2016 Subdivision Control Ordinance

Adopted 11/07/2016

Charlestown SUBDIVISION CONTROL OR D IN A N C E Charlestown, Indiana

TABLE OF CONTENTS: Chapter One: Title, Purpose, Authority & Jurisdiction..............................

01

Chapter Two: Establishment of Control.....................................................

02

Chapter Three: General Provisions..........................................................

03

Chapter Four: Definitions.......................................................................... 06 Chapter Five: Procedures for Subdivisions................................................ 07 Chapter Six: Standards of Design............................................................

19

Chapter Seven: Open Space Standards for Major Subdivisions................

27

Chapter Eight: Standards of Required Improvements..............................

37

Chapter Nine: Plat Certificates..................................................................

40

Chapter Ten: Enforcement......................................................................... 56 Chapter Eleven: Fee Schedule................................................................... 57

Introductory Provisions

CHAPTER ONE: Title, Purpose, Authority & Jurisdiction

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE CHAPTER 1: TITLE, PURPOSE, AUTHORITY & JURISDICTION 1.01 1.02 1.03 1.04

Title.

Purpose and Intent.

Authority.

Jurisdiction.

1.01

Title.

This Ordinance shall be referred to, and cited, as the Subdivision Control Ordinance, Ordinance No. 2016-20, as amended, of the City of Charlestown, Clark County, Indiana.

1.02

Purpose and Intent.

This ordinance has been established for the purpose of guiding and accomplishing the coordinated development of the jurisdiction of the City Charlestown, Indiana, in order to promote, in accordance with present and future needs, the health, safety, order, convenience, prosperity, and general welfare of the citizenry. In the accomplishment of this purpose, the regulations as herein established provide for, among other things, efficiency and economy in the process of development, the proper arrangement of streets, adequate open spaces for recreation, adequate provision for public utilities and other public facilities, and other requirements for land subdivision which will tend to create conditions favorable to the health, convenience, and prosperity of the citizens of the jurisdiction of the City of Charlestown, Indiana.

Charlestown encourages creative development solutions that build community character and reflect the community’s vision; Charlestown is focused on creating neighborhoods rather than standard subdivisions.

Refer to the Planned Unit Development District in the Charlestown Zoning Ordinance that would allow for greater flexibility and creative development options.

1.02

Authority.

The City of Charlestown holds the power to regulate in order to promote orderly development and to improve the health, safety, convenience and welfare of its citizens through I.C. 36-7-4, as amended from time to time.

1.03

Jurisdiction.

The area of jurisdiction shall be the incorporated area of the City of Charlestown, Indiana.

CHAPTER1: TITLE, PURPOSE, AUTHORITY & JUSISDICTION

1

CHAPTER TWO:

Establishment of Control

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE CHAPTER 2: ESTABLISHMENT OF CONTROL 2.00 2.01 2.00

Establishment of Control.

UNTITLED.

Establishment of Control.

No plat or re-plat of a subdivision of land or amendment, including plans or specifications and amendments thereto, or corrections to an already recorded plat (certificate of corrections, or certificate of error) located within the jurisdictional area of this Ordinance shall be recorded until it shall have been approved by the Commission and the Charlestown Board of Public Works and Safety, if the plat or replat lies within their service area, and such approval shall have been entered in writing on the plat by the President of the Commission, or its designee, and the members of the Charlestown Board of Public Works and Safety, if applicable. All corrections or amendments to an approved plat shall be cited as an addendum to and on said approved plat, including the copy at the office of the Recorder of Clark County, Indiana.

2.01 The final location of sidewalks within a proposed subdivision is subject to the approval of the Board of Public Works and Safety.

CHAPTER 2: ESTABLISHMENT OF CONTROL

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CHAPTER THREE:

General Provisions

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE CHAPTER 3: GENERAL PROVISIONS

3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08

General Provisions.

Violations and Penalties.

Severability.

Conflicting Ordinances.

Non-Interference.

Effective Date.

Amendments to the Subdivision Ordinance.

Waivers.

Copy on File.

3.00 General Provisions.

3.01 Violations and Penalties.

3.01.01 A failure to comply with any of the requirements of this Ordinance, including violations of conditions and safeguards established in connection with the granting of variances, special uses, rezonings and development plan approvals shall constitute a violation of this Ordinance.

3.01.02 The Commission, the Board of Public Works and Safety, the Building Commissioner or any designated enforcement official or any person or persons, firm or corporation jointly or severally aggrieved may institute a suit for injunction in any court of competent jurisdiction to restrain an individual or a governmental unit from violating the provisions of this Ordinance.

3.01.03 The Commission, the Board of Public Works and Safety, or the Building Commissioner may also institute a suit for mandatory injunction directing any individual, firm, corporation or governmental unit to remove a structure erected in violation of the provisions of this Ordinance.

3.01.04 Any building erected, raised or converted, or land or premises used in violation of any provisions of this Ordinance or of the requirements thereof, is hereby declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law.

3.01.05 Any person, persons or corporations, whether as principal, agent, employee or otherwise, who violates any part of this Ordinance shall be guilty of a misdemeanor upon conviction, shall be fined not less than twenty-five dollars ($50.00) and not more than five hundred dollars ($300.00) for each offense. For purposes of this Ordinance, each day of violation of the terms of this Ordinance shall constitute a separate offense.

3.01.06 The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, realtor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

3.02 Severability.

Should any section or any provision of this Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so held to be unconstitutional or invalid.

CHAPTER 3: GENERAL PROVISIONS

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 3.03

Conflicting Ordinances.

Whenever any provision of this Ordinance imposes a greater requirement or a higher standard than is required in any State or Federal code or regulation or other City ordinance or regulation, specifically the International Building Code, International Plumbing Code and the National Electrical Code, the provision of this Ordinance shall govern. Whenever any provision of any State or Federal statute or other City ordinance or regulation imposes a greater requirement or a higher standard than is required by this Ordinance, the provision of such State or Federal statute or other City ordinance shall govern.

3.04

Non-Interference.

It is not the intent of this Ordinance to interfere with, abrogate or annul any easements, covenants, or other agreements between parties or to interfere with, abrogate or annul any Ordinances, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this Ordinance, or which shall be adopted or issued; however, where this Ordinance imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces or greater lot area per dwelling unit than are imposed or required by other easements, covenants or agreements between parties or by such Ordinances, rules, regulations, or permits, the provisions of this Ordinance shall govern.

3.05

Effective Date.

The Subdivision Control Ordinance of the City of Charlestown, Clark County, Indiana, as herein presented, shall be in full force and effect from and after its passage by the City Council of the City of Charlestown, Indiana on November 11, 2016. On this date, Ordinance No. 2016-20 the Subdivision Control Ordinance No. 2016-20 passed by the City Council of the City of Charlestown, Indiana, on November 11th, 2016, and all amendments thereto, are hereby repealed and all other ordinances or parts thereof which are in conflict with the terms and conditions of this Ordinance are hereby repealed.

3.06

Amendments to the Subdivision Ordinance.

Pursuant to I.C. 36-7-4-701, the Subdivision Control Ordinance shall be adopted, amended, or repealed in the same manner as the Zoning Ordinance. The procedures are as follows: 1.

The proposal may be initiated by either the Commission or the Council; however, if the Council initiates the proposal, it shall require the Commission to prepare it.

2.

The Commission shall prepare the proposal so that it is consistent with applicable state law.

3.

In considering the proposal, both the Commission and the Council shall pay reasonable regard to: i.

the Comprehensive Plan; in the event that a City-wide policy and area-specific policy conflict, the area-specific policy shall apply; ii. current conditions and the character of current structures and uses in each district; iii. the most desirable use for which the land in each district is adapted; iv. the conservation of property values throughout the City; and v. responsible development and growth.

4.

The Commission shall give notice and hold a public hearing on the proposal in accordance with its Rules of Procedure.

5.

Within ten (10) business days after the Commission determines its recommendation (if any), the Commission shall certify the proposal to the Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

3.07

6.

The Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. The Council's consideration of the proposal is governed by IC 36-7-4.

7.

If the proposal is adopted, the Commission shall print the amendments to the Subdivision Control Ordinance in book or pamphlet form, or arrange for them to be included in the City's Code of Ordinances.

8.

Unless the proposal provides for a later effective date, the amendments contained in the proposal take effect when the proposal is duly adopted, except for any provision prescribing a penalty or forfeiture for a violation, which may not take effect until the Commission complies with the applicable notice and filing requirements described in IC 36-7-4.

9.

Should the City Council reject the proposed amendment to the Subdivision Control Ordinance, by vote or by default, said proposed amendment shall not be reconsidered by the Commission or the City Council until the expiration of one (1) year after the original recommendation of the Commission.

Copy on File.

A certified copy of the Subdivision Control Ordinance of the City of Charlestown, Clark County, Indiana, as may be amended from time to time, shall be filed in the Office of the City of Charlestown Clerk-Treasurer and shall be available for public viewing during normal office hours.

CHAPTER 3: GENERAL PROVISIONS

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CHAPTER FOUR:

Definitions

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE CHAPTER 4: DEFINITIONS 4.00 4.01 4.02

Definitions.

UNTITLED. UNTITLED.

4.00 Definitions.

The following general rules of construction shall apply to the regulations of this Ordinance: 4.01 Words not defined herein but defined in the Charlestown Zoning Ordinance shall be interpreted in accordance with the Zoning Ordinance definition.

4.02 Words and terms not defined herein or in the Charlestown Zoning Ordinance shall be interpreted in accord with their normal dictionary meaning and customary usage.

CHAPTER 4: DEFINITIONS

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CHAPTER FIVE:

Procedures for Subdivisions

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

CHAPTER 5: PROCEDURE FOR SUBDIVISIONS 5.00 5.01 5.02 5.03 5.04 5.05 5.06 5.07

Procedure for Subdivisions.

Procedure Generally.

Requirements for Preliminary Plat.

Requirements for Preliminary Supporting Data.

Requirements for Final Plat.

Requirements for Final Supporting Data.

Requirements for Construction Plan.

Provisions for Financial Performance and Maintenance Guarantees for Subdivisions.

5.00 Procedure for Subdivisions.

5.01 Procedure Generally 5.01.01 The Preliminary Plat - Conformance. Whenever a subdivision is proposed to be made on any land lying within the jurisdiction of the Commission, and before any construction work is started, the owner or proprietor of the proposed subdivision or his duly authorized representative shall cause a preliminary plat to be prepared as required herein. The preliminary plat shall comply fully with the health, zoning, and other applicable ordinances in effect at the time the plat is submitted. Whenever the platting of any residential ground within the jurisdiction of this Ordinance is proposed, the procedure and requirements herein shall apply. Where the platting of commercial or industrial ground within the jurisdiction of this Ordinance is proposed, the procedure and requirements shall be adjusted as necessary in order to allow the platting of streets and easements without platting lots. The supporting data, construction plans and so forth shall follow the requirements herein. The procedures for preliminary and secondary final plat approval may be followed concurrently, if the applicant desires and so files, although no final plat approval shall be granted by the Commission until it has granted preliminary plat approval.

5.01.02 Review with Building Commissioner. Applicants shall meet with the Building Commissioner to review the zoning classification of their site, obtain copies of all regulatory ordinances if necessary, review the platting procedure and the proposed development and use of their property. The Building Commissioner shall consult with the applicant in preparing his application and supporting documents, if necessary.

5.01.03 Application for Preliminary Plat. Five (5) copies, or more if necessary, of the preliminary plat, together with supporting documents, shall be submitted to the Building Commissioner with a written application and the application fee.

5.01.04 Initial Review of the Preliminary Plat by the Building Commissioner. Following the receipt of the preliminary plat, other required materials and the written application, and the application fee by the Building Commissioner, the applicant shall have thirty (30) days to complete the requirements listed herein, if necessary. When the applicant states in writing that he has fulfilled the requirements, the Building Commissioner shall, within thirty (30) days, review the preliminary plat and related materials solely for the purpose of determining whether to allow the preliminary plat to be formally filed with the Commission. If the materials submitted by the applicant do not comply with the Ordinance, the Building Commissioner shall inform the applicant, in writing, of the deficiencies in his materials and shall extend the time period allowed for submission. Unless and

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

until the Building Commissioner formally accepts a preliminary plat for filing, it shall not be considered as actually filed for the purposes of proceeding to the succeeding steps toward final plat approval as hereinafter set forth. The application is formally filed when it is placed upon the Commission agenda by the Building Commissioner, according to the Commission Rules of Procedure currently in effect.

