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Subdivision Control Ordinance

Table of Contents

ORDINANCE NO. 06-85

"AN ORDINANCE ESTABLISHING A SUBDIVISION CONTROL ORDINANCE FOR THE CITY OF ANDERSON, INDIANA, PROVIDING FOR THE CONTROL OF THE SUBDIVISION OF LAND AND THE APPROVAL OF THE PLATS AND REPLATS OF LAND, WITHIN THE JURISDICTION OF THE ANDERSON CITY PLAN COMMISSION, AND TO REPEAL ORDINANCE NO. 2317."

WHEREAS, the purposes of those subdivision regulations are to protect and promote the public health, safety, and general welfare, and to provide for the guidance of future growth and development of the City of Anderson, Indiana;

NOW, BE IT ORDAINED by the Common Council of the City of Anderson, under authority of the Indiana Home Rule Statutes, and Indiana Code 36-7-4-700 et. seq. and all acts of the General Assembly of the State of Indiana amendatory thereto, as follows:

SECTION 1.00: ESTABLISHMENT OF CONTROL
No plat or replat of a subdivision of land located within the territorial jurisdiction of the City of Anderson Plan Commission shall be recorded until it has been approved by the City of Anderson Plan Commission, and such approval shall have been entered in writing on the plat by the President and Secretary of the City of Anderson Plan Commission.

SECTION 2.00: DEFINITIONS
For the purpose of this ordinance certain numbers, abbreviations, terms, and words used herein shall be used, interpreted and defined as set forth in this section. Unless the context clearly indicates to the contrary, words used in present tense include the future tense; words used in the plural number include the singular; the word “herein” means in this ordinance; the word "ordinance" means this ordinance. A "person" includes a corporation, a partnership, and an incorporated association of persons; "shall" is always mandatory; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."

ALLEY: A permanent public service way providing a secondary means of access to abutting lands, which is primarily used for vehicle access to the rear or sides of properties otherwise abutting on a street.
APPLICANT: The owner of land proposed to be subdivided or his agent or his legal representative.
BLOCK: Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, or other definite barrier.
BOARD: The Board of Public Works of the City of Anderson, Indiana.
BUILDING SETBACK LINE: The line nearest the front or side of and across a lot establishing the minimum yard to be provided between the principal building, or structure, and the lot line.
CITY: The City of Anderson, Indiana.
COMMISSION: The Anderson City Plan Commission.
COMMON COUNCIL: The Common Council of the City of Anderson, Indiana.
CUL DE SAC: (Court or Dead End Street): A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
DEPARTMENT: The City of Anderson Planning Department and staff to the Plan Commission.
DIRECTOR: The Planning Director of the City of Anderson Plan Commission.
DITCH-OPEN: A relatively deep drainage channel which may have a continuous water flow. Open ditches are outlets for both surface, subsurface, or storm sewer drainage systems.
DITCH-LEGAL: Any drainage system over which the County Drainage Board had legal control.
DRAINAGE EASEMENT: The land required for the installation of storm water sewers or drainage ditches, or required along a natural stream or water course for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRAINAGE-SUBSURFACE: A system of pipes, tile, conduit, or tubing installed beneath the ground surface used to collect underground water from individual parcels, lots, building footings, or pavements.
DRAINAGE-SURFACE: A system by which the storm water runoff is conducted to an outlet. This would include the proper grading of parking lots, streets, driveways and yards so that storm runoff is removed without ponding and flows to a drainage swale, open ditch, or a storm sewer.
DRAINAGE-SWALE: A natural or constructed waterway, usually broad and shallow, covered with erosion - resistant grasses, used to conduct surface water from a field, diversion, or other site feature.
DRAINAGE-SYSTEM: Any combination of surface and/or subsurface drainage components fulfilling the drainage requirements of this ordinance.
EASEMENT: A grant by the property owner of the use of a strip of land by the public, a corporation, or persons, for specified purposes.
ENGINEER: The City Civil Engineer of the City of Anderson, Indiana.
LOT: A parcel, tract or area of land intended as a unit for transfer of ownership or for development, and accessible by means of a Street or Place. For residential uses as set forth in the Zoning Ordinance, the lot shall abut upon a Street or Place at least fifty percent (50%) of the lot width prescribed for the District in which the lot is located. It may be a single parcel separately described in a deed or Plat which is recorded in the Office of the County Recorder of Madison County, or it may include parts of, or a combination of, such parcels when adjacent to one another and used as one. In determining lot area and boundary lines no part thereof within the limits of a Street or alley shall be included.
LOT AREA: The area contained within the property lines of the individual parcels of land as shown on a subdivision plan, excluding space within any street but including the area of any easement.
MASTER PLAN OR COMPREHENSIVE PLAN: The complete plan or any of its parts for the development of the City prepared by the City Plan Commission and adopted in accordance with Indiana Code Title 36, Article 7, and all acts of the General Assembly of the State of Indiana, as is now or may hereafter be in effect.
MINOR SUBDIVISION: A division of land into four (4) lots or less fronting upon an existing street and which does not require provision of any new streets, alleys or roads nor the extension of municipal facilities thereto; and further with respect to said division of land, the commission must determine:

