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are hereby repealed.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.