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HomeMy Public PortalAbout043-1983 - Comprehensive PlanORDINANCE NO. 43-1983 AN ORDINANCE REPEALING ORDINANCE NO. 1800-1960 AND ALL AMENDMENTS THERETO, AND ADOPTING PURSUANT TO THE PUBLIC DEVELOPMENT PLAN OF THE CITY OF RICHMOND, INDIANA, PROVISIONS FOR THE CONTROL OF THE SUBDIVISION OF LAND, AND THE APPROVAL OF PLATS AND REPLATS WITHIN THE JURISDICTION OF THE RICHMOND CITY PLAN COMMISSION. WHEREAS, the General Assembly of the State of Indiana has enacted legislation which states that a City Plan Commission shall prepare a comprehensive plan for the development of the City and such contiguous unincorporated area outside the City, that in the judgement of the Commisison, bears reasonable relation to the development of the City but not extending more than two (2) miles beyond the corporate limits of the City; and WHEREAS, according to this enabling legislation the City of Richmond has adopted a Public Development Plan designed to assure the promotion of public health, safety, morals, convenience, order and general welfare, for the sake of efficiency and economy with the process of development; and, WHEREAS, pursuant to the Public Development Plan it is the policy of the City of Richmond to consider the subdivision of land as subject to the control of the City in order to insure the orderly, planned, efficient and economic development of the City of Richmond and its contiguous unincorporated area; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the 26th day of July, 1983, at which time remonstrances were heard from all parties interested in or affected by this ordinance; and, WHEREAS, the vote of the Richmond City Plan Commisison was nine (9) to zero (0) in favor of recommending the passage of Ordi- nance No. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana, as follows: SECTION 1. That Ordinance No. 1800-1960 and all amendments thereto are hereby repealed. SECTION 2. This Ordinance shall become Chapter 153 of the Municipal Code and shall be known and cited as the Subdivision Con- trol Ordinance of the City of Richmond, Indiana. Said Sub- division Control Ordinance shall read as follows: SECTION 1 GENERAL PROVISIONS 1.1 Title This Ordinance shall hereafter be known, cited and referred to as The Subdivision Control Ordi- nance of the City of Richmond, Indiana. 1.2 Policy (1) Pursuant to the Public Development Plan, it is hereby declared to be the policy of the City of Richmond, Indiana, to con- sider the subdivision of land and the sub- sequent development of the subdivided plat as subject to the control of the City in order to insure the orderly, planned, effi- cient and economic development of the City. (2) Land to be subdivided shall be of such character that it can be used safely for building purposes and to the greatest ex- tent possible without danger to health or peril from fire, flood or other menace, and shall not be subdivided until proper provision has been made for drainage, water, sewage and capital improvements, such as schools, parks, recreation facilities, transportation facilities, and improvements. (3) The existing and proposed public improve- ments shall conform and be properly related to the City's Public Development Plan. It is intended that this Subdivision Ordinance shall supplement and facilitate the enforce- ment of the provisions and standards con- tained in the Building and Housing Codes, the Zoning Ordinance and the Public Develop- ment Plan of the City of Richmond, Indiana. 1.3 Purposes This Ordinance is adopted for the following pur- poses: (1) To protect and provide for the public health, safety and general welfare of the City. (2) To guide the future growth and development of the City in accordance with the Public Development Plan. -1- (3) To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding of the land and undue con- gestion of the population. (4) To protect the character and the social and economic stability of all parts of the City, and to encourage the orderly and beneficial development of all parts of the City. (5) To protect and conserve the value of land throughout the City and the value of build- ings and the improvements of the land and to minimize the conflicts among the uses of land and buildings. (6) To guide public and private policy in ac- tion in order to provide adequate and effi- cient transportation, water, sewage, schools, parks, playgrounds, recreation and other public requirements and facilities. (7) To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the City, having particular regard to the avoidance of congestion of streets and highways and pedestrian traffic movements appropriate to the various uses of lands and buildings, and to provide for the pro- per location and width of streets and building lines. (8) To establish reasonable standards of design and procedures for subdivisions and replats of subdivisions in order to further the orderly layout and use of land and to in- sure proper legal descriptions in monument- ing of subdivided land. (9) To insure that public facilities are avail- able and will have a sufficient capacity to serve the proposed subdivisions. (10) To prevent the pollution of air, streams, and ponds, to assure the adequacy of drain- age facilities, to safeguard the water table and encourage the wise use and manage- ment of natural resources throughout the City in order to preserve the integrity, stability and beauty of the community and the value of the land. -2- (11) To preserve the natural beauty and topo- graphy of the City and to insure appro- priate development with regard to these natural features. (12) To provide for open spaces for the most efficient design and layout of the land, and providing for minimum width and area of lots or preserving the density of land as established in the Zoning Ordinance of the City. 1.4 Power and Authority to Approve (1) By authority of the Richmond Common Council and adopted pursuant to the powers and jurisdiction vested through the State of Indiana, the Richmond Plan Commission does hereby exercise the power and authority to review, approve and disapprove, plats for the subdivision of land within the corporate limits of the City of Richmond, Indiana, and within the unincorporated territorial jurisdictional area of the City of Richmond, Indiana. (2) The Richmond Plan Commisiion may appoint a Plat Committee to hold hearings on and approve plats and replats on behalf of the Commission. The Plat Committee shall consist of five (5) persons, with at least one (1) of the members being a member of the Commission. Each appointment of a member of the Plat Committee is for a term of one (1) year, but the Commission may remove a member from the Committee. The Commission shall mail notice of the removal, along with written reasons, if any, for the removal, to the member at his residence address. A member who is removed shall not appeal the removal to a court or other- wise. The Plat Committee shall -take action only by a majority vote of the membership of the Committee. 1.5 Jurisdiction (1) This Subdivision Ordinance shall apply to all subdivisions of land as defined herein located within the corporate limits of the City of Richmond and within the unincor- porated territorial jurisdictional area of the City of Richmond, Indiana. -3- (2) No land shall be subdivided until; (a) the subdivider or his agent submits a written application for approval to the Richmond City Plan Department; (b) primary and secondary approval of the plat has been obtained either from the Richmond City Plan Commission or the Plat Committee; and, (c) the plat of the subdivision has been signed and certified by the President and Executive Secretary of the Richmond City Plan Commission and has been filed with the Wayne County Recorder and Wayne County Auditor. (3) Subdivision plans which have been granted tentative or preliminary approval under prior subdivision ordinances shall be deemed to have primary approval under this Subdivision Ordinance and shall be required to comply with all provisions of this Ordinance including Section 3.2(8). (4) No Improvement Location Permit or Certifi- cate of Occupancy shall be issued for any parcel or plat of land which is created by subdivision after the effective date of and not in conformity with the provi- sions of this Subdivision Ordinance. 1.6 Conditions Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State to this City. 1.7 Replat of Land (1) Procedure for Replat A replat of an approved or recorded sub- division plat shall be required for any change in said plat, if such change affects a street layout, a lot line or an area dedicated for public use. The replat must be approved by the Plan Commission or Plat Committee utilizing the same procedure rules and regulations as for a subdivision. -4- 1.8 Vacation of Plats (1) Any plat, or any part of any plat may be vacated by the owner or owners of the land. All the owners of land in the plat must declare the plat or part of the plat to be vacated in a written instrument, and that instrument must be executed, acknowledged, and recorded in the same manner as a deed to land. (2) Such an instrument shall not be recorded until the Plan Commission has first given notice and held a public hearing on the abandonment or vacation of the public way or public ground or platted lot. The Plan Commission shall forward its recommen- dation to the legislative body having jurisdiction over the area. The legisla- tive body may not override the recommenda- tion of the Commission, unless it does so by a two-thirds (2/3) vote of the total body. (3) An instrument recorded under this section terminates the effect of the plat or part of the plat declared to be vacated, and terminates all public rights in the public ways and public grounds described in the plat or part of the plat. 1.9 Modifications (1) General Where the Plan Commission or Plat Committee finds that extraordinary hardships or practi- cal difficulties may result in strict com- pliance with this Ordinance and/or the pur- poses of this Ordinance may be served to a greater extent by an alternative proposal, it may approve modifications to this Sub- division Ordinance so that substantial justice may be done and the public interest secured, provided that such modifications shall not have the effect to nullify the intent of this Ordinance, and further provided the Plan Commission or Plat Com- mittee not approve a modification unless it shall make findings based upon the evidence presented to it in each specific case that: -5- 1.10 (a) The granting of the modifidation will not be detrimental to the pub- lic safety, health or welfare, or injurious to other property; (b) The conditions upon which the re- quest for modificaitons are based are unique to the property for which the modification is sought and are not applicable generally to other property; (c) The modification will not, in any manner, modify the provisions of the Zoning Ordinance or the Public Development Plan. (2) Conditions In approving modifications, the Plan Com- mission or Plat Committee may require such conditions as will, in its judgement, secure substantially the objective of the standards or requirements of this Ordinance. (3) Procedures A petition for any such modification shall be submitted in writing by a subdivider at the time when primary approval is applied for. The petition shall state fully the grounds for application and all the facts relied upon by the petitioner. Enforcement and Penalties (1) It shall be the to enforce this to the attention any violations o with. duty of the Plan Director Ordinance and to bring of the City Attorney r lack of compliance here- (2) No owner, or agent of the owner of any parcel of land located in a proposed sub- division shall transfer or sell any such parcel before a plat of a subdivision has been approved by the Plan Commission or Plat Committee in accordance with the provisions of this Ordinance, and filed with the County Recorded and County Auditor. (3) A subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, trans- fer or lease with the intent of evading this Ordinance shall not be permitted. All such described subdivisions shall be subject to all the requirements contained in this Ordinance. (4) No Improvement Location Permit shall be issued for the construction of any build- ing or structure located on a lot or plat subdivided or sold in violation of the provisions of this Ordinance. (5) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this Ordinance, to pre- vent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of a building, structure, or premises. 