5.01.05 The Meaning of Filing. The filing of a preliminary plat approval request grants no proprietary rights to the applicant in the proposed subdivision and in no way is binding upon the Commission as to what terms and conditions will apply before secondary plat approval is granted, if any, it being the purpose of such preliminary data and drawings to advise both the Commission and the interested public as to what the applicant or subdivider is proposing in order to appropriately hold a public hearing on the proposed subdivision.

5.01.06 Public Hearing. Once the Building Commissioner has accepted and filed an application and preliminary plat, the Commission or its delegate shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Commission. The applicant shall be responsible for providing legal notice to all interested parties and property owners as required by the Rules of Procedure of the Commission. The minimum time period for the giving of the notice shall be at least twenty-five (25) days prior to the initial hearing date. The conduct of the Public Hearing shall be in accordance with the Commission's Rules of Procedure. Following the public hearing, the plat is to be reviewed by the Commission.

5.01.07 Approval or Disapproval of the Preliminary Plat. Following the public hearing of the preliminary plat the Commission, within forty-five (45) days of the date of the public hearing, shall notify the applicant in writing, of any further changes in the preliminary plat which are required or should have consideration before approval of the preliminary plat may be given. This may include a review of the proposed plat by the Building Commissioner's Technical Advisory Committee.

When the required changes and considerations are incorporated into the preliminary plat, the Commission shall then approve or disapprove the preliminary plat. If the Commission disapproves the preliminary plat, it shall set forth the reasons for such disapproval in its own records and shall provide the applicant with a copy of such reasons. In determining whether an application for approval shall be granted, the Commission shall consider generally if the plat provides for: coordination of subdivision streets with existing and planned streets or highways; coordination with, and extension of, facilities included in the Comprehensive Plan; establishment of minimum width, depth, and area of lots within the proposed subdivision; distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience and the harmonious development of the city or county; fair allocations of areas for streets, parks, schools, public and semi-public buildings, homes, utilities, business and industry; and other relevant factors. The Building Commissioner shall notify the applicant in writing of the approval or disapproval of the preliminary plat, and if approved, inform the applicant that he may proceed with the final plat and the construction plans.

5.01.08 The Meaning of Approval. Approval of a preliminary plat shall not constitute approval of the final plat. It shall be deemed as an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

5.01.09 The Final Plat – Generally. The final plat shall conform to the preliminary plat as approved and may include all, or only a part, of the preliminary plat which has received approval and shall conform to all of the requirements for final plat as hereinafter set forth.

5.01.10 Application for Final Plat. Five (5), or more if necessary, copies of the final plat and of the construction plans, together with supporting documents, shall be submitted to the Building Commissioner with a written application and the application fee.

5.01.11 Initial Review of the Final Plat by the Building Commissioner. Following the receipt of the final plat, the construction plans, other required materials, the written application and the application fee by the Building Commissioner, the applicant shall have thirty (30) days to complete the requirements listed herein, if necessary. When the applicant states in writing that he has fulfilled his requirements, the Building Commissioner shall, within thirty (30) days, review the final plat, construction plans, and related materials solely for the purpose of determining whether the application is complete and whether it fulfills the requirements listed herein. If the materials submitted by the applicant are not complete or do not comply with the Ordinance, the Building Commissioner shall inform the applicant, in writing, of the deficiencies in his materials and shall extend the time period allowed for submission. When the Building Commissioner verifies completion and conformance with the technical terms of the Ordinance, he shall place the final plat application on the Commission agenda according to the Commission Rules of Procedure currently in effect.

5.01.12 Approval or Disapproval of the Final Plat. After submission of the final plat by the Building Commissioner to the Commission, the Commission shall review the final plat, construction plans and other materials. If any changes or other considerations in the final plat, construction plans, or other materials are required or requested by the Commission they shall so inform the applicant in writing. When the required changes and considerations are incorporated into the final plat, construction plans and other materials, the Commission shall then approve or disapprove the final plat and construction plans within forty-five (45) days of the receipt of amended material. If the Commission approves the final plat, it shall affix the Commission's seal upon the final plat, together with certifying signatures of the President and Secretary, following the receipt by the proper authorities of financial guarantee of all improvements and installations required. If the Commission disapproves the final plat, it shall set forth the reasons for such disapproval in its own records and shall provide the applicant with a copy of such reasons. The Building Commissioner shall notify the applicant in wiring of the approval or disapproval of the final plat, and if approved, inform the applicant that he may proceed with the construction of the subdivision following the recording of the final plat.

5.01.13 Recording the Final Plat. After the Commission has approved the final plat the subdivider shall file such plat for recordation in the office of the Recorder of Clark County, Indiana. The application and submission of the plat for approval shall, in and of itself, constitute an agreement on the part of the applicant that if the final plat is approved by the Commission, the applicant shall proceed to record the approved final plat within one year after the Commission grants such approval.

Failure to record the final plat within this period shall result in the approval being declared void by the Commission unless an extension is applied for and granted by the Commission. Following approval by the Commission and the recording of the final plat, the applicant shall provide the Commission with a reproducible copy of the final plat and accompanying covenants and including certification and signatures of the Commission and of the Recorder of Clark County, Indiana.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

5.01.14 Commencing Construction of the Final Plat. Any person, to whom approval is granted final plat approval for a subdivision, who fails to commence construction within eighteen (18) months after such approval has been granted, shall, within thirty (30) days after said eighteen (18) month period, be required to show good cause to the Commission through the Building Commissioner why said approval should not be revoked by the Commission. A failure to show good cause as herein required shall result in the automatic revocation of such approval at the termination of the thirty (30) day period set forth above. The application and submission of a plat for approval shall, in and of itself, constitute an agreement on the part of the applicant that should construction not begin within said eighteen (18) month period and upon notice to the person granted plat approval, the Building Commissioner may be empowered by the Commission to revert and record the tract given plat approval, as it was recorded prior to the revoked plat application.

5.01.15 Simultaneous Filings. The subdivider may file both preliminary plat and final plat simultaneously as long as proper plans and documents are also filed.

5.02

Requirements for Preliminary Plat.

The intent of the preliminary plat and accompanying data is not to provide final design information on the various items required herein, but to provide general information of a conceptual nature. No land shall be subdivided unless adequate access to the land over improved streets or thoroughfares exists or shall be provided by the subdivider. Subdivision of land shall be such that it will not cause harm to the health, safety or welfare of present and/or potential residents and the community as a whole due to poor drainage or flooding, soil conditions, topography or any other feature deemed harmful. The owner or subdivider shall submit five (5) copies, or more as needed, of the preliminary plat. The preliminary plat shall be drawn at a scale of fifty feet to one inch (1” = 50’) or 100 feet to one inch (1” = 100’); provided, however, that if the resulting drawings would be over thirty-six (36) inches in the shortest dimension, a scale as recommended by the Building Commissioner may be used. The preliminary plat shall show: 5.02.01 The proposed name of the subdivision followed by the words "Preliminary Plat", the date of submission or latest revision, the name of the subdivision designer, the present zoning classification and the total acreage of the plat.

5.02.02 Names, addresses and telephone numbers of the owner, subdivider and Professional Land Surveyor who prepared the plat.

5.02.03 The approximate location of existing and proposed streets and rights-of-way, on and adjoining the proposed subdivision, showing the names (which shall not duplicate other names of streets in the community), roadway widths and right-of-way widths.

5.02.04 The approximate location and widths of all existing and proposed easements, indicating their use for drainage or utilities (water, sanitary sewer, storm sewer, electric, telephone, gas, street lights, cable television, and/or legal drains).

5.02.05 The approximate location, size and capacity of utilities to be installed including water, sanitary sewage and storm drainage facilities. The general location of septic tanks and wells, if used, shall be shown on the preliminary plat. The minimum information on the plat shall include:

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

1.

2.

3.

Location of proposed sanitary sewers with connection to the main sewer system, lift stations, if any, and other appurtenances if any.

Location of water mains, hydrants, and other appurtenances.

Location of proposed methods of drainage. If a storm sewer or similar type of system is used, show connection into stream, retention reservoir, etc.; distance to stream outlet; lift stations, if any; approximate size; approximate location; manholes, if any; inlets; junction boxes and other necessary appurtenances. If surface drainage is planned -- roadside ditches, swales, grassed waterways, water courses, open ditches, roll curb and gutter sections -show location of said type; location and approximate size of road culverts; and location and typical cross-section of grades, swales, waterways, roadside ditches and open ditches, if applicable. If subsurface drain tile is planned, show location, connection to storm sewer, outlet in open drain or retention reservoir, or other adequate outlet. Subsurface drains shall not outlet into curbs or shallow swales. The direction of the flow of the stormwater in swales, curbs, open ditches, tiles and the like shall be shown.

5.02.06 The layout of lots, showing the dimensions and lot numbers, and the approximate square footage area on non-rectangular lots.

5.02.07 Parcels of land proposed to be dedicated or reserved for public schools, parks, playgrounds or other public use, private recreational facilities for use of the people within the subdivision, and other areas to be used for community purposes.

5.02.08 Contours at vertical intervals of one (1) foot if the general slope of the proposed subdivision is less than three percent (3%), of two (2) feet if the general slope of the proposed subdivision is three percent (3%) or more and less than ten percent (10%) or five (5) feet if the general slope is ten percent (10%) or more. All benchmark references shall be based on National Geodetic Vertical Datum of 1988.

5.02.09 Approximate tract boundary lines showing dimensions, angles bearings, existing monuments, existing markers, reference corners and benchmarks. All subdivision legal descriptions shall begin at a corner of the Illinois Grant to Clark County or an existing subdivision corner of Town Plat corner.

5.02.10 Indicate the location of flood plains as established by FEMA and/or cited in the Zoning Ordinance.

5.02.11 Building setback lines.

5.02.12 Where appropriate or required by the Zoning Ordinance, an indication of the general location of existing and proposed trees, shrubbery and screening materials.

5.02.13 Legends and notes, a summary of the number of lots, total acreage within the subdivision and the zoning classification.

5.02.14 Graphic scale and north arrow.

5.02.15 Other features or conditions shall be shown on the preliminary plat that would affect the subdivision favorably or adversely.

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5.03

Requirements for Preliminary Supporting Data.

The owner or subdivider shall submit two (2) copies, or more as needed, of the following data, which shall be supportive of the preliminary plat: 5.03.01 An area location map at a scale of 1" = 500'. The map shall show the proposed subdivision and surrounding area. The area location map may be prepared on an existing base map and shall show the following: 1.

2.

3.

4.

5.

6.

The outline of the proposed subdivision, its name and location; Existing adjacent uses; Existing adjacent zoning classifications and proposed uses; Any thoroughfares directly related to the proposed subdivision; Watershed boundaries, number of acres within each watershed involved and the general overland flow pattern; and The title of the area location map, its scale, north arrow, the date the information was placed on the map and the date the base map was prepared.

5.03.02 The owner or subdivider shall submit a brief written report indicating the manner in which the proposed subdivision is coordinated with the Comprehensive Plan and its provisions; specifically, with relation to the requirements of the thoroughfare, school and recreation sites, shopping centers, community facilities, sanitation, water supply and drainage, and other developments existing and proposed in the vicinity.

5.03.03 Service reports or statements, as necessary may include but not be limited to the following sources: police or sheriff departments; fire department; water and sanitary sewer utilities; electric, gas and telephone utilities; city, county or state highway department; Charlestown/Greater Clark County Schools; Clark County Health Department; Clark County Surveyor, Drainage Board and Board of Commissioners; Clark County Soil and Water Conservation District office; Indiana Natural Resources Commission; Charlestown Board of Public Works; and Building Commissioner.

5.03.04 A brief report describing the water system, sanitary sewer system and storm drainage system. This report should state the source of water, the expected water consumption, method of distribution within the subdivision and any special problems. The proposed sanitary collection system should be reviewed, total estimated effluent determined, and any special problems identified.

The report should cover the flooding potential of the proposed subdivision and should include the design of the storm water system that would accommodate a twenty-five-year storm, the pad elevations necessary to keep all buildings above the one hundred-year flood level, the expected impact of the proposed subdivision's storm water runoff on any receiving stream or downstream property and the approximate location, size and capacity of any retention basins to be located in or directly affecting the proposed subdivision.

