels must meet all Subdivision Control Ordinance requirements and may not conflict with any other regulation, rule or law. Proposed property line adjustment plats which do not meet all of the conditions established for a property line adjustment herein, shall be denied by the Subdivision Review Committee. The division and conveyance of property without following the County's property line adjustment procedure as established herein is a violation of the Subdivision Control Ordinance of Gibson County, Indiana. BB. "Subdivision Review Committee" means a technical review committee established under Article III of this Ordinance. 0 Instrunent PG Ip OF 54 20120r�0A0E31 ARTICLE V. MINOR SUBDIVISION A. Submission and Fees 1. A subdivider desiring approval of a plat for a Minor Subdivision of any land lying within the jurisdiction of Gibson County, Indiana, shall submit a plat of the subdivision in accordance with this Article to the County Surveyor. 2. A subdivider shall submit to the County Surveyor's office a plat drawn on reproducible material (Mylar or equivalent), not larger than twenty-four (24) inches by thirty-six (36) inches, at a minimum scale of 1"=100' (i.e. 1"=100', 1"=60', etc.), five (5) prints, and if available, an electronic copy, showing: a. Title "Minor Subdivision;" b. Name of subdivision, and legal boundary description; c. Recording data of the deed of the property being divided, including deed book and page number or document number, and tax block and lot number (a copy of the deed should be attached); d. Scale shown graphically, date, location map and north point; e. 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; f. When possible, the boundary survey shall be tied into the Indiana State Plane, West Zone coordinate system; g. Location and description of all monuments with references by distance and bearings to at least one quarter section, militia donation, location, survey (original government), or claim corner; h. Length of lot lines and area of lots, bearings and distances, radii, ares, and complete curve data for all horizontal curves; 10 I�strun?nt PG 12 Of .54 2012�U4DDE31 be waived, assuming a statement is added to the plat indicating that before a structure may be built on the lot(s) it must first submit to DNR, requesting the Base Flood Elevation in order to determine the FPG for the lot(s); t. Verification signed by County Health Department designating potential future septic location on each lot which will not tap into existing sanitary sewers. If the lot or lots are not intended to be buildable (i.e. agricultural land within floodway), the Subdivision Review Committee may allow a statement to be added to the plat exempting this requirement; u. All boundary surveys shall comply with the minimum standards for competent practice of land surveying as set forth in IAC 865, Rules 1— 12; v. Reference to a recorded survey of the parent parcel if the minor subdivision doesn't include a surveyor's report and additional items required under IAC 865, Rules 1-12; w. Certificates by a registered land surveyor and by the owner(notarized); x. Social security redaction statement as required by I. C. § 36-2-11-15. y. The Subdivision Review Committee may require contours if the land has been significantly changed since 2007 (when the county obtained 2 foot contours). If required to show contours on plat, they should be 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; 3. The submission of a Minor Subdivision plat shall be accompanied by such fee(s) as may be established from time to time by the Subdivision Review Committee and approved by the Commissioners. 12 I�strunent PG 14 Of S4 2U1200000E31 C. Waiver of Requirements Upon recommendation by the Subdivision Review Committee, the Commissioners are hereby authorized to waive any or all requirements of this Ordinance when literal enforcement would result in unnecessary hardships and when such waiver will not be contrary to the public interest. ARTICLE VI. Major Subdivision SKETCH PLAN. Prior to submission of a Major Subdivision plat, the subdivider shall provide a sketch plan and consult informally with the county surveyor. This will enable the subdivider to become familiar with the general requirements and conditions which might affect the subdivision and thus avoid unnecessary revisions. The Sketch Plan should be in a tentative form with sufficient detail for review and comments. ARTICLE VII. MAJOR SUBDIVISION - PRIMARY PLAT A. Submission 1. At least fifteen (15) days prior to the regular meeting of the Commissioners, the subdivider shall submit to the County Surveyor's office a written application for primary plat approval together with the following: 2. Seven (7) copies of the primary plat drawn on reproducible material (Mylar or equivalent) not larger than twenty-four (24) inches by thirty-six (36) inches, at a minimum scale of 1"= 100' (i.e. 1"=100', 1"=60', etc.) and encompassing all contiguous parcels of property owned by or under the control of the subdivider (and, if available, electronic submission) and showing the following: a. Title "Major Subdivision;" b. Name of subdivision and legal boundary description; c. Location map of subdivision, noRh point, and graphic and written scale; 14 Instrun?nt PG 16 OF S4 ?Ol TfiDDODE31 o. Location of all existing utilities as located by Indiana Underground (including ticket number) and extension of water, sewer, and other municipal services, if applicable; P• 9� r. s. Name of developer or owner and land surveyor; Names, addresses and PIN of abutting property owners; Any existing buildings and their placement of the lots; Parcels of land to be reserved for schools, parks, playgrounds, or other public purposes; t. Location of all property that is dedicated for public use and all property that may be reserved by covenant for the common use of the property owners in the subdivision; u. Natural drainage easements designated with statement that no buildings, structures, fences, shrubs, or trees be placed in easements. Legal drain designated, if applicable. v. (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. Verification signed by County Health Department designating potential future septic location on each lot. w. All boundary surveys shall comply with the minimum standards for competent practice of land surveying as set forth in IAC 865, Rules 1— 12. � Y• Reference to a recorded survey of the parent parcel. Certificates by a registered land surveyor and by the owner (notarized). �� Instruoent PG 18 Of 54 - 2G1200000831 a. If the Subdivision Review Committee finds that the primary plat has been prepared in accordance with the terms of this Ordinance, it shall forvvard a report so stating to the Commissioners for consideration. b. If the Subdivision Review Committee finds that the primary plat has not been prepared in accordance with the terms of this Ordinance; it shall return the plat to the subdivider with a written specification of the items of non-conformance and shall submit a copy of same to the Commissioners. 2. The Subdivision Review Committee shall set a date for a hearing at which the proposed plat will be publicly examined in front of the Commissioners. Notice of such public hearing shall be given by the Subdivision Review Committee as follows: a. By publication in accordance with the law; b. To the applicant, in writing, by means of regular United States mail, postage prepaid, addressed to the applicant at the address listed in the application for approval; and c. To Abutting Property Owners. d. The Surveyor shall send a copy of the plat and written notice of the date, place and time of the public hearing thereupon, to all public agencies and governmental units having a probable interest (Assessor, Commissioners, Drainage Board, Health Department, Highway Department, etc.) in the proposed subdivision and plat, requesting their written comments with regard to the primary plat proposed by the applicant. 3. Following the public hearing, the Commissioners may then approve the primary plat (grant plat approval), approve subject to conditions, or refer it back to the Subdivision Review Committee for review or study on a specific technical matter, or disapprove it. The Commissioners may require such changes or revisions as are deemed necessary in the interest and needs of the community. Approval of a primary plat shall not constitute approval of a final plat. Rather, it shall be deemed an expression of approval to the layout 18 Inskrunent PG 20 OF 54 ?412Q4000E31 not larger than twenty-four (24) inches by thirty-six (36) inches, at a minimum scale of 1"=100' (i.e. 1"=100', 1"=60', etc.), five (5) prints, and if available, an electronic copy of the plat. Said plat shall include: a. Name of subdivision; b. Location by section, township and range, militia donation, location, survey, or claim, and the legal description of the property platted; c. The name and certification and signature of the Land Surveyor preparing or certifying the plat (Appendix A); d. Scale shown graphically, date, location map and north point; e. Length of lot lines and area of lots, bearings and distances, radii, ares, complete curve data for all horizontal curves, and lot numbers for each lot; f. Whenever possible, the boundary survey shall be tied into the Indiana State Plane, West Zone coordinate system; g. All lots numbered or lettered and all roads and streets with approved names; exact location, right-of-way width and name of all streets within and adjoining the plat; h. True angles, bearings, and distances (metes and bounds) to the nearest established street lines or o�cial monuments, which shall be accurately described in the plat. Also, the