  1. That the subdivision will not impede the normal and orderly development of improvements of the parcel or surrounding properties.
  2. That necessary and adequate utilities, drainage and sanitary facilities have been or are being provided.
  3. That adequate measures will be taken to provide ingress and egress to the remainder of the parcel and surrounding properties.
  4. That the subdivision will not be detrimental to or endanger public health, safety, or the general welfare.
PERSON: A corporation, firm partnership, association, organization or any group acting as a unit, as well as a natural person or persons.
PLACE: An open, unoccupied, officially designated space, other than a street or alley permanently reserved for use as a principal means of access to abutting property.
PLAT: A map or chart indicating the subdivision or re-subdivision of land platted or subdivided with lots or parcels of land intended to be filed for record. It may include all or any part of a previous subdivision or plat.
PLAT, FINAL: A drawing, in final form, showing the applicant’s plan of subdivision containing all information or detail required by these regulations to be presented to the Commission for approval, and which if approved, may be duly filed or recorded by the applicant in the Office of County Recorder.
PLAT, PRELIMINARY: A tentative map and supporting information indicating the subdivision of land, prepared in accordance with the requirements of this ordinanance as a basis of consideration prior to the final plat.
PLAT REVIEW COMMITTEE: The advisory committee designated by this ordinance that will have the responsibility for reviewing a proposed subdivision application and providing a written report to the Commission of its findings. The applicant is encouraged to meet with the committee prior to the submission of an application for primary approval of a plat of a subdivision. The committee members shall be the Director, the Engineer, the Zoning Administrator, a member of Plan Commission, a member of the Board of Works and other public officials as deemed necessary.
PRIMARY APPROVAL: Approval granted by the Commission to a preliminary plat. The preliminary approval may include conditions which will bring the plat into conformance with the regulations. All subsequent final plats of any or all sections of the preliminary plat shall be in substantial conformance with the preliminary plat.
SUBDIVISION OR REPLAT: A change in a map for an approval or recorded subdivision plat it such change affects any street layout on such map or area reserved thereon for public use, or any lot line: or if it affects any map or plat legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY: A strip of land appropriated for public use as a street, highway, driveway, alley or walkway or for any drainage or public utility purposes or other similar uses.
SECONDARY APPROVAL: The final approval granted to a subdivision by the Commission and Board of Public Works. This approval authorizes the owner or agent to record the plat.
STREETS: A right-of-way dedicated to public use other than an alley of place which affords the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name.
  1. Primary Arterial and Secondary Arterial Streets and those designed for large volumes of traffic movement. Certain Arterial Streets may be classified as Business Streets to serve congested business sections, and others as Limited Access Highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
  2. Collector Streets are important streets planned to facilitate the collection of traffic from minor streets, and to prove circulation within neighborhood areas and convenient ways for traffic to reach arterial streets.
  3. Local Streets are minor streets designated primarily to provide access to abutting properties. Certain Local Streets may be Marginal Access Streets parallel Arterial Streets, which provide access to abutting property and ways for traffic to reach access points on Arterial Streets. Other Local Streets may be a cul-de-sac, a short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
SUBDIVISION: (1) The division of any parcel of land shown as an (sic) unit, part of an (sic) unit, or as contiguous units on the last preceding transfer to property into two or more parcels, sites, or lots, any one of which is less than five (5) acres in area for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be considered a subdivision; or, (2) The improvements of one or more parcels of land for residential, commercial or industrial structures of groups of structures involving the division and allocation of land as streets or other open spaces for common use by owners, occupants or lease holders or as easement for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.
TERRITORIAL JURISDICTION: For the purpose of this ordinance, territorial jurisdiction of the Plan Commission shall include the land within the corporate limits of the City, shown on a map filed in the Office of the Recorder of Madison County, Indiana, by the City Plan Commission and entitled “Anderson, Indiana, Jurisdictional Limits.”
THOROUGHFARE PLAN: The part of the Master Plan for the City, now or hereafter adopted which sets forth the location, alignment, dimensions, identification and classification of existing and proposed public streets, highway and other thoroughfares.
YARD: A space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this ordinance.
YARD, FRONT: A Yard extending across the full width of the Lot, occupied other than by steps, walks, torraces, driveways, lampposts and similar structures, the e depth of which is the least distance between the Front Lot Line and the Building Line.
YARD, REAR: A Yard extending across the full width of the Lot between the rear and the Principal Building and the Rear Lot Line unoccupied other than by accessory buildings which do not occupy more than thirty (30) percent of the required space, and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the Rear Lot Line and the rear of such Principal Building.
YARD, SIDE: A yard between the Principal Building and the Side Lot Line, extending from the Front Yard or from the Front Lot Line where no front line is required, to the Rear Yard. The width of the required side yard is measured horizontally, at 90 with the Side Lot Line, from the nearest part of the Principal Building.
ZONING ADMINISTRATOR: The Zoning Administrator for the City of Anderson Plan Commission.

SECTION 3.00: PROCEDURE - PRELIMINARY CONSIDERATIONS
In order to make the most of the opportunities related to the subdivision of land and to conserve time, effort and expense, the owner or subdivider should consult with the Department, Engineer or other agencies prior to the preparation of the primary plan of the subdivision. School and recreational sites; shopping centers; community facilities; sanitation, water supply and drainage; and relationship to other developments, existing and proposed, in the vicinity, should be determined in advance of the preparation of the subdivision plan. Consultation should also be held with those familiar with the economic factors affecting the subdivision. A through estimate of the situation will result in sound decisions with respect to the form, character and extent of the proposed subdivision. No land shall be subdivided for residential use unless adequate access to the land over improved streets or thoroughfare exists or will be provided by subdivider, or if such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography or any other feature harmful to the health and safety of possible residents and the community as a whole.

SECTION 4.00: PROCEDURE - APPLICATION FOR PRIMARY APPROVAL
A person desiring primary approval of a plat of a subdivision of any land lying within the territorial jurisdiction area of the Commission shall submit a written application therefore to the Commission. Each application for a primary plan shall be accompanied by a certified check or money order payable to the City Controller in the amount of Fifty Dollars ($ 50.00) for ten (10) or less lots in the proposed residential subdivision, Seventy-Five Dollars ($ 75.00) for eleven to fifty (50) lots in the proposed residential subdivision, One Hundred Dollars ($100.00) for fifty-one (51) or more lots within the proposed residential subdivision or One Hundred Dollars ($100.00) for non-residential subdivisions to cover the costs of checking and verifying the primary plan, and such amount shall be deposited in the General Fund of the City. Such application shall be accompanied by the following information and plans: 4.10. A Location Map Showing:

  1. Subdivision name and location;
  2. Major thoroughfares related to the subdivision;
  3. Public transportation lines;
  4. Main shopping center;
  5. Community or neighborhood stores;
  6. Elementary and high schools;
  7. Parks and playgrounds;
  8. Other community features;
  9. Title, scale, north point and date.
The location map need not be a special drawing. The date (sic) may be shown by notations on available city or county maps.
4.20. A Site Map showing:
  1. Topographical data in one of the following forms, which shall be determined by the Department during preliminary consideration of the plan:
    1. A Contour Map with contours at vertical intervals of one (1) foot if the general slope of the site is less than five percent (5%) at vertical intervals of two (2) feet if the general slope of the site is less than ten percent (10%) and at vertical intervals of five (5) feet if the general slope is greater than ten percent (10%);
  2. Tract boundary lines, showing dimensions, bearings, angles, and references to suction, township and range lines or corners;
  3. Streets and right-of-way, or on adjoining the site, including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, curbs, sidewalks, tree planting and other pertinent data;
  4. Easements; locations, widths and purposes;
  5. Utilities; including existing and proposed sanitary and storm sewer systems, legally constituted court drains or regulated drains and all other drainage facilities; water lines; gas mains; electric utilities and other facilities. Size and capacity of each should be shown and the location of/or distance to each existing utility indicated;
  6. Zoning of the site and adjoining property.
  7. Existing or proposed platting of adjacent land;
  8. Other conditions on the tract: water courses, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, shacks, and other significant features;
  9. Other conditions on adjacent land:
    1. Approximate direction and gradient of ground slope, including any embankments or retaining walls;
    2. Character and location of buildings, railroads, power lines, towers, and other nearby non-residential land uses or adverse influences;
    3. Approximate area of off-site watershed drainage into tract;
    4. Owners of adjacent unplatted land;
    5. For adjacent platted land refer to subdivision plat by name, recording date and number, and show approximate percent build-up, typical lot size and dwelling type;
  10. Proposed public improvements; highways or other major improvements planned by public authorities for future construction on or near the tract;
  11. Title and certifications; name of tract or development, location, scale, north arrow, datum, benchmarks, certification of registered surveyor, date of survey.
  12. Title, scale, north point and date.
4.30. A Primary Plan of the subdivision, drawn to the scale of fifty (50) feet to one (1) inch, provided, however, that of the resulting drawing would be over 24" x 36", a scale as recommended by the Engineer or the Department may be used. The Primary Plan shall show:
  1. Proposed name of the subdivision;
  2. Names and addresses of owner and subdivider and the city planner, land planning consultant, engineer or surveyor, who prepared the plan;
  3. Street pattern, showing the names (which shall not duplicate other names of streets in the City) and widths of right-of-way of streets, and widths of cross-walks, easements, or alleys;
  4. Layout of lots, showing approximate dimensions and numbers;
  5. Parcels of land proposed to be dedicated or reserved for schools; parks, playgrounds or other public, semi-public or community purposes;
  6. Building setback or front yard lines;
  7. Key plan, legend and notes;
  8. Scale, north point and date;
4.40. Preliminary streets, storm drainage and utility plans.
  1. Drainage Analysis to be shown on a reproducible preliminary plan with area and runoff information including off-site. Off-site drainage areas to be shown on reproducible topographical maps. Outlet for system with indication of available capacity and treatment to be identified.
  2. Storm drainage system with plan, analysis and computations by a professional engineer or registered land surveyor; provided however, that the registered land surveyor may only provide said system for and within the subdivision.
  3. Spot elevations and slope ratios for any heavy grading.
4.50. Information as to any agreements which have been entered into with the owners of other property within the neighborhood in which the proposed subdivider is located, as to general plans for the entire neighborhood. Wherever possible all of the property owners within the neighborhood should endeavor to agree upon a general plan for its development, in order that each subdivision may be designed as an integral part of a well-considered overall plan.

SECTION 5.00: PROCEDURE - PRIMARY APPROVAL
After an application for primary approval of a Primary Plan of a subdivision, together with six (6) copies of all maps and data has been filed, the Plat Review Committee shall review the Primary Plan and give its preliminary authorization to proceed, or return the plan to the applicant with written suggestions for changes. The Plat Review Committee may schedule a review meeting with the applicant on the Primary Plan. After the Plat Review Committee has completed its review and report of a period of thirty (30) days has elapsed from the filing date of the application, whichever occurs first, the Department shall announce a date for the hearing before the Commission and it shall notify the applicant in writing. The date of the hearing must not be earlier than twenty-eight (28) days nor later than ninety (90) days after the date the application was filed. The Department shall give notice of the hearing in accordance with I.C. 5-3-1 with the cost of the notice to be paid by the applicant. The applicant shall be required to give written notice of such hearing at his expense by certified mail, at least ten (10) days prior to such hearing to all property owners within one hundred (100) feet of the proposed plan. At, or after, the hearing the Commission shall approve, reject, or table the application within sixty-five (65) days after the initial hearing before the Commission. Upon tabling of an application, the Commission shall notify the applicant in writing what revisions, changes or further changes in the Primary Plan are needed for primary approval. Upon approval or rejection of an application, the Commission shall make written findings that set forth its reasons and a decision granting of denying primary approval and shall provide the applicant with a copy thereof. The decision shall be signed by the President or Secretary of the Commission. The Commission will not review a Primary Plan which has been rejected by the Commission until six (6) months has elapsed from the date of rejection. The primary approval of a Primary Plan by the Commission does not constitute final approval of any or all of the subdivision, but is merely an authorization to proceed with preparations of the secondary plat. The primary approval or rejection of a Primary Plan by the Commission or the imposition of a condition on primary approval is a final decision of the Commission that may be reviewed as provided by SECTION VIII of this ordinance. The President and Secretary of the Commission shall sign the original and a photo reproducible copy of the approved Primary Plan. One (1) copy shall be retained by the Commission and the original shall be sent to the applicant. A primary approval of the Primary Plan shall be effective for a period of four (4) years, unless upon request of the applicant, the Commission grants an extension of time. If an application for a secondary plat is not received within the period of time above specified or any extension of time granted by the Commission, all previous actions by the Commission with respect to the Primary Plan shall be deemed null and void.

SECTION 6.00: PROCEDURE - APPLICATION FOR SECONDARY APPROVAL
A person desiring secondary approval of a Final Plat for a subdivision within the City, shall submit a written application to the Commission. Each application for a secondary approval of Final Plat shall be accompanied by a certified check or money order payable to the City Controller in the amount of Ten Dollars ($10.00) for each lot in the proposed residential subdivision or Twenty-Five Dollars ($25.00) for each lot in the proposed non-residential subdivision to cover the cost of checking and verifying the proposed plat, and such amount shall be deposited in the General Fund of the City.

SECTION 7.00: PROCEDURE-SECONDARY APPROVAL OF THE FINAL PLAT
After an application for secondary approval of the Final Plat of a subdivision, together with six (6) copies of all maps and data has been filed, Plat Review Committee shall review the proposed Final Plat and may schedule a review meeting with the applicant at its discretion or upon the request of an applicant. The Plat Review Committee may give its preliminary authorization to proceed, or return the proposed Final Plat to the applicant with suggestions for changes. No application will be considered at a hearing of the Commission unless it has been filed with the Commission at least fourteen (14) days before the date of such hearing. The Department shall give notice of the hearing in accordance with I.C. 5-3-1, with the cost of the notice to be paid by the applicant. Secondary approval of a Final Plat shall not be granted until a minimum of thirty (30) days has elapsed from the date of primary approval granted by the Commission. The Final Plat shall meet the following specifications:
7.10. The Final Plat shall conform to and may include all or only a part of the Primary Plan submitted for primary approval.
7.20. The original drawing of the Final Plat of the subdivision shall be drawn to a scale of fifty (50) feet to one (1) inch, provided that if the resulting drawing would be over twenty-four (24) inches by thirty-six (36) inches, a scale of up to one hundred (100) feet to one (1) inch may be used. In no case should the drawing exceed 24" x 36".
7.30. The following basic information shall be shown:

  1. Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one (1) foot in ten thousand (10,000) feet;
  2. Accurate distances and direction to nearest established street corners or official monuments. Reference corners shall be accurately described on the plat;
  3. Accurate locations of all existing and recorded streets intersecting the boundaries of the tract;
  4. Accurate metes and bounds description of the boundary;
  5. Recorded holder of the title to the land as shown by the books of the County Recorder;
  6. Street names;
  7. Complete curve notes for all curves included on the plat including curve data for center-line and right-of-way of streets;
  8. Street names with accurate dimensions in feet and hundredths of feet with angles to street, alley and lot line;
  9. Lot numbers and all lot dimensions including all lengths and curve segment data;
  10. Easements for utilities and any limitations on such easements;
  11. Accurate dimensions for any property to be dedicated or reserved for public, semi-public and community use;
  12. Building setback for front yard lines and dimensions;
  13. Location, type, material and size of all monuments and lot markers;
  14. Names of record owners of adjoining unplatted land.
  15. Reference to recorded subdivision plats of adjoining platted land by record name, date and number.
  16. Restrictions of all types which will run with the land and become covenants in the deeds for lots;
  17. Name of the subdivision;
  18. North point, scale and date;
  19. Certification by a Registered Land Surveyor;
  20. Certificate of dedication of streets and other public property;
  21. Certificate for approval by the Commission, and the Board of Public Works;
7.40. A performance bond or certified check in the amount of Twenty-Five Dollars ($25.00) for each monument that has not been installed prior to the filing of the Final Plat will be required to be submitted with the Final Plat.
7.50. The Final Plat submission shall include final development plans which have been approved by the affected public agencies. A State Board of Health WPCF Facility Permit shall be required for any sanitary facilities.
7.60. Neighborhood Grading Plan:
  1. Subdivision layout: data from the accepted Preliminary Subdivision Plan; including existing topography, street names, and lot numbers.
  2. Proposed grading by contours or by spot elevations.
7.70. Neighborhood Drainage Plan:
  1. Subdivision data as in 7.60 1) above
  2. Storm sewer plans, profiles, design criteria and specifications.
  3. Plans for disposal of surface water as needed.
  4. Details and specifications for inlets, manholes, catch basins, headwalls and surface drainage channels.
  5. Adjacent contributory drainage area: If adjacent land drains into, or is diverted around the development, show data on size of adjacent drainage area, and slope of land. For any proposed diversion system, show design flow computations and details.
  6. Plans, profiles, cross-sections and details of off-site outfall drainage to a point where backwater will not affect subdivision.
  7. Data on necessary easements.
7.80. Utility Plans:
  1. Water supply and sewage disposals per State Board of Health requirements.
  2. Street lighting: type and location,
7.90. Street Plans:
  1. Plan and profile of each street.
  2. Cross-section of each street type.
  3. Details and specifications for pavement base and surfacing, curbs, etc.
7.90 (a). Other Neighborhood Improvement Plans:
  1. Protective screening.

    Fences and walls: plan, details and specifications.
    Planting: plan for a typical 100 ft. length of screen planting; quantities, sizes, species and specifications.
  2. Alleys, cross-walks, entranceways, parks, etc.: plans, details and specifications.

SECTION 8.00: APPEAL PROCESS
A final decision of the Commission is subject to review by certiorari. A person aggrieved by a final decision of the Commission may present, to the Circuit or Superior Court of Madison County, a verified petition setting forth that the decision is contrary to law in whole or in part and specifying the grounds of the illegality. The person shall present his petition to the court within thirty (30) days after the date of the final decision of the Commission.

SECTION 9.00: PRINCIPLES AND STANDARDS
The Final Plat of the subdivision shall conform to the following principles and standards of the design:

9.10. General. The subdivision plan shall conform to the principles and standards which are generally exhibited Comprehensive Plan.

9.20. Streets.

  1. The street or alley layout shall provide access to all lots and parcels of land within the subdivision, and where streets cross other streets, jogs shall not be created;
  2. Proposed streets shall be adjusted to the contour of land so as to produce usable lots and streets of reasonable gradient;
  3. Certain proposed streets, where appropriate, shall be extended to the boundary lines of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity;
  4. Wherever there exists a dedicated of platted portion of a street, or alley adjacent to the proposed subdivision, the remainder of the street or alley to the prescribed width should be platted within the proposed subdivision;
  5. Right-of-way widths of arterial streets shall conform with the thoroughfare plan;
  6. The minimum right-of-way of collector streets shall be sixty-six (66) feet and of local streets shall be fifty (50) feet, except in the case of marginal access streets which may have a minimum width of forty (40) feet. All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter of one hundred (100) feet and not nearer than fifty (50) feet to the subdivision or block boundary;
  7. Alleys shall be discouraged in residential districts but should be included in commercial and industrial areas where needed for loading and unloading or access purposes and shall have a minimum width of twenty (20) feet. A place should be discouraged in all areas and will be permitted only in special instances as determined by the Plan Commission;
  8. The center lines of streets should intersect as nearly at right angles as possible;
  9. At intersections of streets and alleys, property line corners shall be rounded by arcs of at least fifteen (15) feet radii or by cords of such arcs;
  10. At intersections of streets the property line corners shall be rounded by the arcs with radii of not less than twenty (20) feet, or by chords of such arcs;
  11. If the smaller angle of intersection of two (2) streets is less than sixty (60) degrees, the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Commission;
  12. Intersections of more than two (2) streets at one point shall be avoided;
  13. Where special types of streets are involved, the Commission may apply special standards to be followed in their design;
  14. Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way or a highway designated as a “Limited Access Highway” by the appropriate highway authorities, provision shall be made for a Marginal Access Street, or a parallel street at a distance acceptable for the appropriate use of the land between the highway or railroad and such streets;
  15. Horizontal visibility on curved streets and vertical visibility on all streets must be maintained along the center line as follows:
    1. Limited Access Highways: To be determined by the Commission but generally not less than five hundred (500) feet;
    2. Primary Arterial Streets and Secondary Arterial Streets: Four hundred (400) feet;
    3. Collector and Local Streets: Two hundred fifty (250) feet;
  16. Curvature measured along the center line shall have a minimum radius as follows:
    1. Limited Access Highways: One thousand (1,000) feet;
    2. Primary Arterial Streets: Five hundred (500) feet;
    3. Secondary Arterial Streets: Three hundred (300) feet;
    4. Collector and Local Streets: One hundred (100) feet (residential);
      two hundred (200) feet (non-residential);
  17. Between reserved curves on Arterial streets a tangent of not less than one hundred (100) feet shall be provided and on Collector and Local Streets such a tangent shall be not less than fifty (50) feet;
  18. Maximum Grades:
    1. Arterial Streets, not greater than six (6) percent;
    2. Collector and Local Streets and alleys, not greater than eight (8) percent;
    3. The minimum grade of any street/gutter shall not be less than four tenths (0.4) percent.
  19. The minimum length of vertical curves should be one hundred (100) feet, but not less than twenty (20) feet for each percent of algebraic difference in grades.
9.30. Blocks.
  1. Blocks shall not exceed fifteen hundred (1,500) feet in length;
  2. Blocks shall be sufficient width to permit two tiers of lots of appropriate depth except where an interior street parallels a Limited Access Highway or Arterial Streets.
9.40. Lots.
  1. All lots shall abut on a street, cul-de-sac or place;
  2. Side lines of lots shall be at approximate 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;
  3. Double frontage lots should not be platted, except that where desired along Arterial, Limited Access Highways or streets, lots may face on an interior street and back on such thoroughfares. In that event a planting strip at least twenty (20) feet in width for a screen shall be provided along the back of the lot;
  4. Widths and areas of residential lots shall be not less than provided in the Zoning Ordinance for single-family dwellings for the district in which the subdivision is located, except that when a water main supply system or a sanitary sewer system is not available, the lot area necessary to install a private water supply or private sewage disposal on the lot in accordance with the State and County Boards of Health regulations shall become the required minimum lot area;
    1. The lot width of rectangular residential lots that abut or are adjacent to lots in previously platted subdivisions must equal at least 90% of the lot width of the average existing platted lots. However, in no case shall the minimum lot width requirement exceed 90 ft.
    2. The lot area of irregularly shaped lots (ie. those on cul de sacs etc.) that abut or are adjacent to existing platted lots must equal at least 100% of the lot area of those lots to which they are adjacent to or abutted.
  5. Whenever possible, unit shopping centers, based upon sound development standards should be designed in contrast to the platting of lots for unrestricted commercial use;
  6. Corner residential lots shall be wider than normal in order to permit appropriate and continuous setbacks from both streets.
9.50. Easements: Where alleys are not provided, easements for utilities shall be provided. Such easements shall have minimum widths of fifteen (15) feet, and where located along lot lines, one half the width shall be taken from each lot. When such easements are to be located along the boundary of the plat, the full width of the easement may require within the plat at the discretion of the Commission. Before preparing the final plat, the plan of easements shall be discussed with the local public utilities to assure their proper placing for the installation of such services.