1.11 Interpretation, Conflict and Separability (1) In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements for the promotion of the public health, safety, and general welfare. (2) This Ordinance is not intended to inter- fere with, abrogate or nullify any other ordinance, rule or regulation, statutes or other provision of law. Where any provision of these regulations imposes restrictions different than those imposed by any other ordinance, rule or regulation, or other provision of law whichever pro- visions are more restrictive or impose higher standards shall control. (3) If any section, clause, provision or por- tion of this Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiciton, such decision shall not affect any other section, clause, provision or portion of this Ordinance. -7- 1.12 Repeal of Prior Subdivision Ordinance Upon adoption of this Ordinance, according to law, the subdivision regulations for the City of Richmond, Indiana, adopted under Ordinance No. 1800-1960 as amended are hereby repealed, and this Ordinance shall become Chapter 153 of the Municipal Code. 1.13 Enactment In order that land may be subdivided in accor- dance with these policies, this Subdivision Ordinance is hereby adopted. SECTION 2. DEFINITIONS 2.1 Usage Unless the context clearly indicates to the contrary, words used in the present tense include the future tense. Words used in the plural number include the singluar. The word 'herein' means "in this Ordinance". A person includes a corporation, a partnership and an incorporated association of persons which is a club. The word 'shall' is always mandatory. A building or structure includes any part thereof. Used or occupied as applied to any land or build- ing shall be constructed to include the words, 'intended, arranged or designed to be used or occupied'. 2.2 Words and Terms Defined Alley: A public right-of-way, twenty (20) feet or less in width, primarily designed to serve as a secondary access to the side or rear of those properties whose principle frontage is a street. Applicant: The owner of record of land proposed to be subdivided, or his representative. Consent to subdivide shall be required from the owner of record of the land. Block: A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights -of -way, shore lines of waterways, or boundary lines of municipalities. Bond: Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit which, when forfeited, will be used to complete all public improvements. Building Setback Line: A line on a plat between which line and street right-of-way line buildings may not be erected. City Engineer: The City Engineer of the City of Richmond, Indiana. Collector Streets: A street intended to move traffic from minor streets to secondary thorough- fares. A collector street serves a neighborhood or a large subdivision. Common Council: The Common Council of the City of Richmond, Indiana. Construction Plan: The maps or drawings accom- panying a subdivision plat and showing the specific location, design and estimated cost of the improve- ments to be installed in the subdivision in accor- dance with the requirements of the Plan Commission or Plat Committee as a condition of the approval of the plat. County Engineer: The Wayne County Highway Engineer. Cul-de-sac: A minor street with only one outlet and having an appropriate terminal for the safe, convenient reversal for traffic movement. Developer: The owner of record of land proposed to be subdivided or his representative. Consent to subdivide shall be required from the owner of record of the land. Easement: Authorization by a property owner for the use by another and for a specified purpose of any designated part of his property. Executive Secretary: The Executive Secretary of the Plan Commisison shall be the Plan Director of the City of Richmond, Indiana. Flood or Floodwater: The water of any lake or watercourse which is above the banks and/or outside the channel and banks of such watercourse. (Definition from Indiana Department of Natural Resources.) Flood Hazard or Flood Pla (Definition Resources.) Area: Any in District from Indiana Frontage: The side of a and ordinarily regarded lot, but it shall not be side of a corner lot. Floodway, Floodway Fringe, or any combination thereof. Department of Natural lot abutting on a street as the front of the considered as the ordinary Health Officer: The Wayne County Health Officer or his designated representative. Highway, Limited Access: A freeway or express- way providing a trafficway for thru traffic in respect to which owners or occupants of abut- ting property or lands and other persons have no legal right for access to or from same except at such points and in such manner as may be governed by public authority having jurisdiction over such trafficway. Individual Sewage Disposal System: A septic tank, seepage tile sewage disposal system or any other sewage treatment device approved by the Wayne County Health Department. Interested Parties: The owners of land, as shown in the Wayne County Auditor's Transfer Books, either abutting the land proposed to be subdivided or located immediately adjacent across a public right-of-way from the land pro- posed to be subdivided. Lot: A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, for building development or improvement. Lot, Corner: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees at the point of intersection of the street lines being the "corner". Master Plan: The Public Improvement Plan of the City of Richmond, Indiana, being Chapter 155 of the Municipal Code. -10- Minor Street: A street which is used exclusively or principally for access to abutting properties. Natural Resources: The Indiana Natural Resources Commission. Non -Residential Subdivision: A subdivision whose intended use is other than residential; such as commercial or industrial. Such sub- division shall comply with the applicable pro- visions of this Ordinance. Owner: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity being the owner of record of the land sought to be subdivided under this Ordinance. Parkways: Parkways are those streets so designated in the thoroughfare plan of the City of Richmond, Indiana. Plan Commission: The Richmond City Plan Com- mission. Plat Committee: The committee appointed by the Plan Commission to hold hearings on and approve plats and replats of subdivisions on behalf of the Plan Commission. Primary Thoroughfare: A road intended to move thru traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the City, and/or as a route for traffic between communities or large areas. Public Development Plan: Chapter 155 of the Municipal Code, being the Comprehensive Plan for the development of public facilities with- in the City of Richmond, Indiana, and its environs, adopted pursuant to the laws of the State of Indiana, and including any part of said plan adopted separately and any amendments to said plan. Public Improvement: Any drainage ditch, roadway, sewer, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or which may effect an improvement for which local government responsi- bility is established. All such improvements shall be properly bonded. -11- Regulatory Flood: That flood having a peak dis- charge which can be expected to be equalled or exceeded on the average of once in a one - hundred year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. This flood is equivalent to a flood having a probability of occurrence of one percent (1%) in any given year. (Definition from Indiana Department of Natural Resources.) Replat: A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map, or area dedicated thereon for public use or any lot line or if it efects any map or plan legally recorded prior to the adoption of any ordinance controlling subdivisions. Right -of -Way: A strip of land occupied or intended to be occupied by a street, crosswalk, road, shade trees or for other special purpose. The useage of the term right-of-way for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Road: An improved street. Road, Dead End: A road or a portion of a street with only one vehicular traffic outlet. Secondary Thoroughfare: A road intended to collect and distribute traffic in a manner similar to primary thoroughfares except that these roads service minor traffic generating areas such as community commercial areas, primary and second- ary educational plants, hospitals, major recrea- tional areas, churches and offices and are designed to carry traffic from collector streets to a system of primary thoroughfares. Setback: The distance between a building and right-of-way line nearest thereto. Street: A public right-of-way fifty (50) feet or more in width or any such right-of-way less than fifty (50) feet in width provided it existed prior to the adoption of this ordinance which has been improved and accepted by the responsible -12- local governmental unit for maintenance and which provides a public means of access to abutting property. Structure: Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. Subdivision: The division for other than agri- cultural uses of any parcel of land, shown as a unit on the last record of transfer, or three (3) years following any subsequent transfer after January 1, 1983, into more than four (4) parcels, for the purpose, whether immediate or future, of transfer of ownership; provided, however, that any transfer between adjoining owners that does not create any additional building site shall not be considered a subdivi- sion. Any lot requiring easements for the ex- tension and maintenance for any new public streets or sewers, or storm drainage, shall be considered a subdivision. Subdivision Plat: The final map or drawing described in this Ordinance on which the sub - divider's plan of subdivision is presented to the Plan Commission or Plat Committee for approval and which, if approved, may be sub- mitted to the County Recorder and County Auditor for filing. SECTION 3. SUBDIVISION APPLICATION PROCEDURE AND APPROVAL PROCESS 3.1 General Procedure (1) Subdivision Approval Required Whenever any subdivision of land is pro- posed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for approval