locations of the subdivision corner points and the location at the elevation benchmarks; Municipal, township, county, section, militia donation, location, claim or survey lines, or previously platted land accurately tied to the lines of the subdivision by distances and bearings; j. All easements for rights-of-way provided for public services, activities and utilities; k. Accurate location of all monuments; 20 I�strun?nt FG 22 OF 54 — 201200DADE31 D. Engineering Plans and Estimates 1. Engineering plans which include, when applicable, street plans, profiles and cross-sections, sanitary sewer plans and profiles, water plans, sidewalk plans and cross-sections, along with a complete and detailed estimate of cost, prepared by the appropriate licensed professional as determined by Indiana Code, must accompany the final plat. Also include the following: a. Drainage Plan. A drainage plan conforming to the Comprehensive Stormwater Management Ordinance drawn at an accepted scale and showing: (1). Natural watercourses, marshes, etc; (2). Existing drainage facilities, culverts, etc; (3). Proposed contours and subdivision grading plan using the same contour intervals as shown on the primary plat; (4). Proposed drainage plan for the subdivision and analysis of existing drainage facilities to nearest watercourse, showing culverts, retention ponds, etc; (5). Storm sewer plan and profile. b. On-Lot System: If connection to a public or a private sewerage system is not feasible, a report on the feasibility of on-lot sewage disposal, including a detailed map of the physical conditions of the site, contours, finished grades, watercourses, groundwater table elevations, and the results of soil percolation tests for each individual lot conducted in accordance with the recommended practices of the Indiana Dept. of Environmental Management. c. Erosion Control Plan. An erosion control plan drawn at an accepted scale showing the following: (1). Soil areas which, according to the soil maps and interpretations prepared by the U.S.D.A. �� • Inskrun2nt FG 24 OF 54 � � : ?0120DOOOE31 a. Conditional Approval: If the Commissioners determine that upon the satisfactory completion of one or more specified conditions consistent with the requirements, standards and specifications of this ordinance, said final plat would comply with the terms of this Ordinance, the Commissioners may give conditional approval to said plat. Conditional approval of a final plat shall include satisfaction by the Commissioners that all contacts for subdivision improvements shall be in accord with the aforementioned requirements, standards and specifications. Written notices of such conditional approval shall constitute formal authorization to the subdivider to construct and install all or a part of the required improvements, subject to inspection and acceptance procedures required by this Ordinance. The subdivider shall furnish sufficient evidence to the Commissioners of the satisfactory completion of such conditions before said plat will be deemed suitable for Final Approval for Record. b. Final Approval for Record: The Commissioners shall approve the final plat for record only after it is determined that the final plat meets the minimum requirements of this Ordinance and all applicable ordinances in the County and that sufficient performance guarantees have been submitted in accordance with this Ordinance. c. Disapproval. Should the Commissioners decide to disapprove the plat, written notice of such action, together with reasons therefore, shall be transmitted to the subdivider. Such action shall also be entered in the minutes of the meeting of the Commissioners at which the decision was made; provided, however, that nothing contained therein shall prejudice the subdividers ability to make reapplication for final plat approval according to the terms of this Ordinance. d. Refer to Subdivision Review Committee. Should the Commissioners have a question regarding a specific technical aspect of the plat which had not previously been studied by the Subdivision Review Committee, the Commissioners may refer the plat along with a 24 ,. , Instrunent PG 26 Of 54 2U120LWOOE31 sufficient written proof of such construction, installations and completion and acceptance has been furnished by the Commissioners. c. Be with surety satisfactory to the Commissioners. d. Run until and terminate sixty (60) days after the filing with the Commissioners of the completion affidavit obtained from the County Surveyor's Office. 