5.03.05 A statement from the State Highway Department, or City Street Department concerning rights-of-way, road improvements, roadside improvements, roadside drainage, entrances, culvert pipes and other specifications deemed necessary by the Commission or State Highway, County Highway or City Street Department. The condition of the existing roadway and its suitability to handle its proposed traffic must be specified.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

5.03.06 A soils map, and its accompanying report from the Clark County Soil and Water Conservation District office, showing the soil limitations based upon the intended usage of the land for the proposed subdivision.

5.03.07 A description of the protective covenants or private restrictions to be incorporated in the plat of the subdivision shall be provided.

5.03.08 An application shall be prepared, the form to be supplied by the Building Commissioner and shall be accompanied by a certified check or money order in the amount of fee specified in the Zoning Ordinance.

5.03.09 An erosion control plan and statement setting forth the method of controlling erosion and sedimentation before, during and following development and construction, i.e., temporary seeding, sediment detention basins, erosion prevention devices and other similar means that meet the Clark County Soil and Water Conservation District guidelines.

5.03.10 Submit a letter to the Charlestown Board of Public Works or other appropriate authorities stating the number of proposed water hookups, sanitary sewer hookups, etc., requested for the proposed subdivision.

5.04

Requirements for Final Plat.

The final plat may include all or only a part of the preliminary plat which has received Commission approval. If the final plat is presented in sections for approval, then the applicant shall provide a drawing of the plat of said section with all items included that are required for final plat approval.

The original drawing of the final plat shall be provided in a digital/electronic file format acceptable to the Commission along with five (5) copies, or more as needed, and shall be drawn to a scale of fifty (50) feet to one (1) inch. The final plat shall show: 5.04.01 Name of the subdivision, followed by the words "Final Plat" and the date of submission or latest revision.

5.04.02 Names, addresses and telephone numbers of the owner, subdivider and Professional Land Surveyor who prepared the plat with his signature, seal and the date on each page of the plat.

5.04.03 Accurate tract boundary lines showing dimensions, angles, bearings, existing monuments, existing markers, reference corners and benchmarks. All subdivision legal descriptions shall begin at a corner of the Illinois Grant to Clark County or an existing subdivision corner of Town Plat corner.

5.04.04 Source of title to the parcel of land to be subdivided as shown in the books of the Recorder of Clark County, Indiana as proof of ownership.

5.04.05 The accurate locations of all existing and proposed streets and rights-of-way on and adjoining the proposed subdivision showing the names (which shall not duplicate other names of streets in the community), right-of-way widths and roadway widths.

5.04.06 Complete curve notes for all curves included in the plat.

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5.04.07 Accurate dimensions, angles and bearings of all lots and other property or parcels of land to be dedicated or reserved for public, semi-public or community use within the proposed subdivision plus lot numbers.

5.04.08 Accurate location, type, material and size of all monuments and markers proposed.

5.04.09 Accurate locations and widths of all easements, indicating their use for drainage or utilities, and any limitations in such easements. These utility easements include, but are not limited to, water, gas, sanitary sewage, street lights, electric, telephone and cable television.

5.04.10 Building setback lines.

5.04.11 Scale and north arrow.

5.04.12 Legends and notes.

5.04.13 Certification of dedication of streets and other public property.

5.04.14 Registered Land Surveyor's certificate.

5.04.15 Certificate for approval by the Commission, which shall be on each and every page of the final plat.

5.04.16 Certificate of acceptance by the Charlestown Board of Public Works.

5.04.17 Restrictions of all types which will run with the land and become covenants in the deeds for the lots in the proposed subdivision.

5.04.18 The Subdivider Agreement Forms shall be completed and submitted with the final plat.

5.04.19 Other Certificates found herein as applicable to the subdivision.

5.05

Requirements for Final Supporting Data.

5.05.01 An application shall be prepared, the form to be supplied by the Building Commissioner, and shall be accompanied by a certified check or money order in the amount of fee specified.

5.05.02 The following statements or reports shall be provided, however, if there is no substantial change in the final plat from the preliminary plat, then the reports submitted with the preliminary plat is acceptable: 1.

Service reports or statements, as necessary, may include but not be limited to the following sources: police or sheriff's department; fire department; water and sanitary sewer utilities; electric, gas and telephone utilities; city, county or state highway departments; Greater Clark County Schools; Clark County Health Department, County Surveyor, Drainage Board and Board of Commissioners; Clark County Soil and Water Conservation District office; Indiana Natural Resources Commission; Charlestown Board of Public Works and Building Commissioner.

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14

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

2.

3.

4.

5.

6.

5.06

A brief report describing the water system, sanitary sewer system and storm drainage system. This report should state the source of water, the expected water consumption, method of distribution within the subdivision and any special problems. The proposed sanitary collection system should be reviewed, total estimated effluent determined and any special problems determined. The report should cover the flooding potential of the proposed subdivision and should include the design of the storm water system that would accommodate a twenty-five-year storm, the pad elevations necessary to keep all buildings above the one hundred-year flood level, the expected impact of the proposed subdivision's storm water runoff on any receiving stream or downstream property and the approximate location, size and capacity of any retention basins to be located in or directly affecting the proposed subdivision. Where legal drains are involved, comments, reports, recommendations and approvals, where necessary, from the Indiana Department of Natural Resources shall be included.

A statement from the State Highway Department, the County Highway Department or the City Street Department concerning rights-of-way, road improvements, roadside improvements, roadside drainage, entrances, culvert pipes and other specifications deemed necessary by the Commission or State Highway, County Highway or City Street Department. The condition of the existing roadway and its suitability to handle its proposed traffic must be specified.

A soils map, and its accompanying report from the Clark County Soil and Water Conservation District, showing the soil limitations based upon the intended usage of the land for the proposed subdivision.

An erosion control plan and statement setting forth the method of controlling erosion and sedimentation before, during and following development and construction, i.e., temporary seeding, sediment detention basins, erosion prevention devices and other similar means that meet the Clark County Soil and Water Conservation District guidelines for urban development.

A letter or other written statement from the Charlestown Board of Public Works or other appropriate authorities stating that said appropriate authority has capacity for the number of sanitary sewer and water hookups necessary to service the proposed subdivision.

Requirements for Construction Plan.

Following approval of the preliminary plat approval by the Commission, the subdivider shall, if he has not previously done so, submit five (5) copies, or more as needed, of the construction plans for the improvements to be installed in the subdivision in accordance with the provisions of this Ordinance. The construction plans shall be prepared by a Professional Engineer or Registered Land Surveyor, in accordance with State Statutes and licensed by the State of Indiana. Construction plans to be submitted shall include: 5.06.01 The proposed method of sewage disposal, with detailed plans and profiles of proposed sanitary sewers, with connections to the main sewer system. If such a central system is used, a statement from the appropriate sewage treatment authority that the plans, as proposed, are satisfactory. The proposed water supply and detailed plans and specifications of the water distribution system, providing a drawing indicating thereon the connections proposed to the public water supply.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

5.06.02 A drawing and construction plan indicating thereon the proposed method of drainage.

1.

2.

3.

If a storm sewer or similar type of system is used, provide details showing connection to the main system or method of disposition into stream, retention reservoir, etc., distance to stream outlet, locations and sizes of lift stations, manholes, inlets, junction boxes and other necessary appurtenances.

If surface drainage is used, show roadside ditches, swales, grassed waterways, watercourses, open ditches, roll curb and gutter sections and road culverts. Details to be shown should include, as necessary, type, location, size, typical cross-sections, depths, grades, profiles and other information as to the adequacy of the outlet drain or detention reservoir. Show off-site drainage swales, ditches and any other facilities that discharge onto the site of the proposed subdivision.

The elevations at each corner of every lot and a minimum house pad elevation.

5.06.04 Detailed plans, profiles, cross-sections and specifications of streets within the adjoining and proposed subdivision, including roadway widths, pavement widths, rights-of-way, construction gradients, types and widths of pavement, curbs, gutters, sidewalks, crosswalks, entrance detail and other pertinent data. Street names shall be cited on the various plans.

5.06.05 Detailed plans of the proposed street lighting system showing locations, type, wattage, height, easements, wiring location if the lights are not to be installed at the time of construction of the subdivision, etc. Final decision on street lighting installation shall be made by the Charlestown Board of Public Works or other appropriate authorities.

5.06.06 Detailed plan of the water distribution system and their easements.

5.06.07 Detailed plan of the proposed landscape plan, where required, showing location, size, kind, etc., of existing and proposed trees, shrubbery and screening materials.

5.07

Provisions for Financial Performance and Maintenance Guarantees for Subdivisions.

As a prerequisite to final plat approval, the subdivider shall agree to provide financial performance and maintenance guarantees for public facility improvements and installations to be constructed in and, as necessary for proper connection and system coordination, adjoining the proposed subdivision. The public facility improvements and installations shall include streets (base and paving, individually), curbs and gutters, sidewalks, storm water drain and storm sewer systems, sanitary sewer systems, water supply systems, street name signs, monuments and markers and the various appurtenances related thereto. All construction shall be according to plans submitted as portion of final plat and accompanying data, subject to standards and specifications cited herein.

Non-public facility improvements and installations shall be subject to financial guarantees established by their ownership.

5.07.01 Performance Guarantee. Prior to or at the time of final plat approval, the subdivider shall be required to provide financial performance guarantee, by certified check, performance bond, or any irrevocable, unconditional, acceptable letter of credit issued by a financial institution acceptable to the Plan Commission, that all public facility improvements and installations required under the provisions of this ordinance shall be completed. Bonds, checks, and letters are to be in favor of to the City of Charlestown. Said financial performance guarantee shall be conditioned upon the following:

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

1.

2.

3.

4.

The completion of public facility improvements and installations shall be within two (2) years from the recording of the final plat; A penal sum shall be fixed and approved by the Commission equal to one hundred percent (100%) of the total estimated current cost to the city or county of all public facility improvements and installations provided in the final plat and accompanying data according to specifications cited herein; Each public facility improvement or installation provided in the final plat or accompanying data shall be bonded individually, or shall have an individual certified check or letter of credit to cover the penal sum, and shall not have the performance guarantee provided in combination with any of the other public facility improvements and installations.

The performance bond, certified check, or letter of credit shall be issued in the name of the owner, developer, contractor or other responsible party as determined by the Plan Commissioner.

5.07.02 Extension of Completion Time and Non-Performance.

1.

2.

Should the subdivider not complete the public facility improvements and installations as herein required within the stated two (2) year period, the Building Commissioner may approve an extension of time of up to two (2) additional years, granted at six (6) month intervals, for completion of the required public facility improvements and installations.

Should the subdivider not complete the public facility improvements and installations as herein required within the two (2) year period or within any time extension approved by the Building Commissioner, the proper authorities may take the necessary steps to proceed with the completion of the public facility improvements and installations, making use of the certified check, performance bond or letter of credit.

5.07.03 Release of Performance Guarantee. Upon the completion of the required public facility improvements and installations according to the recorded secondary plat, approved development plans, accompanying data and the standards cited herein, the subdivider shall provide two (2) sets of as-built drawings showing all site improvements, including but not limited to drainage and sewerage systems, water distribution systems, signs, and monuments as they were constructed and installed, and including certificates by a Professional Engineer or Land Surveyor that all improvements were installed as shown and in conformance with this Ordinance and all applicable standards and requirements of the appropriate governmental jurisdictions. The subdivider may then request the release of the performance guarantee posted with the proper authority. Upon the receipt of a maintenance guarantee, as specified herein, the proper authority shall release the performance guarantee within sixty (60) days. The performance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their performance guarantees.

5.07.04 Maintenance Guarantee. Prior to the release of the performance guarantee, the subdivider shall be required to provide financial maintenance guarantee, by certified check or maintenance bond, that all public facility improvements and installations required under the provisions of this Ordinance shall be maintained according to specifications cited herein. Bonds and checks are to be in favor of the City of Charlestown. Said financial maintenance guarantee shall be conditioned upon the following:

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

1.

2.

3.

4.

The maintenance guarantee shall run and be in force for a period of three (3) years from the date of release of the performance guarantees.

A penal sum shall be fixed and approved by the Commission but in no case shall the penal sum be less than fifteen percent (15%) of the total performance guarantee for streets and ten percent (10%) of the performance guarantee for all other public facility improvements and installations. The minimum maintenance guarantees to be posted for streets shall be no less than $5,000.00.

Each public facility improvement or installation shall be bonded individually, or shall have no individual certified check to cover the penal sum, and shall not have the maintenance guarantee provided in combination with any of the other public facility improvements and installations.