of such proposed subdivision in accordance with the following procedure. (2) Coordination of Development Unit Project Application with Subdivision Approval. -13- (a) It is the intent of this Ordinance that subdivision be carried out simultaneously with the review of Development Unit Project applica- tions under the Zoning Ordinance. The plans required for Development Unit Project applications shall be prepared and submitted to satisfy the requirements of the Subdivision Ordinance. (b) General requirement. Whenever the Zoning Ordinance authorizes Development Unit Project applications which permit uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated, and the application entails a sub- division of the land, subdivision approval of the Development Unit Project application shall be required by the Plan Commission or Plat Committee in addition to all other procedures and approvals required in the Zoning Ordinance. (c) Replats of Development Unit Projects (i) A Development Unit Project may be subdivided or replatted for purposes of sale after the project plan has been finally approved and develop- ment completed or once any approved phase is completed, that phase may be subdivided for sale. (ii) If the subdivision or replat of a Development Unit Project will create a new lot line, the applicant shall make application to the Plan Com- mission or Plat Committee for the approval of the subdivision or replat. The Plan Commission or Plat Com- mittee shall approve the subdivision only if simulta- neously an amended zoning application is approved for -14- the development plan by the Common Council for all provi- sions governing use, density, and bulk standards. (3) The Plan Commission Staff shall review all proposed subdivisions to determine whether the subdivision lies in a Flood Hazard Area as defined in this Subdivision Ordinance. If the Staff finds the sub- division to be so located, the Staff shall forward pertinent plans and materials to the Indiana Department of Natural Re- sources for review and comment. The Plan Commission or Plat Committee may require appropriate changes and modifica- tions in order to minimize flood damages; all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damages; adequate drainage is provided so as to reduce exposure to flood hazards; and that onsite waste disposal systems, if provided, will be so located as to avoid impairment of them or contamination from them during the occurrence of the regula- tory flood. 3.2 Primary Approval (1) Discussion of Requirements Before preparing a plat for a subdivision, the applicant should discuss with the Plan Commission Staff the procedure for adoption of a subdivision plat and the requirements as to the general layout of the plat, street improvements, drainage, sewage, fire protection, and similar matters, as well as the availability of existing services. The Plan Commission Staff should also advise the applicant, where appropriate, to discuss the proposed subdivision with those offi- cials who must eventually approve the as- pects of the subdivision plat coming within their Jurisdiction. (2) Application Procedure and Requirements Prior to subdividing land, the owner of -15- the land, or his representative, shall file written application for approval of the plat. The application shall: (a) Be made on forms available in the office of the Department of City Planning. (b) Be accompanied by a fee of one - hundred dollars ($100.00) to cover the cost of checking and verifying the proposed plat. (c) Include all land which the applicant proposes to subdivide and all land immediately adjacent extending 100 feet therefrom, or that is directly opposite thereto, extending 100 feet from the street frontage of such opposite land, with the names and addresses of the owners as shown in the Wayne County Auditor's Office. (d) Be accompanied by a minimum of eight (8) copies of plat as described in this Ordinance. (e) Be presented to the Executive Secre- tary of the Plan Commission at least four (4) weeks prior to a regular meeting of the Commission. (3) Plan Commission Staff Review of Application Upon receipt of an application for primary approval, the Plan Commission Staff shall review the application for technical con- formity with the standards established in this Subdivision Ordinance. The Plan Commission Staff shall transmit the appli- cation together with the plat for review by appropriate officials or agencies of the local or county government, schools and special districts, and other official bodies as they deem necessary, and as mandated by law. The Staff shall request that all officials and agencies, to whom a request for review has been made, submit their report to the Staff at least five (5) days prior to the date of the public hearing. -16- The Plan Commission Staff shall consider all of the reports submitted by the offi- cials and agencies and shall submit a re- port for the proposed action to the Plan Commission or Plat Committee. (4) Public Hearing Within thirty (30) days after receipt of the application, the Staff shall an- nounce the date for a hearing before the Plan Commission or Plat Committee. After the Plan Commission Staff has announced a date for hearing before the Plan Com- mission or Plat Committee, the Staff shall notify the applicant in writing of said hearing date. The Staff shall also give notice of the hearing by publication in accordance with I.C. 5-3-1 and shall pro- vide for due notice to interested parties by First Class Mail, at least ten (10) days prior to the public hearing. During the public hearing, the Plan Com- mission or Plat Committee shall review the plat, the report of the Plan Commis- sion Staff and recommendations and testi- mony from any City or Wayne County govern- mental agency having an interest in the proposed subdivision, testimony from in- terested parties, testimony from any other person or group, and any exhibits submitted at the public hearing, taking into con- sideration the requirements of the Subdivi- sion Ordinance and the best use of the land being subdivided. Particular atten- tion will be given to the arrangement, location and width of the streets, their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Public Development Plan. In determining whether an application for primary approval of a plat shall be granted, the Plan Commission or Plat Committee shall determine if the plat complies with the standards established in the Subdivision Ordinance in the following areas: -17- (a) Minimum width, depth and area of lots in the subdivision. (b) Public way width, grades, curves, and the coordination of subdivision public ways with current and planned public ways. (c) The extension of water, sewer and other municipal services; and, (d) Fair allocations of areas for streets, parks, schools, public and semi- public buildings, homes, utilities, business and industry. As a condition of primary approval of a plat, the Commission or Committee may specify: (a) The manner in which public ways shall be laid out, graded and improved. (b) Provisions for water, sewage and other utility services. (c) Provisions for lot size, number and location. (d) Provisions for drainage design. (e) Provision for other services as specified in this Subdivision Ordi- nance. (5) Action After Hearing If after the hearing, the Plan Commission or Plat Committee determines that the appli- cation and plat comply with the standards in this Subdivision Ordinance, it shall make written findings and a decision grant- ing primary approval to the plat. This decision shall be signed and certified by the President and Executive Secretary of the Plan Commission. If after the hearing the Plan Commission or Plat Committee disapproves the plat, it shall make written findings that set forth its reasons and a decision denying primary approval and shall provide the applicant with a copy. This decision shall (7) be signed and certified by the President and Executive Secretary of the Plan Com- mission. When the Plat Committee grants primary approval or denies primary approval to a plat, a copy of this decision, along with the written findings, shall be mailed by first Class Mail to the applicant and all interested parties. Appeal of Plat Committee Decision An applicant or other interested party may appeal to the Plan Commission the primary approval or disapproval of a plat, or the imposition of a condition on primary approval, by the Plat Committee. A notice of appeal shall be filed with the Commis- sion �•rithin ten (10) days after a copy of the action of the Plat Committee is mailed to the interested party. Notice shall be given and a hearing held by the Commission in the same manner as in the case of the Plat Committee. The Commission has the same power as the Committee to approve, disapprove, or im- pose conditions on the approval of plats. Appeal of Plan Commission Decision The primary approval or disapproval of a plat by the Plan Commission or the im- position of a condition on primary approval is a final decision of the Plan Commission that may be reviewed by the Wayne County Circuit or Superior Courts. Said appeal shall be presented to the Court within thirty (30) days after the date of that decision by the Plan Commission. Effective Period of Primary Approval The primary approval of a plat shall be effective for a period of two (2) years, at the end of which time secondary approval on at least one phase of the subdivision must have been obtained from the Plan Com- mission or Plat Committee. Any plat not receiving secondary approval within the period of time set forth herein shall be null and void, and the developer shall -19- be required to re -submit a new plat for primary approval, subject to the current zoning and subdivision ordinances. 