9.60. Building Setback Lines. Such lines shall be as provided in the Zoning Ordinance or as the Commission may determine, but in no case shall it be less than twenty percent (20%) of the lot depth. In the case of very deep lots the maximum lot depth to be considered shall be one hundred fifty (150) feet subject to Sec. 10.20 1) a) (ii) or unless specifically required otherwise by the Commission.

9.70. Public Open Spaces. Where proposed sites for parks ,schools, playgrounds, or other public uses are located within the subdivision area, or where such sites appear to be desirable, the Commission may request their reservation for a period of one (1) year following the date of the final approval of the plat. In the event a governmental agency concerned passes a resolution expressing its intent to acquire the land so reserved, the reservation period shall be extended for an additional six (6) months.

9.80. Drainage Right-of-Way. Whenever a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a Drainage Right-of-Way, notwithstanding the provisions or the Madison County Drainage Board, which shall be for the purpose of widening, improving or protecting the stream. The width of the Drainage Right-of-Way shall be adequate for any necessary channel relocations and straightening. Parallel Streets may be required in connection therewith.

9.90. Flood Prone Areas. Developers shall record the 100-year flood elevation on subdivision plats containing lands (identified elsewhere by this and other ordinances) within a flood hazard area prior to submitting the plats for approval by the Plan Commission.

SECTION 10.00: THE FINAL PLAT
The final plat of the subdivision shall conform to the following standards of improvements:
10.10. Monuments and Markers.

  1. Shall be so placed so that the scored or marked point shall coincide exactly with the intersection of lines to be marked, and shall be set so that the top of the monument is level with the surface of the surrounding ground after final grading.
  2. Monuments shall be set:
    1. At the intersection of all lines forming angles in the boundary of the subdivision;
    2. At the intersection of Street Centerlines and at the beginning and ending of all curves or angles along the Street Centerline.
  3. Markers shall be set:
    1. At the beginning and ending of all curves along street property lines;
    2. At all points where lot lines intersect curves, either front or rear;
    3. At all angles in property lines of lots;
    4. At all other lot corners;
    5. At a given distance from the lot corner on the property line where the lot corner falls in a stream or other accessible place.
  4. Monuments shall be or concrete or stone with a minimum size of four (4) inches by four (4) inches by three (3) feet, and shall be marked on top with a five-eights (5/8) inch iron dowel embedded within and set flush with the top of the monument. It shall be permissible when set in a concrete street to the cement an iron dowel in a drilled hole. Monuments in asphalt streets shall be a driven (or drilled-in five-eights 5/8 inch steel rod two (2) foot in length. (sic)
  5. Markers shall consist of iron pipes or iron steel bars at least two (2) feet long, and not less than five-eights (5/8) inches in outside diameter.
10.20. Other Improvements. The improvements which shall be required to be installed by the subdivider will vary with the location of the subdivision in relation to the corporate boundary of the City and the number of families to be accommodated per acre of gross area included in the subdivision.
  1. Streets: Streets shall be completed to grades shown on plans, profiles and cross sections approved by the City Board of Public Works.
    1. Streets shall be surfaced to a minimum width, according to the type of street, as follows:
      1. Primary, Arterial and Collector Streets - Twenty-six (26) feet where no parking is to be permitted; thirty-two (32) feet where parking is to be permitted on one (1) side of the street; forty (40) feet where parking is to be permitted on both sides of the street.
      2. Local Streets - Twenty-six (26) feet where no street parking is to be permitted; the minimum setback line is forty (40) feet and a driveway of sufficient size to permit the off-street parking of three (3) cars is provided; in all other cases the minimum surfaced width shall be thirty-two (32) feet.
      3. Curb and gutter shall be required to be installed along the edges of all streets and the widths required above shall include the curb and gutter.
    2. The street surface shall be of portland cement concrete or a flexible pavement, and shall be constructed in accordance with design characteristics at least equal to those given below, and construction shall be performed in accordance with the current Indiana Department of Highways Standard Specifications, and specifications approved by the City Board of Public Works and on file in the Office of the City Engineer.
      DESIGN CHARACTERISTICS OF STREET PAVEMENT
      Type Of Street
      Kind Of Pavement Primary
      Arterial      		 Arterial Secondary
      Collector      		 Local
      CONCRETE*
      Uniform Design
      Thickness**      		 9" 8" 7" 6"
      FLEXIBLE*
      Asphaltic Surface
      Course      		 1" 1" 1" 1"
      Hot Asphaltic Binder
      Course      		 6" 6" 4" 4"
      Sub-Base #53
      Compacted Aggregate       		9" 8" 8" 6"
      Total Thickness** 16" 15" 13" 11"