The maintenance bond shall be issued in the subdivider's name alone or in the name of the subdivider and his subcontractor as co-signers. All certified checks provided for financial maintenance guarantee shall be signed by the subdivider alone.

5.07.05 Release of Maintenance Guarantee. All maintenance bonds shall expire at the end of the three-year period for which they were established. Within sixty (60) days of the expiration date, the proper authority shall return said expired maintenance bonds to the subdivider. In the case where a certified check has been posted as a maintenance guarantee, the subdivider shall, at the end of the three-year maintenance period, contact the proper authority in order to obtain the release of the maintenance guarantee. The proper authority shall return said maintenance guarantee to the subdivider within sixty (60) days. The maintenance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their maintenance guarantees.

CHAPTER 5: PROCEDURES FOR SUBDIVISIONS

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CHAPTER SIX:

Standards of Design

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE CHAPTER 6: STANDARDS OF DESIGN 6.00 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.00

Standards of Design.

General Requirements.

Suitability of Land.

Street Layout and Design Standards.

Blocks.

Lots.

Easements.

Building Setback Lines.

Standards of Design.

The Final Plat of the subdivision shall conform to the following principles and standards of design:

6.01 General Requirements.

6.01.01 The subdivision layout shall conform in all essential respects with the City of Charlestown Zoning Ordinance, as amended, and elements of the adopted Comprehensive Plan for the City of Charlestown, Indiana and its jurisdiction.

6.01.02 The subdivision layout shall be in full compliance with the provisions of the zoning districts in which it is located and the provisions of the Zoning Ordinance.

6.01.03 The subdivision layout shall be designed in accordance with the principles and standards contained in this Ordinance with the objective of achieving the most advantageous development of the subdivision and adjoining areas.

6.02 Suitability of Land.

6.02.01 Land subject to periodic flooding shall not be subdivided for residential occupancy nor for any other use which might involve danger to health, life or property or aggravate the flood hazard, and such land within any proposed subdivision shall be reserved for uses which will not be endangered by periodic or occasional inundation. Land subject to periodic flooding as determined by FEMA may be subdivided subject to reports, recommendations and approvals from the Indiana Department of Natural Resources and other regulatory agencies having jurisdiction.

6.03

Street Layout and Design Standards.

6.03.01 The street and alley layout shall provide access to all lots and parcels of land within the subdivision, and where streets cross other streets, jogs shall be created only where essential and appropriate. Street jogs with centerline offsets of less than one hundred fifty (150) feet shall not be permitted.

6.03.02 Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient in accordance with the following section 6.01.15.

6.03.03 Certain proposed streets, where appropriate, shall be extended to the boundary line of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity. Consideration shall be given to providing access to adjacent, underdeveloped tracts of ground, including temporary vehicle turnarounds where streets are extended to a tract boundary line.

CHAPTER 6: STANDARDS OF DESIGN

19

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 6.03.04 Proposed streets in the subdivision shall provide for the continuation of existing, planned, or platted streets on adjacent tracts, unless such continuation shall be prevented due to topography or other physical condition, or unless such extension is found by the Commission to be unnecessary for the coordination of development between the subdivision and such adjacent tract.

6.03.05 Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley to the prescribed width shall be platted within the proposed subdivision.

6.03.06 Minimum rights-of-way and roadway widths for streets shall conform to the Charlestown Comprehensive Plan and Thoroughfare Plan, as amended.

6.03.07 Cul-de-sac streets shall not exceed six hundred (600) feet in length. All cul-de-sacs shall terminate in a circular right-of way with a minimum diameter of one hundred (100) feet and a minimum pavement diameter of seventy-six (76) feet, or other approved arrangement for the turning of all vehicles conveniently within the right-of-way. Where cul-de-sac streets extend from another cul-de-sac or dead-end street, the total length of both streets shall not exceed six hundred (600) feet.

6.03.08 The centerline of streets should intersect as nearly at right angles as possible, but not less than at seventy-five degrees (75°).

6.03.09 At intersections of streets and/or streets and alleys; property line corners shall be rounded by arcs of at least twenty (20) feet radii or by chords of such arcs.

6.03.10 If the smaller angle of intersection of two (2) streets is less than ninety degrees (90°), the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Commission.

6.03.11 Intersections of more than two (2) streets at one point shall not be permitted.

6.03.12 Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way or a highway designed as a Limited Access Highway by the appropriate highway authorities, provision shall be made for a frontage road or a parallel street at a distance acceptable for the appropriate use of the land between the highway or railroad and such streets.

6.03.13 Curvature measured along the centerline shall have a minimum radius as follows: 1.

2.

3.

4.

Arterial Streets: five hundred (500) feet Feeder Streets and Parkways: four hundred (400) feet Residential Streets: one hundred fifty (150) feet Cul-de-sac: one hundred (100) feet

6.03.14 Between reversed curves on streets, there shall be a tangent of not less than one hundred (100) feet on streets with a right-of-way greater than fifty (50) feet. The minimum tangent shall be fifty (50) feet on streets with a right-of-way of fifty (50) feet or less and that are 1,250 feet or more in length from intersection to intersection or from intersection to the center point of the circle terminating a cul-de-sac or cul-de-loop.

There shall be no minimum tangent on streets with a right-of-way of fifty (50) feet or less and that are less than 1,250 feet in length.

6.03.15 Maximum Grades for streets shall be as follows: 1.

Arterial Streets: not greater than six percent (6%).

CHAPTER 6: STANDARDS OF DESIGN

20

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 2.

3.

Feeder and Residential Streets and Alleys: not greater than eight percent (8%).

Cul-de-sac within the turning area: not greater than three percent (3%).

6.03.16 Minimum street grade shall be 0.50 percent (1/2%).

6.03.17 Access to Arterials, Parkways, and Collectors. Where the Subdivision abuts or contains a major arterial, parkway, or collector as designated in the thoroughfare section of the Comprehensive Plan, the Commission shall require that measures be taken to reduce the impact of heavy traffic on the residential lots fronting upon such a thoroughfare, and to afford separation of through and local traffic, through one of the following means: 1.

2.

3.

4.

By providing vehicular access to such lots by means of a frontage road separated from the thoroughfare right-of-way by a planting strip at least twenty (20) feet in width and connecting therewith at infrequent intervals.

By providing vehicular access to such lots by means of a residential alley running along the rear lot lines of the lots to be served and with vehicular access to such lots from the thoroughfare prohibited by means of a non-access easement at least five (5) feet in width running alongside the thoroughfare right-of-way.

By designing lots having access only from a parallel local street or cul-de-sac, and with vehicular access to such lots from the thoroughfare prohibited by means of a non-access easement at least five (5) feet in width running alongside the thoroughfare.

By designing lots so they are located not less than two-hundred (200) feet from a major arterial, parkway, or collector thoroughfare and in compliance with section 7.06 of the Subdivision Control Ordinance, pertaining to Standards for Natural Open Space.

The recommendation of the most appropriate method of accomplishing the desired purpose in a specific instance shall be made by the developer and the final decision made by the Commission after giving consideration to topography and other physical conditions, the character of existing and contemplated development in the subdivision and its surroundings, and other pertinent factors.

6.03.18 There shall be no private streets platted in any residential subdivision and every residential subdivided property shall be served from a publicly dedicated street. Streets in commercial or industrial subdivisions shall be reviewed so that proper provisions are made for maintenance and access. A petition for public dedication of private streets at some future time shall not be granted until said streets are upgraded to the then-current specifications and standards for like public streets, with the upgrading cost to be borne by the petitioners. A waiver to allow private streets shall be considered only if the following criteria are met: 1.

2.

3.

4.

5.

6.

7.

8.

Street must offer no feasible "through" links for the surrounding transportation network and function as a local street.

Street may not utilize hammerhead street designs.

Street cannot obstruct any future connections identified in the Comprehensive Plan.

Auxiliary lanes (acceleration / deceleration lanes and passing blister) must be provided at the entrance to the street.

All interior street improvements must be designed and installed according to City standards; including right-of-way width, storm drainage, curb and gutter, pavement widths, sub-surface drains, sidewalks, and driveway cuts.

A demonstrated financial guarantee that the home owners' association will budget for the maintenance and upkeep of all street improvements.

All adjacent pedestrian path stubs must connect. Pedestrian paths must be dedicated or platted in easements to allow public ingress/egress The following condition of approval is required for any waiver request to permit a private street:

CHAPTER 6: STANDARDS OF DESIGN

21

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.

If and when the City is petitioned to take over the private street, said street must be improved to the current governing City standards as determined by the Board of Public Works and Safety prior to acceptance.

6.03.19 Subdivisions consisting of fifteen (15) lots or more shall have at least two (2) points of access. This access is to be from a through street (feeder, arterial, or collector) or, where the Commission finds it to be appropriate, the continuation of existing, planned or platted streets on adjacent tracts, or the extension of proposed streets to the boundary of the subdivision.

6.03.20 Where subdivision access is from a primary or secondary thoroughfare, or a collector street, acceleration/deceleration lanes shall be provided at each intersection per the following chart:

Functional Classification:

Preliminary Thoroughfare Secondary Thoroughfare Collector Street

Controlling Dimensions: (Feet): A B C 250 100 150 250 100 150 100 100 100

100 80 60

6.03.21 Where a cul-de-sac or single outlet subdivision outlets onto a primary or secondary thoroughfare or collector street, wider street widths and longer acceleration/deceleration lanes than the above minimum requirements may be required by the Commission; based on the standards established in the American Association of State Highway Engineers Manual.

6.03.22 Alleys. Alleys shall conform to the following design requirements: 1.

2.

3.

4.

5.

6.

Width. a. Residential: b. Commercial:

Twelve (12) feet in pavement width.

Sixteen (16) feet in pavement width.

Easement or Right-of-Way Width. a. Residential: Sixteen (16) feet. b. Commercial: Twenty (20) feet.

Length. Alleys shall not exceed six hundred (600) feet in length for any given block.

Terminal Points. Alleys shall terminate at streets.

Alignment. Where alleys exist on two (2) or more adjacent blocks, they shall be made to align with one another.

Parking. Alley parking shall be restricted to garages and paved areas adjacent to garages. On-alley parking shall be prohibited.

CHAPTER 6: STANDARDS OF DESIGN

22

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 7.

Design Standard. Alleys shall be developed as fully paved, uncurbed surfaces built in accordance with the standards of the City of Charlestown as prescribed by the City Engineer.

6.03.23 Gates. Gates to private streets shall be permitted only when the following criteria are met: 1. Public pedestrian and bike access to & through the site must be provided without obstruction.

2. Minimum of sixty (60) feet of stacking area shall be provided outside the gate. Stacking area can not be within the Thoroughfare Plan right of way.

3. Turnaround area with adequate turning radius must be provided (the design vehicle for the turnaround area should be a passenger vehicle.) Turnaround and gate must be located outside of the Thoroughfare Plan right-of-way.

4. School bus pick-up area must be provided.

5. Gate and associated structures must be of high quality materials and construction.

6. Walls or other enclosures must be landscaped and designed with human-scale articulation along their exterior perimeters.

7. Perimeter wall height shall be as approved by the Commission.

8. Emergency response access to the development must be provided and approved by all City public safety departments.

9. Access to other City or County departments must be provided for official business, including, but not limited to building inspections, code enforcement inspections and inspections for tax assessment purposes.

10. Gates must have no overhead obstructions.

11. Power must be supplied to the gates at all times.

6.03.24 Walls. Subdivision entry and perimeter walls are permitted; however, no wall or fence which abuts an arterial, parkway or collector roadway shall be constructed primarily of wood. All walls abutting arterial, parkway or collector roadways shall be reviewed and approved by the Commission.

6.04

Blocks.

6.04.01 Blocks should not exceed one thousand five hundred (1,500) feet in length, or be less than two hundred fifty (250) feet in length between the right-of-way lines. In any residential block more than eight hundred (800) feet in length, a painted crosswalk of not less than ten (10) feet in width may be required where necessary to provide convenient access to schools, playgrounds, shopping centers and other community facilities.

6.04.02 Blocks shall be of sufficient width to permit two (2) tiers of lots of appropriate depth, except where an interior street parallels a Limited Access Highway, a Railroad Right-of-way, or a waterway.

6.05

Lots.

6.05.01 All lots shall abut and have access to a street; said lots each having a minimum frontage at the street right-of-way of fifty (50) feet. The required lot width cited in the Zoning Ordinance shall be at the building setback line.