3.3 Secondary Approval (1) Granting Secondary Approval The Plan Commission or Plat Committee may grant secondary approval to a plat after expiration of the time provided for appeal under Sections 3.2(6) and 3.2(7) of this Subdivision Ordinance. The pro- visions of this Ordinance covering notice or hearing do not apply to secondary approvals. (2) Granting Secondary Approval with Completion of Public Improvements The applicant may propose or the Plan Com- mission or Plat Committee may require that all public improvements be dedicated, in- stalled and accepted prior to secondary approval being granted. The Commission or Committee may specify the time of com- pletion of said public improvements. Upon this detemination, the applicant shall submit for approval six (6) copies of con- struction plans, as described in this Ordi- nance, for all required public improvements. Secondary approval may be granted to a plat for a subdivision in which the public im- provements and installments have been completed prior to secondary approval. The applicant shall submit to the Plan Commis- sion or Plat Committee the following certi- fications: (a) Certificate of approval by the City Attorney or County Attorney that the applicant has executed an ir- revocable offer of dedication for land and public improvements to be dedicated to the governmental unit, free and clear of all encum- brances and liens. (b) Certificate of compliance by the City Engineer, Wayne County Highway Engineer, the Superintendent of the Richmond Sanitary District, when -20- applicable, indicating that the applicant's professional engineer and/or land surveyor has certified that he has made periodic inspections of the work, and to the best of his knowledge and belief, all improve- ments have been constructed in accor- dance with the approved plans and specifications and four (4) sets of certified as built drawings have been filed with each of the appli- cable governmental units. (c) Certificate of maintenance by the Richmond Board of Public Works and Safety or the Wayne County Board of Commissioners or the Richmond Board of Sanitary Commissioners indicating that the applicant has posted a three (3) year Maintenance Bond covering such public improve- ments. (3) Granting Secondary Approval Without Com- pletion of Public Improvements Secondary approval may be granted to a plat for a subdivision in which the public improvements and installments have not been completed, if the applicant submits for approval six (6) copies of construction plans, as described in this Ordinance, for all required public improvements and pro- vides a bond that: (a) Is an amount determined by the Plan Commission or Plat Committee to be sufficient to complete the improve- ments and installations in compliance with this Ordinance. (b) Provides surety satisfactory to the Plan Commission or Plat Committee. (c) Runs to the governmental unit having jurisdiction over the public improve- ment and specifies the time deter- mined by the Plan Commission or Plat Committee for the completion of the public improvements and instal- lations. (d) Is in legal form satisfactory to the City or County Attorney. -21- Any money received from the bond shall be used only for making the improvements and installments, including all reasonable legal, engineering and land surveying costs, for which the bond was provided. This money may be used for these purposes with- out appropriation. The improvement or installation must conform to the standards provided for such improvements or installa- tions by the governmental unit in which it is located, as well as this Subdivision Ordinance. (4) Application Procedures and Requirements Following the primary approval of the plat, the applicant, if he wishes to proceed with the subdivision, shall file a written application for secondary approval of all or part of the subdivision plat. The application shall: (a) Be made on forms available in the office of the Department of City Planning. (b) Include the entire subdivision, or section thereof, which derives access from an existing state, county or local government highway. (c) Be accompanied by a minimum of six (6) copies of the subdivision plat as described in this Ordinance. (d) Comply in all respects with the pri- mary approval. (e) When installation of public improve- ments is required or proposed prior to secondary approval, be accompanied by appropriate certification pursuant to Section 3.3(2) of this Subdivision Ordinance. (f) When installation of public improve- ments is not required prior to second- ary approval, be accompanied by con- struction plans and a performance bond pursuant to Section 3.3(3) of this Subdivision Ordinance. -22- (g) Be accompanied with written assur- ances from public utility companies that easements shown on the subdivi- sion plat are satisfactorily located and of sufficient width for the in- stallation of such public services. (5) Sectionalizing Major Subdivision Plats Prior to granting secondary approval of a subdivision plat, the Plan Commission or Plat Committee may permit the plat to be divided into two or more sections and may impose restrictions upon the recording of such sections as it may deem necessary to assure the orderly development of the plat. (6) Filing and Recording of Subdivision Plat A plat of a subdivision may not be filed with the Wayne County Auditor, and the Wayne County Recorder may not record it, unless it has been granted secondary appro- val and signed and certified by the President and Executive Secretary of the Richmond City Plan Commission. The filing and recording of the plat is without legal effect unless approved by the Plan Commission or the Plat Committee. Secondary approval shall be void unless the plat is properly recorded in the Office of the County Recorder within twelve (12) months after approval. This time limit may be extended by the Commission or Com- mittee upon written application of the subdivider. (7) Vested Rights No vested right shall accrue to any plat by reason of primary or secondary approval until the actual signing of the plat by the President and Executive Secretary of the Plan Commission. All requirements, conditions, or regulations adopted by the Plan Commission or Plat Committee applicable to the subdivision or on all subdivisions generally shall be deemed a condition for any subdivision prior to the time of the signing of the subdivision plat by the -23- President and Executive Secretary of the Plan Commission. Where the Plan Commission or Plat Committee has required the instal- lation of public improvements prior to signing the subdivision plat, the Plan Commission or Plat Committee shall not unreasonably modify the conditions set forth in the secondary approval. (8) Submission of Reproduction Mylar Subseauent to secondary plat approval, the owner shall submit to the City Engineer one (1) copy of the original recorded sub- division plat on repooduction mylar. No Improvement Location Permit shall be issued prior to the submission of said reproduction mylar. SECTION 4. SPECIFICATIONS FOR DOCUMENTS TO BE SUBMITTED 4.1 Plat for Primary Approval (1) General The plat shall be prepared by a licensed land surveyor or licensed professional engineer at a scale of one (1) inch equals one hundred (100) feet. The sheets shall be numbered in sequence if more than one (1) sheet is used, and shall measure twenty- four by thirty-six: (24 x 36) inches. (2) Features The plat shall show the following: (a) The location of property with res- pect to surrounding property and streets, the names of all adjoining property owners of record and the names of adjoining developments; the name of adjoining streets; This information may be referenced on the plat and provided on a separate sheet. (b) The location and dimensions of all boundary lines of the property to be expressed in feet and decimals of a foot; including a written legal description of the property proposed -24- to be subdivided. This information may be referenced on the plat and provided on a separate sheet. (c) The location of existing streets, easements, water bodies, streams, and other pertinent features such as swamps, railroads, buildings, parrs, cemeteries, drainage ditches, bridges and sewers. (d) The location and width of all exist- ing and proposed streets and ease- ments, alleys, and other public ways, and easements and proposed street rights -of -way and building setback lines; including a written legal description of the easements located outside the boundaries of the land proposed to be subdivided. (e) The location, dimension, and approxi- mate area of all proposed or existing lots. (f) The location and dimension of all property proposed to be set aside for park or playground use, or other public or private reservation, with designation of the purpose thereof, and conditions, if any, of the dedica- tion or reservation. (g) A vicinity map showing streets and other general development of the surrounding area. (h) The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner. (i) The date of the map, approximately true north point, scale, and title of the subdivision. (j) Sufficient data acceptable to the City Engineer to determine readily the location, bearing, and length of all lines, and to reproduce such lines upon the ground; the location of all proposed monuments. -25- (k) Names of the subdivision and all new streets as approved by the Plan Commission or Plat Committee. The proposed names shall not duplicate any existing names. (1) Location, sires, elevations, and slopes of existing sewers, water mains, culverts, and other under- ground structures within the tract and immediately adjacent thereto; existing permanent building and utility poles on or immediately adjacent to the site and utility rights -of -way. (m) Existing covenants on the property, if any. (n) The lack of information under any item specified herein, or improper information supplied by the appli- cant, shall be cause of disapproval of the plat. 4.2 Construction Plans (1) General Construction plans shall be prepared for all required improvements. Plans shall be drawn at a scale of no less than one (1) inch equals fifty (50) feet, and map sheets shall be of the same size as the subdivision plat. The follow- ing shall be shown: (a) Profiles showing existing and pro- posed elevations along center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads within one hundred (100) feet of the intersection, shall be shown. Radii of all curves, lengths of tangents, and central angles on all streets. (b) The Plan Commission or Plat Committee may require, where steep slopes exist, that cross -sections of all proposed streets shall be shoran at not more than one hudnred (100) -26- foot stations at seven (7) points as follows: On a line at right angles to the center line of the street, and said elevation, points shall be at the center line of the street, at each gutter line of the street, each property line, and points twenty-five (25) feet inside each property line. (c) Plans and profiles showing the loca- tions and typical cross-section of street pavements including curbs and gutters, sidewalks, drainage easements, servitudes, rights -of -way, manholes, and catch basins; the locations of street trees and street signs; the location, size, and in- vert elevations of existing and proposed sanitary sewers, and storm - water drains, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas, or other underground utilities or structures. (d) Location, size, elevation, and other appropriate description of any exist- ing facilities or utilities, includ- ing, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies, streams, and other pertinent features such as swamps, railroads, buildings, features noted on the Public Develop- ment Plan, at the point of connection to proposed facilities and utilities within the subdivision. The water elevation of adjoining lakes or streams at the date of the survey, and the approximate high- and low- water elevations of such lakes or streams. All elevations shall be referred to the U.S.G.S. datum plane. If the subdivision borders a lake, river, or stream, the distances and bearings of a meander line estab- lished not less than twenty (20) feet back from the ordinary high- water mark of such waterways. -27- (e) Topography at the same scale as the subdivision plat with a contour interval of one (1) foot for areas up to a five percent (50) grade and two (2) feet for areas over five percent (50) grade, referred to sealevel datum. All datum pro- vided shall be the latest applicable U.S. Coast and Geodetic Survey datum and should be so noted on the plat. (f) All specifications and references required by the City's Construction Standards and Specifications, in- cluding a site -grading plan for the entire subdivision. (g) Title, name, address and signature of professional engineer and/or surveyor, and date, including re- vision dates. (h) Certification by the land surveyor and/or professional engineer who prepared the construction plans that all requirements of this Ordi- nance have been duly considered and said requirements have been fulfilled or so noted by a written notice of deviation as to the nature of the deviation along with a clear and rational explanation as to why ....said deviation should be granted and certification by a land surveyor and/or engineer that he will make periodic inspections of the construc- tion of all improvements which will become a part of the public right- of-way and all improvements on ease- ments that may be required by this ordinance to make the subdivision functionally complete. (i) Written evidence of approval by the Richmond Sanitary District or Wayne County Health Department or the Indiana State Board of Health of the proposed means of sewage disposal. (j) All subdivision plats containing lands identified, in the Zoning Ordinance, as flood hazard areas shall have the elevation of the 100-year flood listed and shown thereon. 