2. Any funds received from the performance guarantees required by this Ordinance shall be used only for the purposes of making the improvements or installations for which said guarantees were provided and in accordance with the standards, specifications and requirements of this Ordinance. H. Completion Affidavit If the subdivider files a completion affidavit (Appendix H) to the Commissioners for approval, the subdivider shall certify to the effect that the public streets, public sewers, public water facilities, monuments and other public utilities and facilities that have been required as a precedent to approval have been accepted for public maintenance by appropriate entity and public streets have been graded, improved and installed in accordance with the specifications of this Ordinance. Survey monuments shall be set or verified by the developer's surveyor after the installation of all utilities. I. Maintenance Guarantee 1. Acceptance of said improvements, whether before or after Final Plat Approval, shall be conditional and is based upon the posting of a maintenance guarantee (Appendix I) with the Commissioners, with the subdivider or some other person satisfactory to the Commissioners as principal, which shall: a. Run to the Commissioners; b. Be in an amount equal to twenty-five percent (25%) of the cost, as estimated by the Commissioners, of all improvements and installations as required by this Ordinance; c. Be with surety satisfactory to the Commissioners; 26 . Instrument PG 28 OF S4 — 201200000E31 — Replat of Lots 147 and 148). The Replat shall be recorded and cross- referenced to the original plat in the County Recorder's office. B. Procedure for Subdivisions Where Future Subdividing is Indicated Whenever a parcel of land is subdivided and the subdivision plat shows one (1) or more lots containing more than one (1) acre of land and there are indications that such lots will eventually be resubdivided into smaller building sites, the Commissioners may require that such parcel of land allow for the future opening of roads and the ultimate exiension of adjacent roads. Easements providing for the future opening and extension of such roads may be made a requirement of the plat. C. Vacation of Plats Any recorded plat or part of any recorded plat may be vacated only in accordance with I.C. § 36-7-3, as amended. ARTICLE X. DESIGN PRINCIPLES AND STANDARDS A. General 1. In determining whether an application for approval shall be granted, the Commissioners shall determine that the plat conforms to the principles and standards required in this Article, which shall be deemed as minimal; and whenever the applicable requirements of other County or Town Ordinances are more restrictive, those requirements shall control any application for plat approval. 2. Due consideration shall be given to the prevention of air and stream pollution, proper treatment and disposal of refuse and other waste, and the elimination of other blighting characteristics. 3. The subdivision layout shall be of such a character that it protects the health, safety, and general welfare of the County and its residents. 4. In designing a street system, the subdivider shall be guided by the following principles: a. Adequate vehicular and pedestrian access shall be provided to all parcels. �g Instrueent PG 30 OF S4 20120AODOE31 special reasons to be considered as exceptions by the Commissioners. The streets which are logical extensions or continuations of, or obviously in alignment with, any existing streets, either constructed or appearing on any validly recorded plat, shall bear the names of such existing streets. 3. No subdivision shall be designed so as to create or perpetuate the land-locking of adjacent undeveloped land. 4. A temporarily dead-ended street shall be permitted in any case in which a street is proposed to be and should logically be extended but is not yet constructed. An adequate easement for turn-around shall be provided for any such temporary dead-end street which extends 200 feet or more in length. Such easement shall be automatically vacated to abutting property owners when said dead-ended street is legally e�ended. 5. In subdivisions that adjoin or include existing streets that do not conform to the minimum right-of way dimensions as established by this Ordinance, the subdivider shall dedicate additional width along either one or both sides of such streets of inadequate width so as to bring them up to standards, provided the area to be used for widening is owned by the subdivider or under his control. a. No fence, wall, hedge, tree or shrub planting which obstructs sight lines and elevations between 2.5 and 8 feet above the street shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting points 40 feet from the intersection of said street lines (40 feet for local streets and 75 feet for collector or arterial streets), or in the case of a rounded property corner, from the intersection of the street right-of-way lines extended. b. Sight line limitations shall also apply within 10 feet of the intersection of a street right-of-way line with the edge of a driveway pavement or alley line. No driveway shall be located within 70 feet of the intersection of two street lines. 