      DESIGN CHARACTERISTICS OF STREET PAVEMENT
      Type Of Street
      Kind Of Pavement Primary
      Arterial      		 Arterial Secondary
      Collector      		 Local
      FULL DEPTH ASPHALT* Asphaltic Surface Course 1" 1" 1" 1"
      Hot Asphaltic Binder Course 4" 3" 3" 3"
      Hot Asphaltic Stabilized Base 8" 8" 7" 5"
      Total Thickness** 13" 12" 11" 9"
      *Intersections and parking strips on Local Streets, use Collector Street design characteristics.
      **Asphalt, concrete and pavement base materials measuring less than the specified thickness by more than 1/4 inch shall not be accepted by the Board Of Public Works.

  2. Curb and Gutter; Curb and gutter shall be placed according to grades shown on plans, profiles and cross-sections approved by the City Board Of Public Works. They shall be constructed with plain portland cement concrete and in the manner shown for the Integral or Combined curbs, except in the case of Arterial Streets where the Separate Curb may be required. Roll curbs may be used in Collector and Local Streets when the distance between the back of the curb and the nearest edge of a sidewalk is three (3) feet or more.
  3. Sidewalks: Sidewalks shall be provided as follows:
    1. Sidewalks on each side of the Primary, Arterial, or Collector Street within a subdivision shall be provided by the subdivider when the subdivision averages two (2) or more lots per gross acre.
    2. Sidewalks on one or both sides of a street within a subdivision shall be provided by the subdivider when in the judgement of the Commission sidewalks are necessary for the safety of access to places of public assembly including schools, parks, and churches.
    3. Sidewalks when required shall be placed according to the grades shown on plans, profiles and cross-sections approved by the City Engineer and the Board Of Public Works. They shall be constructed of portland cement concrete with a minimum thickness of four (4) inches and a minimum width of four (4) feet. A minimum thickness of six (6) inches shall be required where used as a part of a driveway.
    4. When sidewalks are required, ramps suitable to the safe movement of mobility impaired persons shall be provided by the subdivider. A ramp shall not have a slope greater than one (1) foot rise in twelve (12) feet, or 8.33 percent, or four (4) degrees fifty (50) minutes. The specific design of such ramps shall be approved by the City Engineer and the Board Of Public Works and shall conform to the recognized standards of the Indiana Department of Highways, the American National Standards Institute, Inc. and the U.S. Department Of Health, Education and Welfare, or any other applicable agency.
  4. Sewage Disposal: The subdivider shall provide for the disposal of sewage in the subdivision by one of the following methods:
    1. Sewerage System
      1. A complete sanitary sewer system which shall connect with a sanitary sewer outlet approved by the City Engineer and the Board Of Public Works.
      2. A complete sanitary sewer system which shall be plugged and capped when a sanitary sewer outlet is not available within a reasonable distance from the subdivision site.
      3. The plans and specifications for the complete sanitary sewer system shall be prepared by the subdivider in compliance with the Master Plan for Sewers and Sewage Treatment dated September, 1961, or as amended and shall be approved by the City Engineer, the Board Of Public Works, and the State Board Of Health. Upon completion of the sanitary sewer installation, the plans for such system as built shall be filed with the City Engineer.
    2. Private System - One of the following:
      1. A complete sanitary sewer system convey the sewage to a treatment plant, to be provided by the subdivider in accordance with minimum requirements of the City Engineer and the Board Of Public Works, the County Health Department and the State Board Of Health.
      2. Private sewage disposal system on individual lots consisting of a septic tank and tile absorption field or other approved sewage disposal system, when laid out in accordance with minimum standards of the County Health Department and the State Board Of Health.
    In this paragraph “4), Sewage Disposal” the next paragraph “5) Water Supply” the phrase "THE SUBDIVIDER SHALL PROVIDE" shall be interpreted to mean that the subdivider shall install the facility referred to or, whenever a private sewage disposal system or an individual water supply is to be provided, that the subdivider shall require as a condition of the sale of each lot or parcel in the subdivision, that the facilities referred to in these paragraphs shall be installed by the developer of the lots in accordance with these regulations. In all instances the subdivider shall provide a complete sanitary sewer system as specified in 4), a), ii) within the boundaries of the subdivision even though no sanitary sewer outlet is available.
  5. Water Supply: The subdivider shall provide the subdivision with a source of water for domestic use by one of the following methods:
    1. Water Main System - A complete water main supply system which shall be connected to the water utility system serving the City.
    2. Private Supply - An individual water supply on each lot in the subdivision in accordance with the minimum requirements of the County Health Departments.
  6. Storm Drainage and Sediment Control:
    1. General Requirements - The sub-divider shall provide the subdivision with a storm drainage system adequate to convey expected rainfall as follows: The storm water drainage system shall be separate and independent of any sanitary sewer system. The Commission shall not recommend for approval any subdivision plat which does not make adequate provision for storm or floodwater runoff through properly designed conduits, channels, or basins. Storm drainage systems shall be designed to the Storm Drainage and Sediment Control Ordinance for the City of Anderson. Copies of the design computations shall have been submitted and approved with development plans for the project.
    2. Design Criteria:
      1. (sic) The plans for the construction of the required drainage facilities shall be based upon a report which includes an evaluation of the proposed development, tributary drainage areas, outfall conditions and impact upon the overall drainage systems of the general area. The principal criteria to be observed is the release rate of storm water from the developments may not exceed the storm water runoff from the land area in its present state of development, or the present capacity of the receiving channel. Hydrograph techniques and/or computer modeling methods shall be used for areas larger than two hundred (200) acres.
      2. (sic) The subdivider shall be required to carry away water by either conduit or open channel from either storm or high ground water conditions that may exist either previously to, or as a result of the proposed subdivision. The drainage facilities provided shall be located in the street right-of-way where feasible, or in perpetual, unobstructed easements of appropriate width. Maintenance covenants or agreements shall be provided by the subdivider or subsequent lot owners in the case of easements for the perpetual maintenance of the drainage facilities.
      3. (sic) Outflow discharge rates from the subdivision drainage system shall be based upon the runoff standards of the Storm Drainage and Sediment Control Ordinance on the existing undeveloped property. The outflow discharge rates may be further restricted if the City Engineer and Commission determine the receiving facility is inadequate to handle the flow.
      4. (sic) Inlets and Catch Basins shall be provided so that surface water is not carried across or around any intersection, nor for a distance of more than six hundred (600) feet in the gutters of when the encroachment of storm water into the streets impede traffic. When calculations indicate that curb capacities are exceeded at a point, no further flow shall be permitted beyond that point and inlets of catch basins shall be used to intercept flow at that point. The grading plan shall include surface water drainage patterns for each and every lot and block for the entire proposed area to be drained.
      5. (sic) Subsurface drains shall be constructed at all street grade low points to a minimum distance of one hundred (100) feet either side of the low point parallel to and one (1) foot outside the back of each curb line. These subsurface drains shall be connected to the drainage structures located at the street low points. The placement of additional subsurface drains may be required by the City Engineer in areas affected by high ground water tables.
      6. (sic) Design accommodations shall be provided with the drainage system for all upstream drainage areas whether inside or outside the proposed subdivisions. These calculations shall be based upon the Storm Drainage and Sediment Control Ordinance.
      7. (sic) Areas of Poor Drainage - Areas which are not in the Floodway but contain soils which are subject to flooding may be approved for subdivision by the Commission, provided that the subdivider fills the affected areas of said subdivision in an acceptable manner to an elevation sufficient to place building sites and streets two (2) feet above ponding levels.
      8. (sic) Areas of High Seasonal Water Tables - In areas characterized by soils having a high seasonal water table as determined by the Madison County Soil and Water Conservation District, lots shall be limited to slab type constructions unless the Commission determines that appropriate engineering techniques will be applied to alleviate the subsurface problem.
      9. (sic) Floodway Areas - If a subdivision of land is proposed within the Floodway it shall be preserved and not diminished in capacity by filling or obstruction, except as approved by the Natural Resources Commission in writing. No residential building site may be located within the Floodway.
      10. (sic) Floodway Fringe Areas - Where a subdivision is proposed in an area of the Floodway designated as a Floodway Fringe, the Commission may approve such subdivision provided that : all lots for residential usage have a Flood Protection Grade two (2) feet above the Regulatory Flood elevation; where provided, water and sanitary sewer facilities are constructed to eliminate contamination of or by, flood water; and, approval to fill the area from the Natural Resources Commission has been obtained in writing.
      11. (sic) Floodway Plain - Where a subdivision is proposed within an area of the Floodway Plain for which Floodway and Floodway Fringe designations have not been made, the Commission shall not approve such a subdivision unless all streets are raised sufficiently to be above the Regulatory Flood Elevation; all lots for residential usage have a Flood Protection Grade of two (2) feet above the Regulatory Flood Elevation; where provided, public water and sanitary sewer facilities are constructed to eliminate contamination of or by flood water; and, filling to achieve the above will not raise the level of the Regulatory Flood Elevation more than one-tenth (1/10) of one (1) foot for that reach of the stream. All filling in the Floodway must be approved in writing by the State Natural Resources Commission.
      12. (sic) Recording of Plats in the Floodway and Flood Fringe - All final plats having within their boundaries areas whose elevation is below that of the Regulatory Flood Elevation shall show and label the Regulatory Flood Boundary and elevation, as of the date the final plat is drawn, on the final plat for recording.
  7. Street Signs: Standard City street signs shall be installed by the subdivider at all street intersections.
  8. Street Lights: A street lighting system shall be provided by the subdivider in accordance with the recommendations of the Municipal Electric Utility.