4.3 Final Subdivision Plat (1) General The final subdivision plat shall be pre- sented in india ink on tracing cloth or reproducible mylar at a scale of either one (1) inch equals fifty (50) feet or one (1) inch equals one hundred (100) feet and contain the same information, except for any changes or additions re- quired by the Plan Commission or Plat Committee shown on the plat submitted for primary approval. The plat submitted for primary approval may be used as the final subdivision plat if it meets these requirements and is revised in accordance with the Plan Commission or Plat Committee's requirements. All revision dates must be shown as well as the following: (a) Each final plat submitted to the Commission or CorimAttee for appro- val shall carry a certificate signed by a Registered Land Surveyor in substantially the following form: I (Flame) , hereby certify that I am a Professional Land Surveyor, licensed in compliance with the laws of the State of Indiana; that this plat correctly represents a survey completed by me on (Date) ; that all the monuments shown thereon shall be set as shown/or actually exist; and that their location, size, type and material are accurately shown. (SEAL) -29- (Signature) (b) Each final plat submitted to the Commission or Committee for approval shall carry a deed of dedication in substantially the following form: We, the undersigned, being all the owners and lienholders of the real estate shown and described herein, do hereby certify that we hereby lay off, plat and subdivide, said real estate in accordance with the within plat. This subdivision shall be known and designated as (Name) (Name) an addition to (Name) All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public free and clear of all liens and encumbrances. Front yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there shall be erected or maintained no building or structure. Easements for installation and main- tenance 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 instal- lation and maintenance of utilities or which may change the direction of flown of drainage channels in the easements or which may obstruct or retard the flow of water through 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 improve- ments for which a public authority or utility company is responsible. -30- Witness our Hands and Seals this day of , 19 State of Indiana County of Wayne Before me the undersigned Notary Public, in and for the County and State personally appeared and each separately and severally acknowledge the execution of the foregoing instruments as his or her voluntary act and deed for the purpose therein expressed. Witness my hand and Notarial Seal this day of , 19 (c) The following shall be attached for covenants or deed restrictions: The following covenants (or restric- tions) are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 20 , (twenty- five -year period is suggested), at which time such covenants (or restrictions) shall be automatically extended for successive periods of ten (10) years unless by unanimous vote of the then owners of the build- ing sites covered by these covenants, (or restrictions), it is agreed to change such covenants (or restric- tions) in whole or part. Invalidation of any one of the fore- going covenants (or restrictions) by judgement or court order shall in no wise affect any of the other covenants (or restrictions) which shall remain in full force and effect. The right to enforce these provisions by injunction, together with the right to cause the removal by due process of law of any structure or part thereof erected or maintained in violation hereof, is hereby dedi- cated to the public, and reserved -31- to the several owners of the several lots in this subdivision and to their heirs and assigns. (Additional dedications and protective covenants, or private restrictions would be inserted here upon the subdivider's initiative or the recommendation of the Commission; important provisions are those specify- ing the use to be made of the property and, in the case of residential use, the minimum habitable floor area.) Witness our Hands and Seals this day of , 19 State of Indiana County of Wayne Before me the undersigned Notary Public, in and for the County and State, personally appeared and each separately and severally acknowledge the execution of the foregoing instruments as his or her voluntary act and deed for the purpose therein expressed. Witness my hand and Notarial Seal this day of , 19 (d) The following shall be attached for certification by the Commission or Committee: UNDER AUTHORITY PROVIDED BY I.C. 36-7-4-700 THROUGH 36-7-4-713 ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THEREOF, AND AN ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, THIS PLAT WAS GIVEN APPROVAL BY THE RICHMOND CITY PLAN COMMISSION/OR RICHMOND PLAT COMMITTEE AS FOLLOWS: -32- Approved by the Richmond City Plan Commission/or Richmond Plat Committee at a meeting held President Executive Secretary (e) The following shall be attached for Transfer and Recording. TRANSFER AND RECORDING Duly entered for taxation this day of , 19 Wayne County Auditor Recorded this day of 19 Book Page Wayne County Recorder (f) The following shall be attached when the proposed subdivision is located in the unincorporated terri- torial jurisdictional area of the City of Richmond, Indiana. The Commissioners of Wayne County, Indiana, hereby certify that adecuate surety has been presented to guarantee the construction of the roadway and that the roadway meets Wayne County standards and will be accepter; into the Wayne County roadway system when completed. Certified at a meeting of the Wayne County Commis- sioners this day of , 19 Commissioner Commissioner Commissioner -33- SECTION 5. ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS 5.1 Improvements and Performance Bond (1) Completion of Improvements Before the final subdivision plat is signed by the President and Executive Secretary of the Plan Commission, appli- cants may be required to complete, in accordance with the Plan Commission or Plat Committee decision and to the satis- faction of the City Engineer or County Engineer, or Richmond Sanitary District, all the street, sanitary and other improve- ments as required in this Ordinance, and to dedicate same to the City or other government agency, free and clear of all liens and encumberances, and to provide a three (3) year maintenance bond coverina said public improvements. (2) Performance Bond (a) The Plan Commission or Plat Committee, at its discretion, may waive the requirements that the applicant complete and dedicate all public improvements prior to the signing of the final subdivision plat, and that, as an alternative, the appli- cant submit Construction plans and post a bond at the time of applica- tion, for secondary approval, in the amount determined by the Plan Commission or Plat Committee as sufficient to secure to the City of Richmond, Indiana, or the Richmond Sanitary District or Wayne County, Indiana, the satisfactory construction, installation, and dedication of the incorlpleted portions of the required improvements. The performance bond shall also secure the placement of all surveyor's monuments as re- quested in this Ordinance. (b) Such performance bond shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth -34- (3) (4) in this Ordinance. The bond shall run to the governmental unit having jurisdiction over the public im- provement. The period �.ithin which the required improvements must be made shall be specified by the Plan Commission or Plat Committee and shall be incorporated in the bond. The Plan Commission or Plat Committee may, upon proof of difficulty, autho- rize the extension of the completion dates set forth in such bond for a maximum period of one (1) additional year. Failure to Complete Improvement For subdivisions for which no performance bond has been posted, if improvements are not completed within the period speci- fied by the Plan Commission or Plat Commit- tee, the approval shall be deemed to have expired. In -chose cases where a performance bond has been posted and the required improvements have not been installed within the teems of such perfor- mance bond, the City of Richmond, Indiana, or the Richmond Sanitary District, or Wayne County, Indiana, may thereupon de- clare the bond. to be in default and require that all the improvements be installed re- gardless of the e:ctent of the building, development at the time the bond is declare? in default. Acceptance of Dedication Offers Acceptance of formal offers of dedication of sewers, streets, public areas, easements and parks by the appropriate governmental unit shall be in accordance ,with the pro- cedure set forth in the Indiana Code. The approval by the Plan Commission or Plat Committee of a subdivision plat shall not be deemed to constitute or imply the acceptance by the Richmond Sanitary Dis- trict or the City of Richmond or Wayne County of any street, sewer, easement or par:; shown on said plat. The Plan Com- mission or Plat Committee may require said plat to be endorsed with appropriate notes to this effect. -35- 5.2 inspection of Improvements (1) General Procedure The Richmond Sanitary District or the City Engineer or the County Engineer, as appropriate, shall be notified by the subdivider forty-eight (48) hours in advance of the starting date of anv Work on the proposed public improvement within a subdivision. All material de- livered to the job shall be subject to inspection at the source and/or site, and may be rejected at either location. Final Approval of the eaork rests v.ith the Richmond Sanitary District or the City Engineer or the County Engineer, as appropriate, and the performance bond shall be retained in full effect unLil the acceptance of the ;-iork is made offi- cially. All inspections of materials and work when performed by other than Sanitary District, County or City employees shall be :Wade at the e.,:pense of the owner. (2) Release or Reduction of Performance Bond (a) Certificate of Satisfactory Completion Upon completion of the public improve- ments proposed in the subdivision, the subdivider's professional engineer and/or land surveyor who is licensed in the State of Indiana, shall certify to the City Engineer or [Mayne County Highway Engineer or the Richmond Sanitary District that he has :Wade periodic inspections of the v:ork and to the best of his knowledge and belief, all improvements have been constructed in accordance with the approved plans and specifications and four (4) sets of certified as built. drawings have been filed with each of the applicable governmental units. .he Board of Public Works and Safety or the Wayne County Commissioners or the Richmond Sanitary District will not accept dedication of rec:uired public improvements nor release or re- duce the performance bond until -36- the City Engineer or Wayne County Highway Engineer or Richmond Sani- tary District, as appropriate, has approved the certification of the subdivider's licensed professional Engineer and/or land surveyor and recommended that said public im- provements be accepted. (b) Reduction of Performance Bond A performance bond shall be reduced upon official acceptance of public improvements and then only to the ratio that the public improvement accepted bears to the total public improvements for the plat. In no event shall a performance bond be reduced below twenty-five percent (250) of the principal amount. 