6.05.02 Sidelines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots should be avoided.

6.05.03 Double frontage lots (through lots) shall not be platted, except that where required along an arterial street, parkway, or collector, the principal structure shall face such thoroughfares. In that event a non-access easement, at least twenty (20) feet in width, shall be provided along the front of the lot.

CHAPTER 6: STANDARDS OF DESIGN

23

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 6.05.04 Widths and areas of lots shall be not less than that provided in the Zoning Ordinance for singlefamily dwellings for the district in which the subdivision is located, except that when a water main supply system or a sanitary sewer or storm sewer are not available the lot area necessary to install a private water supply or private sewage disposal on the lot in accordance with the Zoning Ordinance regulations shall become the required minimum lot area.

6.05.05 Corner residential lots shall be wider and larger than interior lots in order to permit appropriate building setbacks from both streets.

6.05.06 Wherever possible, planned and coordinated commercial and industrial complexes, based upon sound development standards, should be designed in contrast to the platting of lots for individual commercial and industrial uses.

6.05.07 Where lots are located adjacent to arterial, parkway, or collector streets as designated in the thoroughfare section of the Comprehensive Plan, dwellings on such lots shall face such thoroughfares.

6.05.08 Perimeter Lots. When perimeter lots within qualifying subdivisions abut an existing subdivision, they shall comply with one or more of the following requirements: 1.

2.

6.06

They shall match the minimum lot area, width and setback requirements that applied to the adjoining subdivision(s), or; They shall be separated from adjoining subdivisions through use of project open space.

Easements.

6.06.01 Where alleys are not provided, easements for utilities shall be provided. Such easements shall have minimum widths of twenty (20) feet and where located along lot lines, one-half (1/2) of the width shall be taken from each lot. Lots on the outside perimeter of a subdivision, where lots do not abut another subdivision, shall provide an easement fifteen (15) feet in width. Before determining the location of easements the plan shall be discussed with the local public utility companies to assure their proper placing for the installation of such services.

6.06.02 Where a proposed subdivision is traversed by any stream, watercourse, or drainageway, the subdivider shall make adequate provision for the proper drainage of surface water, including the provision of easements along such streams, watercourses, and drainage-ways, in accordance with the standards established by the City.

6.06.03 Utility easements in private rights-of-way or in common use recreation areas may be constructed in any easements, except in a drainage easement where they would cause an obstruction to a watercourse or to a flow of water. Fences located in easements are subject to removal by persons properly authorized to use said easement.

6.07

Building Setback Lines.

Building setback lines shall be as provided in the Zoning Ordinance.

6.08

Roadways and Streets 6.08.01 Roadways shall conform the design standards, material, and construction specifications of the Indiana Department of Transportation and the Uniform Manual for Traffic Control Devices. All roadways shall conform to the minimum design elements depicted on the graphic at the end of this Chapter.

CHAPTER 6: STANDARDS OF DESIGN

24

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 6.08.02 Street Lights 1. The Subdivider shall provide the Subdivision with street lights to be installed at Subdivision entrance to perimeter streets, street intersections throughout the Subdivision and spaced at intervals no greater than six hundred (600), linear feet and not less than three hundred (300), linear feet along a street.

2. Street lighting plan shall be submitted for review and approval to the applicable electric utility prior to the review and approval by the Plan Commission as a part of the submittal of a Preliminary Plat.

3. The Subdivider shall be responsible for the up-front payment to the applicable utility of all capitol costs associated with the purchase and installation of street lights. Ongoing maintenance costs including, but not limited to, bulb replacement, ballast replacement and painting charged by the applicable utility associated with street lights shall be the responsibility of either the Subdivider or said costs shall be assigned to a homeowners’ association by the Subdivider when development is complete, as appropriate. Should painting/repainting not be included under a maintenance agreement with the applicable utility, the Subdivider or homeowners’ association shall be responsible for said repairs with the approval of the applicable utility and the City of Charlestown.

The City of Charlestown shall be responsible only for the energy/electric bills for the operation of the Street lights.

4. In the event that a street light is damaged beyond repair, or has reached the end of its useful life, the City of Charlestown shall replace the light with a standard pole-mounted gooseneck/cobra arm light assembly. Should the Subdivider or homeowners’ association, as applicable authority, decide that a non-standard or other decorative replacement is preferred, the Subdivider or homeowners’ association shall be responsible for reimbursing the City of Charlestown the additional costs, if any, for the purchase and installation of a non-standard replacement over and above the purchase and installation cost of a standard pole-mounted gooseneck/cobra arm light assembly.

5. Street lights shall be pole mounted, either standard gooseneck/cobra arm with luminaire on pole or decorative post and luminaire, and shall conform to the installation specifications of the applicable electric utility.

6.08.03 Street Signs 1. The Subdivider shall be responsible for installing street signs at each street intersection throughout the Subdivision.

2. When the Subdivision contains private Streets, the Subdivider shall be required to post a Sign at the entrance of the Subdivision proclaiming the name of the Subdivision with the phrase "PRIVATE STREETS" placed directly below in letters of two (2) inches in height.

6.08.04 Street Landscaping Landscaping, in the form of street trees, shall be required along all streets within a Subdivision.

Landscaping along all Streets within a Subdivision shall consist of trees planted in accordance with one of the following alternatives: 1. If deciduous shade (overstory) trees are used, there shall be one (1) tree planted at a maximum of every forty (40) feet on center along all Streets within the Subdivision.

2. If deciduous ornamental (understory) trees are used, there shall be one (1) tree planted at a maximum of every twenty-five (25) feet on center of linear distance along all Streets within the Subdivision.

CHAPTER 6: STANDARDS OF DESIGN

25

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

CHAPTER 6: STANDARDS OF DESIGN

26

CHAPTER SEVEN:

Open Space Standards for Major Subdivisions

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE CHAPTER 7: OPEN SPACE STANDARDS FOR MAJOR SUBDIVISIONS 7.00

Subdivision Open Space Design.

7.01

Exemptions.

7.02

Subdivision Open Space Requirements.

7.03

Open Space Schedule.

7.04

General Standards for Open Space.

7.05

Open Space Priority Areas.

7.06

Standards for Natural Open Space.

7.07

Woodland Evaluation.

7.08

Standards for Agricultural Open Space.

7.09

Standards for Designed Open Space.

7.10

Standards for Conservancy Lots.

7.11

Permanent Protection Through Conservation Easements.

7.12

Ownership of Open Space and Common Facilities.

7.13

Maintenance.

EXHIBIT A: Open Space Schedule.

EXHIBIT B: Open Space Conservation Plan Preparation Guidelines.

7.00 Subdivision Open Space Design.

The Open Space Subdivision design approach has been adopted to encourage neighborhood open space within all Subdivisions. Open Space should be set aside for active or passive uses, and provide a network of open space. The open space requirements emphasize the protection of natural areas, such as flood zones and woodlands, but also allow for more structured open spaces, such as parks or squares, as well as for agricultural open space in the form of fields or pasture. Open space should be consistent with the goals, objectives and policies set forth in the Comprehensive Plan.

7.01 Subdivision Open Space Requirements.

All Subdivisions shall have a minimum of fifteen percent (15%) of the subdivision's gross site acreage devoted to open space as defined in this Chapter: 7.02 Open Space Schedule.

Together with the primary plat application, the applicant must submit an Open Space Schedule, noting the Open Space categories used and acreage of each. (Exhibit A.). Subdivision open space is divided into four (4) categories: Natural Open Space, Agricultural Open Space, Conservancy Lots, and Designed Open Space.

7.02.01 NATURAL OPEN SPACE. Natural Open Space includes all land areas set aside in a naturally occurring state, including priority conservation areas, used either: 1. for the purpose of passive neighborhood recreational use; 2. to protect scenic views; or 3. to minimize views of new development from existing roads.

7.02.02 AGRICULTURAL OPEN SPACE. Agricultural open space includes all land areas set aside for agricultural uses, including pastureland.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

7.02.03 CONSERVANCY LOTS. Conservancy Lots are intended to be used primarily as large lot residential uses which serve as a buffer and/or transition to pockets of low intensity, very low intensity, and residential estate subdivisions.

7.02.04 DESIGNED OPEN SPACE. Designed open space includes all land areas (other thanAgricutura1 and Natural Open Space) set aside or designed: 1.

2.

3.

for passive or active recreational use within neighborhood areas; to enhance views of new houses from existing roads; to act as neighborhood focal points.

7.03 General Standards for Open Space.

All subdivision open space that is set aside for common use, shall be designed using the standards set forth within each open space category, and per the general requirements below.

7.03.01 Any lot within a subdivision shall be located within a one thousand-foot (1,000') radius of Open Space to help ensure safe and convenient access to the greatest number of lots within the subdivision.

7.03.02 Open space must also be accessible for land management and emergency purposes.

7.03.03 Open space must be easily and permanently identifiable as open space through one or more of the following: maintenance practices, permanent signage, permanent monuments, paths or walks, walls, or low fencing.

7.03.04 Open space intended for active recreational use must be suitable for such use without posing interference with adjacent dwelling units, parking, driveways, and roads.

7.03.05 Open space shall be undivided by streets or alleys, except where necessary for proper traffic circulation.

7.03.06 Open space must be free of all structures, and buildings except for structures directly related to the purpose of the open space provided, such as swimming pools, clubhouses, gazebos, picnic shelters, band shelters, decks and bridges. However, the Commission may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within open space, provided that such facilities would not be detrimental to the usability of open space.

7.03.07 There shall be submitted an Open Space Conservation Plan as part of the Plat application.

The Open Space Conservation Plan shall address the intended use of project open space, and shall comply with the Commission Open Space Conservation Plan Guidelines (Exhibit B).

7.04 Open Space Priority Areas.

Open Space Priority Areas shall be protected to the extent indicated below, and may be utilized as project open space: 7.04.01 Public Wellhead Protection Areas representing a two hundred-foot (200') radius control area around the wellhead, shall be protected in their entirety.

7.04.02 The complete sealing of all lakes, ponds, or other water impoundment of any kind located within the one-year time of travel for any existing public wellhead. No lakes, ponds or other water impoundment of any kind shall be allowed within the two hundred-foot (200') radius of a public wellhead.

7.04.03 The proposed subdivision of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table, through careful planning of vegetation and land disturbance activities, and the placement of streets, buildings and impervious surfaces.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 7.04.04 All FEMA and IDNR 100-Year Floodway and Floodway Fringe Areas shall be preserved in their entirety, however: 1.

2.

Alterations to floodway and floodway fringe areas may occur pursuant to a Letter of Map Revision (LOMR) pursuant to the Federal Emergency Management Agency and Commission approval; Excavation, filling of earth or removal of native vegetation within one hundred-year (100-year) floodway fringe areas shall be prohibited, except as may be required by the Charlestown Board of Public Works and Safety.

7.04.05 Federal Jurisdictional Wetlands of one-quarter-acre (1/4-acre) or greater shall be preserved in their entirety, including a fifty-foot-wide (50') perimeter buffer area to insure their protection.

Wetland alterations may occur, however, pursuant to a mitigation plan approved by the Indiana Department of Environmental Management and the Commission.

7.04.06 Woodlands. Woodland areas that occur throughout Charlestown, are primarily associated with streams, ditches, wetlands, poor and erodible agricultural soils, and moderate to steep slopes.

Because of their resource values, all Mature Woodlands Young Woodlands and Scrub Woodlands on any tract proposed for subdivision shall be evaluated by the applicant and the Commission to determine the extent to which they shall be designated, partly or entirely, as Open Space.

7.04.07 Special Opportunity Corridors are linear, unbuildable areas subject to restrictions by major pipeline companies or public utilities. These corridors extend for long distances through Charlestown, and provide a tremendous opportunity for low-impact improvements such as multipurpose trails and landscaping. All Pipeline easements, and high voltage electrical transmission lines shall be set-aside and integrated into the overall subdivision design as project open space. As an Open Space Priority Area, the development of a linear trail system shall be a requirement for all new subdivisions.

7.05 Standards for Natural Open Space.

The following represent minimum standards to reduce adverse impacts on Natural Open Space.

7.05.01 Natural Open Space Areas are generally the preferred form of project open space, opportunities for Natural Open Space should be exhausted prior to implementation of other open space types.

7.05.02 Natural Open Space areas may be altered, but such alterations shall occur in accordance with the below standards.