SECTION 11.00: NON-RESIDENTIAL SUBDIVISIONS
11.10. It a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Commission may require.
A nonresidential subdivision shall be subject to all the requirements of site plan approval set forth in the zoning ordinance. Site plan approval and non-residential subdivision plat approval may proceed simultaneously at the discretion of the Commission. A nonresidential subdivision shall also be subject to all the requirements of these regulations, as well as such additional standards required by the Commission, and shall conform to the proposed land use and standards established in the Comprehensive Plan.

11.20. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Commission that the street - parcel - block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

  1. Each nonresidential area or parcel shall be shown and marked on the plat as to its intended use.
  2. Proposed parcels shall be suitable in area and dimensions to the types of development anticipated.
  3. Special requirements may be imposed by the Board Of Public Works with respect to street, curb, driveway, and sidewalk design and construction.
  4. The City Engineer shall approve in writing, prior to Final Plat approval, a provision that the proposed nonresidential development will not conflict with traffic circulation patterns, and the requirements for driveway location and design can reasonably be implemented at no cost to the City and/or State of Indiana.
  5. Special requirements may be imposed by the Board Of Public Works with respect to the installation of public utilities, including water, sewer, street lighting, electrical service and storm water facilities.
  6. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed nonresidential subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
  7. Truck Route shall be established so as to prevent industrial traffic from encroaching into adjacent residential areas.
  8. To the greatest degree possible nonresidential subdivisions shall be located on major thoroughfares or arterial and local residential streets shall not, to the extent feasible, to be extended into nonresidential subdivisions.

SECTION 12.00: PLAT APPROVAL ASSURANCES
12.10. Certified Report on Improvements.
At the time of submission for approval of the Final Plat by the Commission, the applicant’s professional engineer or registered land surveyor shall provide a detailed report on all improvements and installations planned for and within the subdivision. The applicant’s professional engineer or registered land surveyor shall certify that all improvements and installation have been constructed and completed as required in this ordinance as specified in the approved construction plans on the Final Plat as approved by the Commission. All improvements and installation for but outside the subdivision shall be certified by the applicant’s professional engineer.

12.20. Inspection of Improvements.
During the time of construction of the improvements and installations, periodic inspections of the site may be made by the City Engineer. If the City Engineer finds upon inspection that any of the required improvements and installations have not been constructed and/or completed on (sic) accordance with this ordinance and as specified in the approved construction plans on the final plat as approved by the Commission; then and in that event the applicant shall be responsible for correcting any errors in construction and completing the improvements and installations as required. Whenever the cost of improvements is covered by a performance bond, the applicant and the surety shall be jointly and severally liable for completing said improvements.