5.3 Maintenance of Improvements (1) The applicant shall be required to main- tain all public improvements on the indivi- dual subdivided lots and for snow removal on streets and sidewalks, if required, until acceptance of said improvements by the appropriate governmental unit. In the event the subdivider does not maintain said public improvements, the governmental unit may authorize emergency repairs and charge same to the subdivider. (2) Before the acceptance of any streets, sidewalks, curb and gutter, sewer or other public improvements the subdivider shall furnish a three (3) year Maintenance Bond covering such improvements which shall run to the Richmond Board of Public Works and Safety, Wayne County Board of Commissioners, or the Richmond Board of Sanitary Commissioners, said bond shall: (a) Provide surety satisfactory to the Board having jurisdiction. (b) Include a certificate from the owners' licensed professional engineer or land surveyor, certifying that he has made periodic inspections of work, and to the best of his know- ledge and belief all improvements -37- have been constructed in accordance with the approved plans and specifi- cations and four (4) sets of certi- fied as built drawings have been filed with each of the applicable governmental units. (c) Provide that for a period of three (3) years after the date of the Board's hearing at which the appli- cant submitted this maintenance bond, the applicant will, at his oven expenses, make all repairs to said improvements which may become necessary by reason of improper workmanship or materials, with such maintenance, however, not to include any damage to said improvements resulting from forces or circumstances beyond the control of said applicant or occasioned by the inadequacy of the design intent of these specifi- cations. SECTION 6. REQUIREMENTS FOR IMPROVEMENTS, DEDICATIONS, AND DESIGN 6.1 General Improvements (1) Conformance to Applicable Rules and Regula- tions. In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules, and regulations. (a) All applicable statutory provisions. (b) The City's Zoning Ordinance, Building and Housing Codes, and all other applicable laws. (c) The Public Development Plan of the City of Richmond, Indiana. (d) The special requirements of this Ordinance and any rules of the Wayne County Health Department and/or appropriate state agencies. (e) The rules of the Indiana State High- way Commission if the subdivision or any lot contained therein abutts a state highway or connecting street. (f) The City of Richmond's Construction Standards and Specifications and the standards and regulations adopted by all boards, commissions, and agencies, of the City of Richmond. (g) Plat approval may be withheld if a subdivision is not in conformity with the above guides or policy and purposes of this Ordinance estab- lished in Section 1.4 of this Ordi- nance. (2) Self -Imposed Restrictions If the owner places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance or this Ordinance, such restric- tions or reference thereto may be required to be indicated on the subdivision plat or the Plan Commission or Plat Committee shall require that restrictive covenants be recorded with the Wayne County Recorder in form to be approved by the City Attorney. (3) Monuments The owner shall place permanent reference monuments in the subdivision as required herein and as approved by a Registered Land Surveyor. (a) Monuments shall be located on street right-of-way lines, at street inter- sections, angle points of curve and block corners. They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits. (b) The external boundaries of a sub- division shall be monumented in the field by monuments of stone or concrete, not less than thirty (30) inches in length, not less than four (4) inches square or five (5) inches in diameter, and marked on top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or iron pipes at least thirty (30) -39- inches long and one (1) inch in diameter. These monuments shall be placed not more than 400 feet apart in any straight line and at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points along the meander line, said points to be not less than twenty (20) feet back from the bank of any river or stream, except that when such corners or points fall within a street, or proposed future street, the monuments shall be placed in the side line of the street. (c) All internal boundaries and those corners and points not referred to in the preceding paragraph shall be monumented in the field by iron rods at least five -eighths (5/8) inch in diameter and at least thirty (30) inches long or iron pipes at least one (1) inch in diameter and at least thirty (30) inches long. These monuments shall be placed at all block corners, at each end of all curves, at a point where a river changes its radius, and at all angle points in any line. (d) The lines of lots that extend to rivers or streams shall be monumented in the field by iron rods at least thirty (30) inches long and five - eighths (5/8) inch in diameter, or iron pipes at least one (1) inch in diameter and at least thirty (30) inches long. These monuments shall be placed at the point of intersection of the river or stream lot line, with a meander line estab- lished not less than twenty (20) feet back from the bank of the river or stream. (e) All such monuments shall be set flush with the ground and planted in such a manner that they will not be removed by frost. (f) All monuments shall be properly set in the ground and approved by -40- a Registered Land Surveyor. Monu- ments that are not set prior to secondary approval being granted shall be included in the performance bond for the subdivision. (4) Character of the Land Land which the Plan Commission or Plat Committee finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features t,7hich will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be sub- divided or developed unless adequate methods are formulated by the developer and approved by the Plan Commission or Plat Committee, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger. (S) Subdivision Name The proposed name of the subdivision shall not duplicate, or too closely ap- proximate phonetically, the name of any other subdivision in the area covered by this Ordinance. The Plan Commission or Plat Committee shall have final autho- rity to designate the name of the subdivi- sion. 6.2 Lot Improvements (1) Lot Arrangement The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other con- ditions, in securing Improvement Location Permits to build on all lots in compliance with the Zoning Ordinance and Health Regula- tions and in providing driveway access to buildings on such lots from an approved street. -41- (2) Lot Dimensions Lot dimensions shall comply with the mini- mum standards of the Zoning Ordinance. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a varia- tion from this rule �-aill give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the mini- mum yard setbacks from both streets as required in the Zoning Ordinance. Depth and width of properties reserved or laid out for business, commercial, or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as estab- lished in the Zonina Ordinance. (3) Double Frontage Lots and Access to Lots (a) Double Frontage Lots Double frontage and reversed front- age lots shall be avoided except where necessary to provide separa- tion of residential development from traffic thoroughfares or to overcome specific disadvantages of topography and orientation. (b) Access from Primary and Secondary Thoroughfares Lots shall not, in general, derive access exclusively from a primary or secondary thoroughfare. Where driveway access from a primary or secondary thoroughfare may be necessary for several adjoining lots, the Plan Commission or Plat Committee may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on primary or secondary thoroughfares. -42- (41) Lot Drainage Lots shall be laid out so as to provide positive drainage away from all build- ings and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concen- tration of storm drainage water from each lot to adjacent lots. However, drainage swales at rear lot lines will be considered. 6.3 Roads (1) General Reouirements (a) Frontage on Improved Roads No subdivisions shall be approved unless the area to be subdivided shall have frontage on and access from an existing street or, a street shown upon a plat approved by the Plan Commission or the Plat Committee and recorded in the Wayne County Recorder's Office. Such street or highway must be suitably improved as required by the City of Richmond's Construction Standards and Specifi- cations, or be secured by a perfor- mance bond required under this Sub- division Ordinance, with the width and right-of-way required by this Subdivision Ordinance. Wherever the area to be subdivided is to utilize existing road frontage, such road shall be suitably improved as provided beIow. (b) Grading and Improvement Plans Roads shall be graded and improved and conform to the City of Richmond's Construction Standards and Specifi- cations and shall be approved as to design and specifications by the City Engineer and in the case of a subdivision located in the unincorporated territorial jurisdic- tional area, concurrent approval by the County Engineer. -43- (c) Topography and Arrangement (i) Roads shall be related appro- priately to the topography. All streets shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combi- nation of steep grades and curves shall be avoided. (ii) All streets shall be properly integrated with the existing and proposed system of thorough- fares and dedicated righ-cs-of- way as established in the Public Development Plan. (iii) All thoroughfares shall be properly related to special traffic generators such as industries, business districts, schools, churches and shopping centers; to population densi- ties; and to the pattern of existing and proposed land uses. (iv) Minor local streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property. (v) The rigid rectangular gridiron st-reet pattern need not neces- sarily be adhered to, and the use of curvilinear streets, cul-de-sacs, or U-shaped streets may be encouraged where such use will result in a more desirable layout. -44- (vi) Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physi- cal conditions, or if, in the opinion