7.05.03 Unless otherwise approved by the Commission, each Natural Open Space area must: 1.

2.

3.

Be a minimum area of one-half (1/2) acre; Have a minimum width of seventy-five (75) feet, and Have at least two (2) points of access.

7.06 Woodland Evaluation.

The evaluation of the tract's woodlands shall be undertaken by an arborist, landscape architect, horticulturist or another qualified professional, acceptable to the Commission. This evaluation shall be submitted as a written report, included with and supplemental to the plan.

7.06.01 Evaluation of Trees. The goal of woodland preservation is to ensure trees remain assets to the site for years to come. Single trees and woodlands that are preserved must meet the following minimum standards: 1.

2.

3.

4.

5.

A life expectancy of greater than ten (10) years.

The tree must be in good or better condition.

A relatively sound and solid trunk with no extensive decay.

No more than one major dead limb or several minor dead limbs.

No major insect or pathological problem.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 7.06.02 Woodland Protection Practices. Protecting the root zone is the most critical factor in tree preservation throughout the development process. Disturbance within this area directly affects tree survival. To protect root zones, the following standards apply: 1.

2.

3.

4.

5.

6.

7.

8.

When earthwork, grading, or construction activities are planned adjacent to Woodland open space, a limit of disturbance line shall be shown on the construction plans and the area(s) protected through installation of temporary fencing or other measures approved by the Commission. Such fencing (or other approved measures) shall be installed and identified through signage as a "Tree Preservation Zone" prior to commencing land disturbance, and remain throughout the period of construction.

The root zone of trees and woodlands shall include no less than the total area beneath the tree(s) canopy as defined by the farthest canopy of the tree(s) plus a five-foot wide (5') protective buffer.

Construction site activities such as parking, material storage, bury pits, concrete washout, etc., shall not be allowed within open space.

Grade changes adjacent to tree preservation zones shall not result in alteration to soil or drainage conditions that would adversely affect existing vegetation. Woodlands must be evaluated for flood tolerance, and storm water routed around those areas deemed intolerant of an increase of additional flow from urbanization.

Disturbed areas adjacent to tree preservation zones shall be mulched to provide additional protection to tree roots.

When digging trenches for utility lines or similar uses, disturbances to the root zones of woodland open space shall be prohibited. Underground tunneling or directional boring of utilities is required to protect woodland root zones.

Woodland clearing shall not be permitted prior to Secondary Plat approval.

The determination of sight distance clearances along roadways shall be made graphically, not by clearing woodlands on-site prior to Secondary Plat approval.

7.06.03 Afforestation and Reforestation. The replacement of trees in the Natural Open Space or tree preservation areas shall be determined on an Open Space Conservation Plan pursuant to the following: 1.

2.

3.

4.

The base planting unit shall be for each five hundred (500) square feet and include: a. one (1) shade tree b. four (4) whips c. twelve-inch (12") seedlings spaced on three-foot (3 ') centers.

Where specimen trees, stands of trees or woodlands within Natural Open Space or designated tree preservation zones have been irreparably damaged or illegally removed, a reforestation area shall be set aside, double in size of the damaged or cleared area, to be planted pursuant to the above standards.

A landscape buffer of native trees and shrubs is required adjacent to Woodland open space areas that have been opened up due to land clearing activity.

Tree species selected for replacement must be quality specimens and must be native to Southern Indiana.

7.07 Standards for Agricultural Open Space.

Agricultural Open Space shall be devoted to agricultural uses, including pastureland, or the raising of crops, and may include residences or facilities that are specifically needed to support an active, viable agricultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce offensive odors.

7.07.01 The minimum land area for Agricultural Open Space shall be five (5) acres.

7.07.02 Pastureland is land reserved for horses that are solely for recreational purposes.

7.07.03Agricultural Open Space may not consume more than one half (50%) of the SOSR.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 7.08 Standards for Designed Open Space.

Designed Open Space shall assume any one or more of the following forms; however, the Commission may consider and approve other forms not described in this section.

7.08.01 Squares. Squares are areas designed as neighborhood focal points and/or minor destination points for sitting or strolling and located at the intersection of neighborhood streets.

1.

2.

3.

Squares shall be no greater than ten-thousand (10,000) square feet, with a minimum width of seventy-five (75) feet.

Streets shall bound squares on at least two (2) sides.

Squares shall be improved with a combination of paved areas and landscaped areas, and should be furnished with benches, lighting, and other site details such as perennial gardens, shrub borders, birdbaths, and fountains.

7.08.02 Parks. Parks are open space areas designed specifically for, and equipped for, the play of small children.

1.

2.

3.

4.

Parks shall have a minimum area of ten-thousand (10,000) square feet, with a minimum average width of ninety (90) feet.

One (1) point of access is required for each twenty-five thousand (25,000) square feet, up to a maximum of three (3) points of access.

Park areas should be fenced and may include an open shelter.

Parks should be interspersed within neighborhoods, a short walking distance from dwellings.

7.08.03 Greens. Greens are medium sized open space areas that are designed for unstructured recreational use.

1.

2.

Greens shall be no less than forty-thousand (40,000) square feet in area, with a minimum average width of one hundred fifty (150) feet.

Greens shall be bound on three (3) sides by streets or house facades.

7.08.04 Boulevards. Boulevards are linear open spaces located within a public or private street and consist of: 1.

2.

3.

a linear street median, at least ten (10) feet wide; tree lawns along each side of the street, at least ten (10) feet wide, and planted in a formal manner with street trees located on consistent spacing; parallel multi-purpose pathways along each side, or, a multi-purpose pathway along one (1) side, and a sidewalk along the other. The minimum width for multi-purpose paths shall be ten (10) feet.

7.08.05 Greenbelts. Greenbelts are located along the perimeter of a neighborhood and adjacent to arterial streets or parkways. Greenbelts may be left natural or developed to provide for recreation opportunities. Minimum width: One hundred (100) feet.

7.08.06 Planting Strips. Planting Strips may contribute up to fifteen percent (15%) of the SOSR. 7.08.07 Trails. When a subdivision is traversed by or abuts a proposed or existing dedicated trail the applicant shall provide for its development and continuation, consistent with the maps and policies of the Comprehensive Plan per the construction and design specifications of the City of Charlestown; 1.

2.

If located outside of the street right-of-way, and upon private ground, the trail shall be placed within a conservation easement, a minimum of thirty (30) feet in width. The language of the conservation easement shall be to the satisfaction of the Commission upon recommendation of the Commission attorney.

No trail shall be designed with the intent to accommodate motorized vehicles.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 7.08.08 Paths. Paths shall generally be located within the undivided (common) Open Space lands.

In situations where paths must cross portions of house lots or conservancy lots, a permanent conservation and common access easement shall protect them.

1.

2.

The minimum width for the easement shall be fifteen (15) feet and shall have a length to width ratio of ten to one (10:1).

Paths shall be paved with an all-weather surface, (e.g. compacted stone, or hardwood mulch, or asphalt) not less than four (4) inches in depth, upon a compacted subgrade, and a minimum of five (5) feet in width.

7.08.09 Golf Courses. Golf Courses, excluding associated driving ranges or miniature golf facilities, may comprise up to half (50%) of the SOSR. However, lands devoted to parking areas, clubhouses, and any other Accessory Structures shall not count toward the SOSR. 7.08.10 Ponds. Storm water management ponds that are designed, landscaped, and available for use as an integral part of a subdivision's open space network may be counted toward a portion of the SOSR, based on a percentage equal to that portion of a pond's perimeter which is not bounded by lots (e.g. thirty percent (30%) bounded by lots, seventy percent (70%) Open Space).

7.08.11 The Commission may approve other forms of Design Open Space if a proposed open space meets the following criteria: 1.

2.

3.

4.

It is designed as a neighborhood focal point.

It is designed for people, and with one or more specialized functions, such as a sitting or gathering place; tot lot or playground; an area for court games, or a roque or croquet field.

It meets the general description of Designed Open Space found in Section 7.03.D. It meets the General Standards for Open Space, Section 7.04.

7.09 Standards for Conservancy Lots.

Conservancy Lots may be used where applicants opt to develop portions of their property at very low densities and offer to place a restrictive conservation easement preventing future subdivision of the newly created parcels.

7.09.01 Conservancy Lots shall be a minimum of five (5) acres.

7.09.02 Minimum front yards for Conservancy Lots: 1.

Primary Structures:

two hundred (200) feet from right-of-way.

2.

Accessory Structures:

two hundred twenty-five (225) feet from right-of-way.

7.09.03 Up to fifty percent (50%) of each Conservancy Lot may contribute to the OSP. 7.09.04 Conservancy Lots may contribute up to fifty percent (50%) of the overall SOSR. 7.10 Permanent Protection Through Conservation Easements.

7.10.01 Subdivision open space shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities.

7.10.02 The Commission shall review all proposed easements and shall accept them provided their wording accomplishes the purposes of this Ordinance and is consistent with the Comprehensive Plan.

7.11 Ownership of Open Space and Common Facilities.

7.11.01 Ownership Options. The methods below may be used, either individually or in combination, to own common facilities; however, project open space which is contiguous to an existing public park or trail (linear park) or contiguous to an area identified as a park (or trail) shall be initially offered for dedication to, or purchase by, the Charlestown.

7.11.02 Open space shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following: 1.

2.

3.

4.

5.

Fee Simple Sale or Dedication to the City. The City may, but shall not be required to, purchase or accept the dedication of any portion of the common facilities.

Condominium Association. Common facilities may be controlled through the use of condominium agreements. All open land and common facilities shall be held as common element.

Homeowners' Association. Common facilities may be held in common ownership by a homeowners' association, subject to any of the provisions for homeowners' associations set forth in the Zoning Ordinance. In addition, the following regulations shall be met: a. The applicant shall provide the Commission a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities. b. The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development. c. Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title. d. The association shall be responsible for maintenance and insurance of common facilities. e. The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted. f. Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association. g. The association shall have adequate staff to administer, maintain, and operate such common facilities.

Private Conservation Organization. With permission of the Commission, an owner may transfer either fee simple title of the open space or easements on the open space to a private non-profit conservation organization provided that: a. The conservation organization is acceptable to the Commission and is a bonafide conservation organization intended to exist indefinitely; b. The conveyance contains appropriate provisions for proper reversion or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions. c. The open space is permanently restricted from future development through a conservation easement and the Director is given the ability to enforce these restrictions; and d. A maintenance agreement acceptable to the Commission is established between the owner and the organization.

Dedication of Easements to the City. The City may, but shall not be required to, accept easements for public use of any portion of the common land or facilities.

In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization. In addition, the following regulations shall apply: a. Any such easements for public use shall be accessible to the general public. b. A satisfactory maintenance agreement shall be reached between the owner and the Board of Public Works and Safety.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 6.

Non-Common Private Ownership (Conservancy Lots). Up to fifty (50) percent of the SOSR may be included within one or more large "conservancy lots" of at least three (3) acres, provided: a. A maximum of seventy-five percent (75%) of each lot area may be applied to the SOSR; b. the open space is permanently restricted from future development; c. the Director is given the ability to enforce these restrictions.

7.12 Maintenance.

Unless otherwise agreed to by the Plan Commission, the cost and responsibility of open space land shall be borne by the property owner, condominium association, homeowners' association, or a conservation organization.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

EXHIBIT A OPEN SPACE SCHEDULE SUBDIVISION NAME _______________________________________________________________ 1.

SITE ACREAGE

2.

ZONE DISTRIC

3.

MINMUM OPEN SPACE REQUIREMENT (SOSR)

4.

OPEN SPACE PROVIDED (OSP)

5.

PRMARY CONSERVATION AREAS

acres acres

Well-head Protection Area

□

FEMA/IDNR 100-year Floodway

FEMA/IDNR 100-year Flood Fringe

□

Wetlands (>1/4 ac.)

Drainage Corridor

□

Scrub Woodland

Steep slopes (10%)

□

Young Woodland

Mature Woodland

□

Historic Structures/Sites

Special Opportunity Corridor (identify) _______________________________________ Other (identify)___________________________________________________________ 6.

NATURAL OPEN SPACE PROVIDED

acres

7.

AGRICULTURAL OPEN SPACE

acres

8.

DESIGNED OPEN SPACE

acres

□ Square

□ Parks

□ Green

□ Boulevard

□ Greenbelt

□ Paths

□ Trails

□Golf Courses

□ Pond (see below)

Other ___________________________________________________________

9.