30 Instruoent PG 32 OF 54 2012QDQODE31 F. Easements 1. Adequate areas of suitable size and location shall be allocated for utility easements. As a general principal, such easements shall be at least fifteen (15) feet in width, shall provide reasonable continuity from block to block, and shall be located at rear lot lines and along side and front lot lines when deemed necessary. 2. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, adequate areas for stormwater or drainage easements shall be allocated for the purpose of widening, deepening, sloping, improving or protecting said watercourses in accordance with the requirements of the County Drainage Board. 3. Whenever practicable, the subdivider shall design for the placement of utility lines underground, following the required standards and specifications established by each utility company. The location of each underground utility system shall be shown by appropriate easement lines on the proposed plat. G. Commercial and Industrial Subdivisions 1. It is recognized that the subdivider, in creating commercial and industrial subdivisions, faces unique problems of lot design not normally encountered in residential subdivisions. For this reason, the initial emphasis of the Commissioners shall be upon street layout and block arrangement. Generally, the procedure requirements shall be for the owner to follow the regular procedure outlined in these regulations; however, the subdivider need show only two lots along with the street and block layout. Then, from time to time, as prospective buyers or users express interest in lots sized to their required specifications, the owner shall submit an amendment to the approved recorded subdivision plat for consideration. Regular procedural requirements of the Commissioners following the receipt of a subdivision plat shall then apply, except those streets that have been built by following an approved set of plans on the previously approved plat, shall not have to be rebuilt because of the adoption of new criteria by the County. This shall also apply 32 Instrunent FG 3< OF S4 2U120DOAOE31 B. Streets 1. Improvements for streets shall be performed to meet the following minimum standards and requirements: Paved Surface Dimensions. (Minimum Requirements) a. Local and Cul-de-Sac Streets: Width with curb and gutter............24' back to back of curb Width without curb and gutter........20' edge to edge of pavement Terminus dia. on cul-de-sac..........80' back to back of curb Radius at intersections .................20' back to back of curb b. Collector Streets: Width with curb and gutter .............24' back to back of curb Width without curb and gutter.........20' edge to edge of pavement Radius at intersections ..................35' back to back of curb c. At an intersection of a subdivision collector street with an arterial or major collector street or road, the Commissioners may require the subdivider to install deceleration and passing lanes along the arterial or collector street in accordance with the graphical specifications shown on the following page. 2. Pavement Construction: Shall conform to Road Standards Ordinance 2011-5 . a. Higher standards than indicated may be required by the Commissioners to provide adequately for unusual soil conditions, extraordinary traffic volumes, or other abnormal characteristics. b. All materials, mixtures and workmanship shall conform to Indiana State Highway Specifications except those modified by County Specifications. c. If a subdivider wishes to not dedicate a road for public maintenance, it may be maintained as a private road and is not subject to the requirements set forth above. However, all private road within a subdivision must be twenty (20) feet in width and have a fifty (50) foot ingress/egress easement width, with the property lines extending to the centerline of the road. The subdivider shall place a statement of private 34 Instrueent PG 36 OF 54 - 20120UDOA831 a. Each sign post shall consist of a 2-inch galvanized pipe 10 feet long weighing 2 pounds per foot. b. Each sign shall be of a metal double blade design, white reflectorized with 3-inch black gothic letters, mounted at the top of the post with the street name on both sides at an elevation of 7 feet above the paved street. c. All signs shall be located within the street right-of-way but no closer than 6 feet from the edge of the traveled portion of the street. C. Drainage 1. A drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part. The system shall be constructed and installed in accordance with the Comprehensive Stormwater Management Ordinance of Gibson County. 