of the Plan Commis- sion or Plat Coi-ru--Iiittee, such extension is not necessary or desirable for the coordina- tion of the layout of the sub- division with the existing layout or the most advanta- geous future development of adjacent tracts. (vii) in business and industrial developments, the streets and other accessways shall be planned in connection with the grouping of build- ings, location of rail facili- ties, and the provision of alley, truck loading and maneuvering areas, and parking areas so as to minimize con- flict of movement between the various types of traffic including pedestrian. (d) Blocks (i) Blocks shall have sufficient width to provide for two (2) tiers of lots of appro- priate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads, or water- ways. (ii) The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residen- tial areas shall not exceed one thousand two hundred (1,200) feet or twelve (12) times the minimum lot width required in the zoning dis- trict, nor be less than four -45- hundred (400) feet in length. Wherever practicable, blocks along major thoroughfares should be not less than one thousand (1000) feet in length. (e) Access to Thoroughfares Where a subdivision borders on or contains an existing or proposed thoroughfare, the Plan Commission or Plat Committee may require that access to such streets be limited by one of the following means: (i) The subdivision of lots so as to back onto the thorough- fare and front onto a parallel minor street; no access shall be provided from the thorough- fare, and screening shall be provided in a strip of land along the rear property line of such lots. (ii) A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the thoroughfare. (iii) A marginal access or service road (separated from the thoroughfare by a planting or grass strip and having access thereto at suitable points). (f) Road Names The Plan Commission or Plat Committee shall approve or change the names of all roads at the time of primary approval. Names shall be sufficiently different in sound and spelling from other road names so as not to cause confusion. A road which is or is planned as a continuation of an ex- isting road shall bear the same name. (g) Addresses The Plan Commission or Plat Committee shall assign addresses for all lots within the subdivision plat at the time of primary approval. (h) Road Regulatory Signs The developer shall install street name signs at all intersections within or abutting the subdivision, the type and location of which is to be approved by the City Engineer or County Engineer as appropriate. (i) Street Lights When a subdivision is located within the jurisdiction of Richmond Power and Light, the owner shall: (i) Incorporate easements, as required by street lighting facilities, into the plan of the subdivision. (ii) Notify Richmond Power and Light four (4) days in advance of the starting date of con- struction of any street. (iii) Notify Richmond Power and Light two (2) days in advance of the starting date of con- struction of any concrete driveways. The above steps will facilitate installation of street lighting facilities. (j) Reserve Strips The creation of reserve strips shall not be permitted adjacent to a pro- posed street in such a manner as to deny access from adjacent property to such street. (k) Construction of Roads and Dead -End Roads -47- (i) The arrangement of streets shall provide for the con- tinuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effec- tive fire protection, for efficient provision of utili- ties, and where such continua- tion is in accordance with the Public Development Plan. If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of- way shall be extended to the property line. A tempor- ary T- or L-shaped turnabout may be required on all tempor- ary dead-end streets, with the notation on the subdivi- sion plat that land outside the normal street right-of- way shall revert to abuttors whenever the street is con- tinued. The Plan Commission or Plat Committee may limit the time or use or the length of temporary dead-end streets in accordance with the design standards of this Ordinance. (ii) Dead -End Roads (Permanent) Where a road does not extend to the boundary of the sub- divsion and its continuation is not required by the Plan Commission or Plat Committee for access to adjoining pro- perty, its terminus shall normally not be nearer to such boundary than fifty (50) feet. However, the Plan Commission or Plat Committee may require the reservation of an appropriate easement to accomodate drainage facili- ties, pedestrian traffic, or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street in accordance with this Ordinance. For greater convenience to traf- fic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length in accordance with the design standards of this Ordinance. (2) Design Standards (a) General In order to provide for roads of suitable location, width, and improve- ment to accomodate prospective traffic and afford satisfactory access to police, fire -fighting, snow removal, sanitation, and road -maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardship to adjoining properties, the following design standards for roads are hereby re- quired. (Road classification may be indicated on the Public Develop- ment Plan map; otherwise it shall be determiend by the Plan Commission or Plat Committee.) TABLE 1. DESIGN STANDARDS FOR ROADS Improvement Minimum Width Right-of-Wav (in Feet) Minor Street 50 Collector Street 60 Thoroughfare 90 Minimum Width Traveled Route (in Feet)* Minor Street 30 Collector Street 40 Thoroughfare 48 *Curb to curb face Maximum Grade (Percent) Minor Street 8 Collector Street 6 Thoroughfare 4 Minimum Grade 0.5 -49- Minimum Radius of Curve (in Feet) Minor Street 150 Collector Street 200 Thoroughfare 500 Minimum Length of Vertical Curves Minor Street Thoroughfare and Collector Street 100 feet, but not less than 40 feet for each algebraic difference in grade percent. 300 feet, but not less than 50 feet for each algebraic difference in grade percent. Minimum Length of Tangents Between Reverse Curves (in Feet) Minor Street 100 Collector Street 100 Thoroughfare 300 Minimum Cul-de-Sac (in Feet) Right -of -Way Diameter 100 Pavement 80 Maximum Length of Cul-de-Sac Permanent Temporary 600 1,000 Minimum Radius (in Feet) At Pavement Minor Street 25 Collector Street 30 Thoroughfare 50 Cul-de-Sac 40 (b) Excess Right -of -Way Right-of-way width in excess of the standards designated in this Ordi- nance shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three to one. -50- (c) Railroads and Limited Access Highways Railroad right-of-way and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows: (i) In residential districts a buffer strip at least 25 feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of- way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: "This strip is reserved for screening. The placement of structures hereon is pro- hibited". (ii) In districts zoned for business, commercial, or industrial uses, the nearest street extending parallel or approximately parallel to the railroad shall, whenever practicable, be at a sufficient distance therefrom to ensure suitable depth for commercial or in- dustrial sites. (iii) Streets parallel to the rail- road when intersecting a street which crosses the railroad at grade shall, to the extent practicable, be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appro- priate approach gradients. -51_ (d) Intersections (i) Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than seventy- five (75) degrees shall not be acceptable. An oblique street should be curved ap- proaching an intersection and should be approximately at right angles for at least one hundred feet therefrom. Not more than two (2) streets shall intersect at any one point unless specifically approved by the Plan Commis- sion or Plat Committee. (ii) Proposed new intersections along one side of an exist- ing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than 125 feet shall not be permitted, except where the intersected street has separa- ted dual drives without median breaks at either intersection. Where streets intersect col- lector streets and thorough- fares, their alignment shall be continuous. Intersection of thoroughfares shall be at least 800 feet apart. (iii) Minimum curb radius at the intersection of two (2) minor streets shall be at least twenty-five (25) feet; and minimum curb radius at an intersection involving a collector street shall be at least thirty (30) feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular move- ment. -52- (iv) Intersections shall be de- signed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two percent (20) rate at a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street. (v) Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connec- tion with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance. (vi) The cross -slopes on all streets, including intersections, shall be two percent (20). (e) Bridges Bridges of primary benefit to the applicant as determined by the Plan Commission or Plat Committee, shall be constructed at the full expense of the applicant without reimburse- ment from the City of Richmond or Wayne County. (f) Road Dedications (i) New Perimeter Streets Street systems in new subdivi- sions shall be laid out so as to eliminate or avoid new perimeter half -streets. Where an existing half -street is adjacent to a new subdivi- sion, the other half of the street shall be improved and dedicated by the subdi- vider. The Plan Commission -53- or Plat Committee may autho- rize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within his own subdivi- sion boundaries. (ii) Widening and Realignment of Existing Roads Where a subdivision borders an existing narrow road or when the Public Development Plan indicates plans for the realignment or widening of a road that would require use of some of the land in the subdivision, the appli- cant may be required to im- prove and dedicate at his expense such areas for widen- ing or realignment of such roads. Such frontage roads and streets shall be improved and dedicated by the applicant at his own expense to the full width as required by this Subdivision Ordinance at the discretion of the Plan Commission or Plat Com- mittee. Land dedicated for any road purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance whether the land is to be dedicated to the municipality in fee simple or an easement is granted. (g) Inspections The interest of the City is to secure adequately constructed and good quality streets for their future administration and maintenance; the subdivider and/or any of his agents shall permit and cooperate in the inspection of any part of the con- struction at any time by the City Engineer or County Engineer or their assigned inspector. -54- 6.4 During the course of construction the subdivider shall be required to notify the City Engineer or the County Engineer as follows: (1) Forty-eight (48) hours in ad- vance of the starting date of any work. (2) After completion of the sub - grade, and before any base courses are to be placed. (3) Prior to the placing of any pavement. (4) The subdivider shall not proceed with any work outlined herein until approval is granted by the City Engineer or the County Engineer. Drainage and Storm Sewers (1) General Requirements The Plan Commission or