CONSERVANCY LOT

10.

PONDS

_______no. lots

_________acres

total measured perimeter (in linear feet) total measured accessible perimeter (not bounded)

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE EXHIBIT B OPEN SPACE CONSERVATION PLAN PREPARATION GUDELINES A. The Open Space Conservation Plan shall be submitted as a map and written report, and made a part of the Primary Plat application.

B.

1.

The Open Space Conservation Map shall be a 24" x 36" plan, and include the following: a. Title block, north arrow and scale; b. name of project and date of preparation; name of preparer, contact information; c. project boundary, including all adjoining parcels within six hundred (600) feet; d. existing roads, buildings, utilities and natural features: e. delineation of all Open Space Priority Areas: f. delineation of woodland classification areas including edges and sampling points; g. proposed roads, lots, storm water management facilities, community buildings and utilities; h. proposed project open space and common areas; i. written project construction sequence summary.

2.

The Map shall also identify and describe the construction techniques and conservation practices that will protect open space areas during construction of the project.

The Open Space Conservation Report shall be bound, 8.5" x 11" format, addressing the following areas: 1.

General Project Information: a. The name of project and date of preparation; b. The name of preparer, contact information; c. A completed Open Space Schedule form; d. A site context plan (11" x 17"), scale and north arrow and title block, and showing the site boundary, existing roads, proposed road and lot layout, storm water management facilities, location of Open Space Priority Areas, location of project open space.

2.

Open Space: a. A written, itemized description of all Open Space Priority Conservation Areas; b. Written descriptions of other proposed project open spaces; c. Written and photographic description of the composition and conditions and review of woodland evaluation criteria; d. Written and graphic description of afforestation and/or reforestation plans.

3.

Maintenance and Operation Plan: a. An estimate of staffing needs; b. Insurance requirements; c. Define the means for funding the operation and maintenance costs of the project open space and any common facilities on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs; d. Plans for regular and periodic operation and maintenance responsibilities for the various categories and types of open space.

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CHAPTER EIGHT:

Standards of Required Improvements

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE CHAPTER 8: STANDARDS OF REQUIRED IMPROVEMENTS 8.00 8.01 8.02 8.03 8.04 8.05 8.06 8.07 8.08 8.09

Standards of Required Improvements.

Required Improvements by Subdivider.

Monuments and Markers.

Streets.

Sewers.

Water.

Interpretation Concerning Utility Systems Installation.

Storm Drainage.

Curb and Gutter.

Alternative Transportation.

8.00 Standards of Required Improvements.

8.01 Required Improvements by Subdivider.

The subdivider shall be required to provide and install certain minimum improvements in the subdivision as a condition for approval of the Final Plat by the Commission. All such required improvements shall be constructed in accordance with the minimum requirements of these regulations and the construction standards and specifications adopted by the jurisdiction over a particular improvement. Nothing contained herein, however, shall be construed as prohibiting the subdivider from installing improvements meeting higher standards than the minimum requirements.

8.02 Monuments and Markers.

Monuments and markers (other than property corner monuments – see 8.02.03 below) shall be set by the subdivider as herein required. Said monuments and markers shall be placed so that the center of the pipe or marked point shall coincide with the intersection of lines to be marked, and shall be set so that the top of the monument or marker is level with the finished grade.

8.02.01 Monuments shall be of stone, pre-cast concrete or concrete poured in place with minimum dimensions of four (4) inches by four (4) inches by thirty-six (36) inches, set vertically in place. They shall be marked on top with an iron or copper dowel set flush with the top of the monument, scored on top with a cross. Said monuments shall be set: 1. At the intersections of all lines forming angles in the boundary of the subdivision.

2. At the intersections of all lines forming angles in the boundary of the section, if the subdivision is platted by sections.

8.02.02 Monuments to be placed in streets shall be of brass, iron or steel pin, twenty-four (24) inches in length, with one and one-half-inch (1-1/2") minimum diameter head, set vertically in place. Said monuments shall be set: 1. At the intersection of all street centerlines.

2. At the beginning and ending of all curves along street centerlines.

8.02.03 Property corner monuments shall be set in accordance with Indiana Administrative Code requirements.

8.02.04 The subdivider shall submit two (2) copies of the plat of the subdivision indicating the placement of all monuments and markers installed or existing. Said plat shall be certified by a Professional Land Surveyor.

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 8.03

Streets.

8.03.01 Streets (and alleys, where provided) shall be completed to the specifications shown on plans, profiles, cross-sections, etc., provided by the subdivider and prepared by a Professional Engineer or Professional Land Surveyor.

8.03.02 The streets shall be graded, surfaced and improved in accordance with current standards and specifications of the authority with the responsibility for final acceptance of said streets.

8.03.03 In all cases where streets are being finally surfaced in any subdivision, the Building Commissioner shall be called and notified for the purpose of inspecting the final surfacing of any street in any subdivision within the jurisdiction of this Ordinance and he may in turn notify the City Engineer and the failure of any contractor, subcontractor or subdivider to comply with this mandatory provision may result in nonacceptance of the street by the proper authorities. The responsibility for compliance with this provision shall be solely with the subdivider shown on such Completion Bond as the principal obligor.

8.04

Sewers.

8.04.01 The subdivider shall provide the subdivision with a complete sanitary sewer system to convey the sewage to the City’s wastewater treatment facility.

8.04.02 The plans for the installation of a sanitary sewer system shall be provided by the subdivider and approved by the appropriate authority with control over sanitary sewage.

8.05

Water.

8.05.01 The subdivider shall provide the subdivision with a complete water main supply system, which shall be connected to the City’s water supply.

8.05.02 Plans for the installation of a water main supply system shall be submitted by the subdivider and these plans and systems shall be built in accordance with the current standards of the City of Charlestown.

Upon completion of the water supply installation, two (2) sets of plans for such system as built shall be filed with the Building Commissioner.

8.06

Interpretation Concerning Utility Systems Installation.

8.06.01 In reference to standards for sewers and water, the phrase "the subdivider shall provide" shall be interpreted to mean that the subdivider shall install the facility referred to 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 builder of the structure on the lots in accordance with these regulations.

8.07

Storm Drainage.

The subdivider shall provide the subdivision with an adequate storm water sewer system in accordance with the current standards of the City of Charlestown whenever curb and gutter is installed and whenever the evidence available to the Commission indicates that the natural surface drainage is inadequate. When the surface drainage is adequate, easements for such surface drainage shall be provided in accordance with the current standards of the City of Charlestown. Deep open ditches for drainage are not permitted in the rightof-way, but where curb and gutter are not provided, a shallow swale with its low point at least three inches (3”) below the elevation of the subgrade of the pavement may be permitted. All open drainage ditches and

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE swales shall be constructed in exact conformance with the submitted plans and specifications and the entire ditch or swale seeded or sodded.

8.08 Curb and Gutter.

The subdivider shall provide curbs and gutters on all streets.

8.09

Alternative Transportation.

8.09.01 The installation of five-foot (5') sidewalks in all subdivisions within the entire jurisdictional area of the Commission shall be mandatory, said sidewalks being installed on both sides of the street in front of the Principal Building in accordance with the current standards of the City of Charlestown.

8.09.02 This includes sidewalks on existing roads within and bordering a subdivision. However, whenever the subdivision borders an existing or proposed road that is classified in the Thoroughfare Plan as a collector, parkway, or arterial, the subdivider shall install a path consistent with the Thoroughfare Plan instead of a sidewalk along such road.

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39

CHAPTER NINE:

Plat Certificates

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE CHAPTER 9: PLAT CERTIFICATES 9.00 9.01 9.02 9.03 9.04 9.05 9.06 9.07 9.08 9.09 9.10 9.11 9.12 9.13 9.14 9.15 9.16

Plat Certificates Deed of Dedication.

Commission's Certificate.

Registered Land Surveyor's Certificate.

Board of Public Works and Safety Certificate.

Deed of Dedication Forms.

Subdivider Agreement Forms.

Certificate of Reservation of Electric, Telephone and Licensee Easements Certificate of Reservation of Gas Easement Certificate of Reservation of Sanitary Sewer and Drainage Easement Certificate of reservation of water line easement Certificate of Reservation of Drainage Retention Basin Easement Certificate for dedication of public utility, sewer, drainage and private access easements (minor plats only) Certificate of Residual Land Zoning Certificate Certificate of Field Inspector Certificate of Professional Engineer and/or Professional Land Surveyor Builder’s Certificate for Bond Release

9.00 Plat Certificates.

9.01 Commission's Certificate.

The following certificate shall appear on every final plat: UNDER AUTHORITY PROVIDED BY INDIANA CODE 36-7-4 AND ORDINANCES ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CHARLESTOWN, INDIANA, THIS PLAT WAS GIVEN APPROVAL BY THE CITY OF CHARLESTOWN, AS FOLLOWS: Granted Administrative approval by the Charlestown Plan Commission's Rules of Procedure on ___________________, 20______ CHARLESTOWN PLAN COMMISSION

BY: _____________________________, President

(SEAL)

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

9.02 Registered Land Surveyor's Certificate.

The following certificate shall appear on every final plat: I ___________________________ HEREBY CERTIFY THAT: 1.

2.

3.

4.

I am a Professional Land Surveyor Licensed in Compliance with the laws of the state of Indiana.

This plat correctly represents a survey completed by me on ___________, 20____.

All the monuments shown thereon actually exist and that the location, size, type and material are accurately shown.

All requirements specified in the Subdivision Control Ordinance of the City of Charlestown have been met. ____________________________ (signature)

(PROFESSIONAL SEAL)

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.03

Board of Public Works and Safety Certificate The following certificate shall appear on every final plat for a subdivision that is located wholly or partially within the corporate limits of the City of Charlestown, Indiana, at the time of final plat approval by the Charlestown Plan Commission: THIS PLAT WAS GIVEN APPROVAL BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CHARLESTOWN, INDIANA, AT A MEETING HELD: , 20_______.

___________________________ Mayor

_______________________ Member BOPW&S

____________________________ Member BOPW&S

________________________ Attest: Clerk-Treasurer

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.04

Deed of Dedication Forms.

A deed of dedication, in substantially the following form, shall appear on every final for a subdivision: We, the undersigned, ___________________, owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the plat.

The subdivision shall be known and designated as ____________________, an addition to the City of Charlestown. All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public.

Front and side 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.

There are strips of ground ____________ feet in width as shown on this plat and marked "Easement", reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject to the rights of the public utilities.

(Additional dedications and protective covenants, or private restrictions, will be inserted here upon the subdivider's initiative or the recommendations of the Commission. Important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor areas.)

The foregoing covenants, or restrictions, are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 20_____, (a 25-year period is suggested), at which time said covenants, or restrictions, shall be automatically extended for successive periods of 10 years unless changed by vote of a majority of the then owners of the buildings covered by these covenants, or restrictions, in whole or in part.

Invalidation of any one of the foregoing covenants or restrictions, by judgment or court order, shall in no way 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 dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns.

Witness our Hands and Seals this ________________day of ___________ 20_____. ________________________ __________________________ __________________________ (Signature) (Signature) (Signature) STATE OF INDIANA COUNTY OF ________________) Before me the undersigned Notary Public, in and for the County and State, personally appeared ___________________, __________________, ______________________. for each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed.

Witness my hand and notarial seal this ______day of _____________, 20_______.

My Commission expires: _____________________ I am a resident of ________________County.

(SEAL)

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.05

Subdivider Agreement Forms.

9.05.01 The following agreement shall be included as a submittal with the final plat approval application: AGREEMENT The developer shall be responsible for any drainage problems, including standing water, flooding and erosion control, which arise or become evident at any time during the 3 year maintenance period after the release of the subdivision bond, and which is attributable to a deficiency in subdivision drainage design or construction of drainage improvements. This shall include all pipes, structures, swales, ditches and ponds which are pertinent features to the proper drainage of the subdivision.

This responsibility of the developer shall not, however, include problems which are created subsequent to the completion of the subdivision improvements by the improper grading by individual builders or structures and improper grading installed or accomplished by individual homeowners.

It is the intent of this agreement that the developer shall specifically provide such subsurface drains, or storm sewers or ditches, as are required to properly rectify any drainage problem or sub-surface water problem which was not contemplated in the original approved subdivision design, including, but not restricted to, disposal of sub-surface water from footing drains of individual lots.