2. In designing a drainage system, the subdivider shall be guided by the following standards: a. All streets shall be provided with an adequate storm drainage system consisting of curbs, gutters and storm sewers or side ditches and culverts as determined by the Subdivision Review Committee per the Comprehensive Stormwater Management Ordinance of Gibson County. b. Street drainage shall serve as the primary drainage system, and it shall be designed to carry at least the street, adjacent land, and house stormwater drainage in accordance with the Comprehensive Stormwater Management Ordinance of Gibson County. c. Whenever the evidence available to the Commissioners indicates the natural surface drainage is inadequate, the subdivider shall provide the subdivision with an adequate stormwater sewer system. When the surFace drainage is adequate, easements for such surface drainage shall be provided. 36 I�strun?nt FG 38 OF S4 -- 201200000831 until improvement plans for a sewage system by one of the following methods have been submitted: 1. A permanent sanitary sewer collection system including all pipes and manholes shall be provided, and said collection system shall be connected to a new or existing public or private sewage system in accordance with satisfactory plans and specifications therefore. 2. A private sewage disposal system for each lot shall be designed in accordance with the minimum requirements of the County Health Department and the Indiana Department of Environmental Management (IDEM). In no case will any part of the private system, including seepage field or leaching field, be located closer than 10 feet to a property line or within 50 feet of a private well. E. Water System A water distribution system shall be designed and constructed by the subdivider to provide adequate water service for all lots in the proposed subdivision. A subdivision plat shall not be considered for final approval until improvement plans for a water system by one of the following methods has been submitted: 1. A permanent water distribution system including all pipes, fire hydrants, valves and other appurtenances shall be provided, and said distribution system shall be connected with an approved public or private water system in accordance with the satisfactory plans and specifications therefore. 2. If the area proposed to be platted is not so located with regard to such an adequate public or group water supply system, before any structure on any lot therein is occupied, an individual water supply system for such lot shall be constructed and installed in accordance with the satisfactory plans and specifications therefore. In no case will any part of the private water system be located closer than 10 feet to a property line or within 50 feet of a private sewage disposal system and shall be in compliance with current regulations of the County Board of Health and IDEM. 38 , Iastrument PG S9 OF 54 - 201200000E31 2. A written application for modifications or exceptions shall be submitted by the subdivider indicating the specific section of this Ordinance under which the modification or exception is sought and stating the grounds on which it is requested. After said application has been docketed for hearing, proper publication of notice has been published, and due consideration has been given, the Commissioners shall render a decision which shall be: a. Recorded in the minutes of the Commissioners, which minutes shall include the reasoning on which the modification or exception was disapproved. � c. Transmitted governmental this Ordinance. Attached witF Commission's objectives of specifications excepted. to the subdivider and applicable units in accordance with the terms of such conditions judgment secure the requirements, of this Ordinance as will in the substantially the standards and so modified or d. Attached with such covenants or other legal provisions as will in the Commissioners' judgment assure general conformity to and achievement of the subdivision plan. 3. Before any modification or exception shall be granted, the Commissioners shall determine that satisfactory provision and arrangement has been made concerning the following, where applicable: a. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety, convenience, and access in case of fire or catastrophe. b. Automotive and pedestrian traffic flow with reference to adequacy, circulation and function within the broader planning unit. c. � Off-street and on-street parking and loading areas with reference to the needs of adjoining land uses. Utilities, with reference to locations, availability and comparability. 