Plat Committee shall not approve any plat of a subdivision which does not make adequate provision for storm or flood water runoff channels or basins. The storm water drainage system shall be separate and independent of any sanitary sewer system. Storm sewers, where required, shall be designed by the Rational Method, or other methods as ap- proved by the City Engineer or County Engineer, and a copy of design computations shall be submitted along with plans. When calculations indicate that curb capacities are exceeded at a point, no further allow- ance shall be made for flow beyond that point, and basins shall be used to inter- cept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block. (2) Nature of Storm Water Facilities (a) Location The applicant may be required to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of the subdivision. -55- Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appro- priate width, and shall be con- structed in accordance with the construction standards and specifi- cations. (b) Accessibility to Public Storm Sewers Where an adequate public storm sewer is accessible, the applicant shall install storm sewer facilities, or if no outlets are within a rea- sonable distance, adequate provi- sions shall be made for the dispo- sal of storm waters, subject to the specifications of the City En- gineer or County Engineer. (c) Accommodation of Upstream Drainage Areas A culvert or other drainage facility shall, in each case, be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The City Engineer shall approve the design size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed de- velopment permitted by the Zoning Ordinance. (d) Effect on Downstream Drainage Areas The City Engineer or County Surveyor shall approve the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Drainage studies together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is antici- pated that the additional runoff incident to the development of the subdivision will overload an exist- ing downstream drainage facility, the Plan Commission or Plat Committee -56- may withhold approval of the sub- division until provision has been made for the improvement of said potential condition in such sum as the Plan Commission or Plat Commit- tee shall determine. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility. (3) Dedication of Drainage Easements (a) General Requirements Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction or both as will be adequate for the purpose. wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum Dotential volume of flow. (b) Drainage Easements (i) Where topography or other conditions are such as to make impractical the inclu- sion of drainage facilities within road rights -of -way, perpetual unobstructed ease- ments at least fifteen (15) feet in width for such drain- age facilities shall be pro- vided across property outside the road lines and with satis- factory access to the road. Easements shall be indicated on the plat. Drainage ease- ments shall be carried from the road to a natural water- course or to other drainage facilities. -57- (ii) When a proposed drainage system will carry ,water across private land outside the subdivision, appropriate drainage rights must be se- cured and indicated on the plat by metes and bounds legal description. 6.5 Water Facilities The subdivider shall provide a complete water main supply system which shall be connected to a municipal or community water supply appro- ved by the State Board of Health; except, that ,when such municipal or community ,eater supply is not available the subdivider shall provide an individual ,eater supply on each lot in the subdivision in accordance ,with minimum require- ments of the State Board of Health. 6.6 Sewerage Facilities (1) The subdivider shall provide the subdivi- sion with a complete sanitary sewer sys- tem which shall connect with a sanitary sewer outlet approved by the State Board of Health and/or the Richmond Sanitary District except that ,when such approved outlet is not available one of the follow- ing methods of sewage disposal shall be used: (a) A complete sanitary sewer system to convey the sewage to a treatment plant to be provided by the subdivi- der in accordance ,with minimum re- quirements of the State Board of Health. When a sanitary sewer sys- tem is installed it shall include all laterals and service sewers to the property line of lots to be served. (b) Private sewage disposal systems on individual lots, consisting of a spetic tank and tile absorption field or other approved sewage dis- posal system, when laid out in accor- dance with minimum standards of the State Board of Health, on lots of, (a) at least one-half (2) acre in area when water is supplied by a central system, and (b) at least one (1) acre in size when water is not so supplied; or such larger areas in each case as may be required by the Wayne County Health Officer to ensure the satisfactory functioning of such private sewage disposal sys- tem. The plans for the installation of a sanitary system shall be prepared by the subdivider and approved by the State Board of Health and/or the Richmond Sanitary District. In case perco- lation tests are required by the Health Officer, they shall be conducted according to his in- structions and at the subdivider's expense. In Sections 6.5 and 6.6, the phrase "the subdi- vider shall provide" shall be interpreted to mean that the subdivider shall install the faci- lity referred to, or in the case of a private sewage disposal system or an individual water supply is to be provided, that the subdivider shall require, as a condition of the sale of each lot or parcel in the subdivision, that the facilities referred to in these sections shall be installed by the owner of the lots in accord- ance with this Ordinance. 6.7 Sidewalks Whenever a proposed subdivision lies adjacent to or between other subdivisions which have been provided with sidewalks, the Commission or Committee shall require connecting sidewalks on both sides of the streets which are exten- sions of existing streets having such sidewalks. Sidewalks may also be required along thorough- fares, along streets in proximity to schools or in other instances when determined by the Plan Commission or Plat Committee to be in the interest of public safety. When sidewalks are provided, they shall be constructed to City Standards. 6.8 Easements Easements for utilities shall be provided. Such easements shall have minimum widths of ten (10) feet, and where located along lot lines, one- half the width shall be taken from each lot. When easements are located along boundary lines of a plat, the full width of the easement may be required within the plat, at the discretion -59- of the Commission or Committee. Before determin- ing locations the plan of easements shall be discussed with the local public utility companies to assure their proper placement for the instal- lation of such services. 6.9 Public Uses (1) Parks, Playgrounds, and Recreation Areas (a) Recreation Standards The Plan Commission or Plat Committee may require that land be dedicated for parks and playgrounds or other recreation purposes in locations designated on the Public Development Plan or otherwise where such dedica- tions would be appropriate. Each dedication shall be of suitable size, dimension, topography, and general character, and shall have adequate road access, for the parti- cular purposes envisioned by the Plan Commission or Plat Committee. The area shall be shown and marked on the plat, "Dedicated for Park and/or Recreation Purposes". When recreation areas are required, the Plan Commission or Plat Committee shall determine the number of acres to be dedicated on the basis of pro- viding three (3) acres of recreation area for every one hundred (100) dwelling units. The developer shall dedicate all such recreation areas to the City as a condition of pri- mary subdivision plat approval. (b) Minimum Size of Park and Playground Dedications In general, land dedicated for recrea- tion purposes shall have an area of at least four (4) acres. When the basis for determining recreational area would create less than four (4) acres, the Commission or Committee may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided. In no case shall an area of less than two (2) acres be dedicated for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area. (c) Recreation Sites Land dedicated for recreation pur- poses shall be of a character and location suitable for use as a play- ground, playfield, or for other re- creation purposes, and shall be relatively level and dry; and shall be improved by the developer to the standards required by the Plan Commission or Plat Committee, which improvements shall be included in the performance bond. All land to be dedicated to the City for park purposes shall have prior ap- proval of the Common Council and the Richmond Board of Parks and Recreation, and shall be shown narked on the plat "Dedicated for Park and/or Recreation Purposes". 6.10 Preservation of Natural Features and Amenities (1) General Existing features which would add value to residential development or to the City as a whole, such as trees, watercourses and falls, beaches, historic spots, and similar irreplaceable assets, may be re- quired to be preserved in the design of the subdivision. 6.11 Nonresidential Subdivisions (1) Standards In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satis- faction of the Commission or Committee that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed: -51- (a) Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial develop- ment anticipated. (b) Street rights -of -way and pavement shall be adequate to accommodate the type and volume of traffic anti- cipated to be generated thereupon. (c) Special requirements may be imposed by the Plan Commission or Plat Com- mittee with respect to street, curb, gutter, and sidewalk design and construction. (d) Special requirements may be imposed by the Plan Commission or Plat Com- mittee with respect to the instal- lation of public utilities, including, �,7ater, sewer, and storm water drain- age. (e) Every effort shall be made to pro- tect adjacent residential areas from potential nuisance from a pro- posed commercial or industrial sub- division, including the provision of extra depth in parcels backing up on existing or potential residen- tial development and provisions for a permanently landscaped buffer strip when necessary. (f) Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas. -62- SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval as by law required, and after a certified copy of this Ordinance has been filed with the Wayne County Recorder. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this „%i,,o( day of 1984. /—YA-1'/ P es d t o C. on ebuncil .. 1.. K PRESENTED by, me to the Mayor of the City of Richmond, Indiana, this 3iroC- day of 1984. GY.t,c�L City Cler APPROVED by me, Frank 1j, Waltermann, Mayor of the City of Richmond, Indiana this �_34 day of 1984. 7 2IP2�' �' �/ I � � � Mayor ATTEST City Cler STATE OF INDIANA SS COUNTY OF WAYNE Subscribed and sworn to before me, a notary public in and for said County and State, this 3rd day of July , 1984. i Carol E. Brady, Notary lic Resident of Wayne Counde My Ccomission F-xpires : a� —W F — S-- Ir This instrument prepared by Daniel S. Dooley, City Planning Director.