_____________________________ Developer

_______________________ Date

_____________________________ Witness

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

9.06

Certificate of Reservation of Electric, Telephone and Licensee Easements The space outlined by dashed lines and marked “electric and telephone easement” are hereby reserved as easements for electric and telephone utility purposes, which include: (1) the right of ingress and egress across of all lots, access areas, and ways to and from the easements; (2) the right to cut down or trim any trees within the easement; (3) the right to trim or cut down any trees outside easement area within 10’ of the closet conductor within the easement or a public way; (4) the right to cut down or trim any trees on private property that may be so defective as to present a hazard to utility lines after reasonable notice to the property owner; (5) the right of any utility company using said easements to remove permanent structures or obstructions within the easement. No permanent structures shall be erected within the easement. Fences, shrubbery and gardens may occupy easement areas at property owner’s sole risk. The developer is to remove all trees that may interfere with the original construction of the electric lines and telephone lines to serve this subdivision.

Appropriate easements are hereby dedicated and reserved to each property owner, together with the right of ingress and egress over abutting lots properties to install, operate and maintain electric service lines to termination points. Electric service lines, as installed, shall determine the exact location of said easements.

The electric and telephone easements shown on this plat shall be maintained and preserved in their present condition and no encroachment therein and no charge in the grade or elevation thereof shall be made by any person or lot owner. Easement for overhead electric transmission and distribution feeder lines poles and related equipment are reserved over, across and under all spaces (including park, open and drainage space areas), outlined by dash lines and designated for underground and overhead facilities.

________________________ (Signature)

CHAPTER 9: PLAT CERTIFICATES

__________________________ (Signature)

__________________________ (Signature)

45

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.07

Certificate of Reservation of Gas Easement The spaces outlined by dashed lines and marked “Gas Easement” are hereby reserved as easements for underground gas lines and appurtenances thereof, including the right to construct, operate, maintain, repair, and remove such underground gas lines and appurtenances, and the right of ingress and egress over all lots to and from the easements and the right to cut down any trees within the easement that may interfere with the installation or operation of the lines. No permanent structure shall be erected within the easement. Any gas utility using said easement may remove any permanent structure or obstruction within the easement. Fences, shrubbery and garden may occupy easement areas at the property owner’s sole risk.

Easements are hereby dedicated and reserved to each property owner, together with the right of ingress and egress over abutting lots or properties as may be necessary to install, operate and maintain gas lines to termination points. Gas lines, as installed shall determine the exact location of said easements.

________________________ (Signature)

CHAPTER 9: PLAT CERTIFICATES

__________________________ (Signature)

__________________________ (Signature)

46

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.08

Certificate of Reservation of Sanitary Sewer and Drainage Easement Easement for sanitary sewer and drainage purposed are hereby reserved on, over and under the strips of land and spaces as defined and bounded by dashed lines, marked “Sanitary Sewer and Drainage Easement�, together with the right of ingress and egress over all lots to and from the easements, for construction, operation, maintenance of sewers and drains over, under and across said land. No permanent structure of any kind shall be placed on, over or under the land which is subject to said easements. The easements shall be for the benefit of the land in the subdivision and other land which naturally drains therein, and said sewers and drains may be constructed by the City of Charlestown or by any other public agency having legal authority for such construction, or by others subject to the approval by the City.

________________________ (Signature)

CHAPTER 9: PLAT CERTIFICATES

__________________________ (Signature)

__________________________ (Signature)

47

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.09

Certificate of Reservation of Water Line Easement Permanent easement(s) for water lines and appurtenances are hereby reserved on, over, under, and through the strips of land as defined and bounded by dashed lines marked “Water Company Easement” together with the right of ingress and egress over all lots to and from the easement(s) for constructing, repairing, removing, replacing, relocating, reconstructing, maintaining and enlarging of water mains. No permanent structure of any kind shall be erected or the grade of the surface of the land changed within the said easement(s) without prior written consent of Water Company.

Fences, shrubbery, and gardens, and gardens may occupy easement area at the owner’s risk.

Temporary rights are hereby reserved to use land adjacent to the permanent easement(s) herein granted for storage and movement of excavated earth, rock, construction materials, tools, and equipment during construction of said water lines. ________________________ __________________________ __________________________ (Signature) (Signature) (Signature)

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.10

Certificate of Reservation of Drainage Retention Basin Easement Easement for drainage and ponding purposes are hereby reserved on and over the land and spaces as defined and bounded by dashed lines, marked “Drainage Retention Basin Easement�, together with the right of ingress and egress over all lots to and from the easements, for construction, operation, maintenance and reconstruction of retention basins and other drainage improvements.

No permanent structure of any kind shall be placed on or over the land within said easements, except for drainage structures, pavements and landscape planting. The easements shall be for the benefit of the land in the subdivision and additional drainage improvements may be constructed by the City of Charlestown or by any other public agency having legal authority for such construction. Until said easement areas are accepted for maintenance by the City of Charlestown or another responsible public agency, said areas shall be maintained by the owners of the underlying fee simple title. ________________________ __________________________ __________________________ (Signature) (Signature) (Signature)

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.11

Certificate for Dedication of Public Utility, Sewer, Drainage and Private Access Easements

This instrument made and entered into on this _____________ day of ________. _______, by the undersigned Owners, ______________________________________ per Deed Book ____________, Page ___________, confers the rights and obligations regarding certain real property as follows: This is to certify that the undersigned GRANTOR is the owner of the land shown on the plat attached hereto and made a part hereof and that a perpetual easement for roadway, courts, drives, public utilities, including, but not necessarily limited to, water, electric, gas, telephone, cable, sewers and drains are hereby dedicated and reserved on, over and under the strips of land and spaces so designated on the attached plat as “Public Utility, Sewer, Drainage, and Private Access Easements”, together with the right of ingress and egress over GRANTOR’S property to and from easements for construction, operation, maintenance, and reconstruction of the aforesaid public utilities, sewers and drains.

No permanent structure of any kind shall be placed on, over or under the land within the perpetual easements. The perpetual easements shall run with the land and shall be for the benefit and use of the GRANTOR’S property and all lands abutting the aforesaid easements Access easements, to the extent they are not occupies by a public utility, shall be maintained by the GRANTOR, his heirs, executors, administrators, assigns, or the owners of the underlying fee simple title until said easements are accepted for maintenance by the public utilities.

Witness our Hands and Seals this ________________day of ___________ 20_____. ____________________ (Signature)

__________________________ (Signature)

__________________________ (Signature)

STATE OF INDIANA COUNTY OF ________________) Before me the undersigned Notary Public, in and for the County and State, personally appeared ___________________, __________________, ______________________. for each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed.

Witness my hand and notarial seal this ______day of _____________, 20_______.

My Commission expires: _____________________ I am a resident of ________________County.

(SEAL)

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE

9.12

Certificate of Residual Land If the total extent of the land being subdivided, cannot reasonably be shown on the plat, because of its size, the following statement may be used: The residual land of tract ____________________ herewith being subdivided is in a single parcel of __________________ acres designated as tract _________________________ and has frontage of ______________ feet on _____________________________ which is (are) (a) public way(s). ______________________________ Professional Land Surveyor Signature

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.13

Zoning Certificate This certificate must be signed by the owner(s) of all property shown on the plat.

I/We hereby certify all of the lots of this minor subdivision and any existing buildings and improvements thereon and/or any buildings and improvements included in a building permit either applied for or approved thereon are in compliance with all the provisions of the Zoning District Regulations. Any such buildings or improvements not in compliance with the Zoning District Regulations have been granted all necessary variances by the Board of Zoning Adjustment as described in Docket No. _____________ or documentation of the existence of the buildings or improvements prior to the adoption of the Zoning District Regulations has been accepted by the Planning Commission staff as valid evidence of their non-conforming status. ________________________ (Signature)

_________________________ (Signature)

_______________________ (Signature)

(If the last sentence is not applicable, “N.A.” should be placed in the space after “……. Docket ______________.”)

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.14

Certificate of Field Inspector The undersigned certifies as follows: I personally inspected ____________________ subdivision on _________________, _______, and to the extent that can be determined from what is visible, the inspection showed that all improvements required by the approved construction plans dated _______________, ________, (except sidewalks on unimproved lots) have been installed in a good and workmanlike manner and that they are in good repair and functioning properly, and all reference monuments required by the record plat have been installed in a good and workmanlike manner.

Unimproved lots refer to those on which no primary building has been constructed, and the number of such lots remaining in the subdivision does not exceed 20% of the total number of lots in the subdivision.

I have no knowledge or information which would reasonably indicate that any of the required improvements have not been installed in a good and workmanlike manner or that any of these improvements are not functioning properly.

_____________________________ Date

_____________________________ Signature of Field Inspector

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.15

Certificate of Professional Engineer and/or Professional Land Surveyor The undersigned Professional Engineer certifies as follows: _____ (name of inspector) ________________________, the field inspector for this subdivision, was employed under my supervision at the time of such inspection and is fully competent to perform it in a manner which is keeping with the standards of the engineering profession, and I assume responsibility for any inaccuracies in his inspection and certification.

I have no knowledge or information which would reasonably indicate that any of the required improvements have not been installed in a good and workmanlike manner or that any of those improvements are not functioning properly.

The undersigned Professional Land Surveyor certifies as follows: Reference monuments have been installed at all points of change in direction of all exterior boundary lines of the subdivision or subdivision section. Monuments have been installed at all control points of the roadway at the right-of-way lines of the subdivision or subdivision section.

______________________________ Professional Engineer

______________________________ Professional Land Surveyor

______________________________ Date

______________________________ Date

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CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE 9.16

Builder’s Certificate for Bond Release __________________________________________________________________ Name of Subdivision, Section No. and Lot No. __________________________________________________________________ Planning Commission Docket No. The undersigned certifies as follows: All construction on this lot has been substantially completed and, if a site drainage plan was required, completion was accomplished in accordance with the plan.

Proper measures have been taken on this lot to prevent drainage related damage to improvements required by the approved construction plan applicable to this subdivision.

Disrepair or improper functioning of any installed improvements or reference monuments resulting, in whole or in part, from activity engaged in or allowed on this lot has been corrected in a good and workmanlike manner.

_________________________________ Date

_________________________________ Signature of Builder

_________________________________ Name

_________________________________ Address

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CHAPTER TEN:

Enforcement

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE CHAPTER 10: ENFORCEMENT 10.01 Duties of enforcement officer: The enforcement officer, with the assistance of the officials of other departments of the City of Charlestown, is hereby authorized and directed to enforce all provisions of these regulations; to review plans and specifications; to issue permits and certificates; to conduct inspections; and to perform such other services as may be necessary to execute the provisions of these regulations.

10.02 Right of entry: Upon representation of his/her official credentials, the enforcement officer, or his/her deputies, may enter during reasonable hours any premises covered by these regulations to perform the duties imposed upon him by these regulations.

10.03 Stop orders: Upon notice from the enforcement officer that any subdivision is being constructed contrary to the provisions of these regulations or contrary to any approved plans, being maintained contrary to the provisions of these regulations, such violations shall be stopped immediately. Notice shall be in writing and shall be given to the owner of the property or his agent, or to the person so developing the property, and shall state specifically the regulation or approved plan being violated. Said notice may be given by registered mail to the person so developing the property after two reasonable efforts personally to serve the notice have failed.

10.04 Citations: Any person or entity who fails to stop use immediately shall be issued a citation for such violation.

10.05 Penalties: 10.05.01 Any person or entity who violates any of these regulations, or any order of an enforcement officer, or any restriction or condition imposes pursuant to these regulations shall be fined not less than $100.00 nor more than $1,500.00 for each violation. Each day of violation shall constitute a separate offense.

10.05.02 Any person, owner or agency who sells or purports to sell land constituting a subdivision without an approved plat shall be fined not less than one-thousand-dollars ($1,000.00) nor more than five-thousanddollars ($5,000.00) for each lot or parcel which as the subject of the sale of transfer or contract for sale or transfer.

CHAPTER 10: ENFORCEMENT

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CHAPTER ELEVEN:

Fee Schedule

CITY OF CHARLESTOWN SUBDIVISION CONTROL ORDINANCE CHAPTER 11: FEE SCHEDULE

11.01 Fees.

Subdivision Fees shall be as established by the City of Charlestown Plan Commission and approved by the Charlestown Common Council.

CHAPTER 11: FEE SCHEDULE

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Charlestown SUBDIVISION CONTROL OR D IN A N C E