12.30. Completion of Improvements.
In submitting the Final Plat to the Commission, it shall be accompanied by a certificate from the governmental units exercising jurisdiction over physical improvements that all improvements within their jurisdiction have been installed in accordance with approved plans and specifications; and that a three (3) year maintenance bond in an amount not less than twenty-five percent (25%) of the total cost of the improvements has been provided for any street, sanitary and storm sewer improvements, as is executed to the City Board Of Public Works. Or the applicant shall post a bond which shall;

  1. Run to the Board;
  2. Be in an amount equivalent to one hundred and twenty-five percent (125%) of the estimated cost of improvements;
  3. Be with surety satisfying to the Commission;
  4. Specifies a time of completion of the improvements and installation based upon the approval by the Commission; and
  5. Requires the posting of a three (3) year maintenance bond covering street, sanitary, and storm sewer improvements in an amount not less than twenty-five percent (25%) of the bond. The maintenance bond shall run to the Board and be effective as of the date of acceptance by the Board of such street, sanitary and storm sewer improvements.

SECTION 13.00: VARIANCE
VARIANCE: Where the subdivider can show that a provision of this ordinance would cause unnecessary hardship if strictly adhered to, or where strict adherence to the ordinance would not substantially serve the public health, safety, and welfare, or be otherwise substantial public utility, and where, in the opinion of the Commission, because of topographical or other conditions peculiar to the site a departure may be made without destroying the intent of such provision, the Commission may authorize a variance. Any variance thus authorized is required to be entered in writing in the minutes of the Commission and the findings of fact on which the departure was justified shall be set forth.

SECTION 14.00: PLAT CERTIFICATES
Each secondary plat submitted to the Commission shall carry the following certificates:

CERTIFICATES
14.10. UNDER AUTHORITY PROVIDED BY INDIANA CODE TITLE 36, ARTICLE 7, CHAPTER 1-18 ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO, AND ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ANDERSON, INDIANA THIS PLAT WAS GIVEN APPROVAL BY THE CITY OF ANDERSON AS FOLLOWS:

Approved by City Plan Commission at a meeting held ________________.

President _________________.

Secretary _________________.

14.20. Each final plat submitted to the Commission for approval shall carry a certificate signed by a registered land surveyor in substantially the following form: "I,___________________________________________, hearby certify that I am a Registered Land Surveyor, licensed in compliance with the laws of the State of Indiana; that this plat correctly represents a survey completed by me or under my direction on ________________________________________________________________________."

Signature ____________________ 14.30. Each final plat submitted to the Commission for approval shall carry a deed or dedication in substantially the following form: "We the undersigned,_______________________________________________________________________, owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, an do hereby lay off, plat and subdivide, said real estate in accordance with the within plat." This subdivision shall be known and designated as _______________________________________________________________________________, an addition to _________________________________________________________________________.

All streets and alleys shown and not heretofore dedicate, 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 property lines of the street, there shall be erected or maintained no building or structure.

There are strips of ground fifteen (15) 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 or trees are to be erected, placed or maintained upon said strip 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, would be inserted here upon the subdivider’s initiative or the recommendation 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 habitual floor area.) No fence, wall, hedge, shrub planting or trees which obstructs sight lines at elevations between three (3) and twelve (12) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting then at points fifteen (15) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. The foregoing covenant (or restrictions), are to run with the land and shall be binding on all parties and all persons claim under them until January 1, 20 (a twenty-five (25) year period is suggested), at which time said covenants (or restrictions), shall be automatically extended for successive periods of ten (10) years unless changed by vote of a majority of them then the owners of building sites covered by these covenants, or restrictions, in whole in part. Invalidation of any one of the foregoing covenants, or restrictions by judgement 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 structures or part thereof erected or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several lots in this subdivision and to their heirs and assigns.” WITNESS our HANDS and SEALS this day of , 20 . STATE OF INDIANA ) ) SS: COUNTY OF MADISON ) Before me the undersigned Notary Public, in and for the County and State, personally appeared , and each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed. WITNESS my Hand and Notarial Seal this day of , 20 Notary Public, Residing in Madison County, Indiana Printed Name My Commission Expires: Under authority of Indiana Home Rules Statutes, and I.C. 36-7-4-700 et. seq. enacted by the General Assembly of the State of Indiana and all acts amendatory thereto and Ordinance adopted by the Common Council of the City of Anderson, Indiana, this Plat was given approval by the City of Anderson, as follows: Approved by the City of (sic) Plan Commission at a meeting held this day of , 20 . President Secretary Approved by the Anderson Board of Public Works, Anderson, Indiana this day of , 20 . Chairman Member Member Recorded this day of , 20 at o’clock m. in Plat Book , Page , No. . Recorder of Madison County, IN Duly entered for taxation this day of , 20 . Auditor of Madison County, IN

SECTION 15.00: VALIDITY
Should any section, subsection, paragraph, clause, word or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole of any part thereof other than the part so declared so unconstitutional or invalid.

SECTION 16.00: REPEALERS
Ordinance number 2317 of the Code of Ordinances for the City of Anderson, Indiana is hereby repealed in its entirety. Any other ordinances or parts of the ordinances found to be in conflict with the provisions of this ordinance shall also be and the same hereby are repealed.

SECTION 17.00: ENFORCEMENT
17.10. The Department shall enforce these regulations and bring to the attention of the Legal Department of the City of Anderson any violations or lack or compliance herewith.

  1. No owner, or agent of the owner, of any parcel or land located in a proposed subdivision shall transfer or sell any such a (sic) parcel before a plat of such subdivision has been approved by the Plan Commission, in accordance with the provisions of these regulations, and filed with the County Recorder.
  2. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by these regulations until the proposed subdivision has been approved by the Commission in accordance with these regulations.
  3. No building permit shall be issued for the constructions of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations.
  4. Legal counsel shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation or these regulations.

SECTION 18.00: PENALTIES FOR VIOLATION, RIGHT OF INJUNCTION
Action on the violation of any provisions of this ordinance and the right of injunction against such violations shall be subject to the authority granted to municipalities the provisions of Indiana Code Title 36 and all acts of the General Assembly of the State of Indiana amendatory thereto. Any person, or persons, firm or corporation who violates a provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined in a sum not more than Twenty-Five Hundred Dollars ($2, 500). In the event the offense or violation is a continuing one, extending from one day until the next, separate offense or violation shall be deemed to have committed each day involved and shall be subject to a separate penalty under the provisions hereof. Further, the Anderson City Plan Commission may institute a suit for injunction in a court of competent jurisdiction to restrain any person, persons, firm or corporation from violating the provisions of this ordinance and may also institute a suit for a mandatory injunction directing removal of any structure erected in violation of the terms of this ordinance.

SECTION 19.00: ADOPTION
This ordinance shall be in full force and effect from and after its passage by the Common Council of the City of Anderson and approval by the Mayor and publication as by law provided.
PASSED AND ADOPTED by the Common Council of the City of Anderson, this ______ day of _____________________________________, 20____.