40 Instrun?nt FG 41 OF S4 - 201200p00E31 e. Clear identification of property for land records. f. Screening and buffering with reference to type, dimensions, and character of materials. ARTICLE XIII. ADMINISTRATION Amendment In accordance with State statutes, the Board of County Commissioners may introduce and consider amendments to the Ordinance as proposed by the County Commissioners, or by a citizen's petition. Record of Plats All plats of subdivision, after the same have been submitted and approved, as provided in this Ordinance shall be copied upon a book of plats of said County of Gibson and shall be filed and kept by the said County among the records of the County. Effect All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance shall not be repealed by the passage of this Ordinance.except where such repeal is specifically designated by Ordinance, but the Ordinance with the more restrictive applicable provisions shall be the Ordinance that applies. Appeal Any person feeling himself aggrieved at any action of the Commissioners, or Commissioners' staff, or lack of action of the Commissioriers, or Commissioners' staff, upon a proposed plat or replat, may apply in writing to the Commissioners, prior to the next regular meeting, for modification of the action complained of, or lack of action, on the proposed plat or replat. Such application shall be considered by the Commissioners at such time in such manner as it may determine, but within seventy (70) days following the regular meeting. Fees Applications filed pursuant to the provisions of this Ordinance requiring Commissioners' approval shall be accompanied by the filing fees specified 41 APPENDIX B County Surveyor's Certificate I�strunent PG 44 OF 54 ?01200�10A831 I hereby certify that I am the County Surveyor of Gibson County, Indiana; and I do hereby further certify that this plat conforms with the requirements as set forth in a Drainage Plan for this plat that was approved by the Gibson County Drainage Board. Signed this day of , 20_ County Surveyor's Signature Typed or Printed Name (SEAL) 44 APPENDIX D Acknowledgment CertiFcate State of Indiana County of Gibson ) )SS ) Instruoent PG �6 OF S4 2U1204400E31 Before me, the undersigned Notary Public, in and for the County and State, personally appeared and each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed. Witness my hand and Notarial Seal this (SEAL) Notary Public My Commission Expires 46 20 day of , 20 Instrun?nt PG <E OF `4 20120044AE31 - APPENDIX F Approval of the Commissioners Approved by the Board of County Commissioners of Gibson County, Indiana, this day of , 20_. ATTEST: Auditor BOARD OF COMMISSIONERS �i President Vice President Member APPENDIX H SAMPLE COMPLETION AFFIDAVIT This is to certify: Instrue�ent PG 50 QF 54 201200000E31 A. That the following improvements as shown in the approved plans and specifications for Subdivision are complete and that inspection reports attested by a Professional Engineer or Land Surveyor approved by the Gibson County Commissioners show them to be in substantial accordance with the specifications and requirements of Gibson County's Subdivision Control Ordinance; B. That surety has been posted to guarantee all materials and workmanship and to guarantee repair of any damage that may be inflicted upon the improvements listed in the course of completion of the Subdivision; and C. That the Board of Commissioners of Gibson County, Indiana, has accepted these improvements and will henceforth be responsible for all maintenance on them, subject to the terms of the maintenance agreement with the Subdivider dated . [List Improvements] GIBSON COUNTY, INDIANA BOARD OF COUNTY COMMISSIONERS � / � // i , , /, ii � / , ,. � .- �. - G ember Member ATTEST: Gibson County Auditor 50 �� Instruoent PG 52 OF 54 201200�DD0.;31 Minor Subdivision Checklist Required Items - Title "Minor Subdivision" - Name of subdivision _ - Legal boundary description _- Recording data of property being divided (include copy of deed) - Graphic scale - North arrow - Location map - Date Boundaries of the tract with accurate dimensions and bearings _- Location of monumentation or proper witnesses - Reference to at least one quarter section, militia donation, location, survey (original government) or claim corner - Lot dimensions and acreages - All lots numbered or lettered _- One hundred (100) year flood contour line from FEMA map (or statement indicating that all areas are outside of floodplain _- Statement indicating how each property will access water and remove onsite sewage _- Name of developer, owner, and land surveyor - Names, PINs, and addresses of abutting property owners _- Any existing buildings and their placement on the lots - In compliance with IAC 865, Rules 1-12 _ - Notorized land surveyor certificate 52 Instrunant PG 54 OF S4 201200A00831 Addendum: The Commissioners do hereby grant the Subdivision Review Committee the right to approve minor variances until June 30, 2012 in order to assist with the transition of this ordinance. THE BOARD OF COMMISSIONERS OF GIBSON COUNTY, STATE OF INDIANA / �/ . / i � �� � , / / �/.' .'� . � -� •- ' - �- � Alan Douglas, Vice-Presi ent Bob Townsend Attest: �— c.�.�v� C.T. Montgome i, A ditor 54