ARTICLE 5: SUBDIVISION
ARTICLE 5: SUBDIVISION
5-1: GENERAL PROVISIONS
This Article 5 shall be known and cited as the Subdivision Control Regulations of the County of Starke, Indiana, and shall be inclusive with, and supplementary to the Starke County General Zoning Ordinance Z-1, and shall be administered in full accordance with the provisions delineated in the Starke County Subdivision Comprehensive Program.
These regulations are authorized by Indiana Code, 36-5-7-4, 1981, as subsequently amended.
It is hereby declared to be the policy of the County of Starke, Indiana to consider the subdivision of land and the subsequent development of the subdivided plat and unit development plan as subject to the exclusive control of the Starke County Plan Commission pursuant to a comprehensive planning objective to maintain orderly, planned, efficient, and economical development within the jurisdictional planning area of the Starke County, Indiana Plan Commission.
The purpose of these regulations are to protect and promote the public health, safety, and general welfare and to provide for:
- Subdivided land of such character that it may be used for safe building purposes without danger to health or peril from fire, flood, or other menace, with required provisions for drainage, water and sewerage with consideration of facilities for recreation and schools, transportation requirements and other elements of viable community infrastructure.
- To encourage, when feasible, the development of land and construction through planned unit residential developments in order to achieve a maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building set-backs, and area requirements, with full consideration of the provisions set forth in Paragraph 1, this Section 5-1-4, in order to provide more efficient use of land than is generally achieved through conventional development, resulting in substantial savings through shorter utilities and streets, and other public improvements.
- A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the natural drainage patterns from being disrupted and a more useful designation of open space and recreational areas, and, if permitted as part of the subdivision, more convenience in the location of accessory commercial uses and services.
- Consideration of the preservation of useful agricultural land, woodland, wildlife, and wetland resources and the compatibility of these and other uses with the development under study.
- Provide for adequate air, light, and privacy, prevention of overcrowding or undue congestion, prevention of pollution of air and water and ensure proper drainage facilities to safeguard the water table and minimize flooding conditions.
- Avoidance of scattered and uncontrolled subdivisions that would result in the unnecessary imposition of excessive expenditures of public funds for the supply of community services and establishment of reasonable standards of design and minimum requirements for the installation and improvement of physical facilities which will be maintained for the benefit and use of the general public.
- Employ reasonable standards and procedures for major and minor subdivisions, re-subdivisions and planned unit developments, in order to further the orderly layout and use of land, accurate legal descriptions, proper documenting of subdivided land, and administration of their regulations by defining the powers and duties of approval authorities, including the manner and form of making, filing and processing of all plats.
These regulations shall apply to all subdivisions of land, as defined herein, located within the Starke County Plan Commission jurisdictional area, described as follows: All land lying within the official boundaries of Starke County, Indiana, with the exception of the incorporated areas of the towns of North Judson and Hamlet, the City of Knox and within the two mile contiguous area of Knox, bounded on the North by County Road 200 North, on the East by County Road 600 East, on the South by County Road 300 South (Toto Road) and on the West by County Road 200 East. No land shall be subdivided within said jurisdictional area until:
- The subdivider or his agent has consulted with the Administrator for determination of all requirements necessary for subdivision approval consideration.
- Certification of primary approval and date has been endorsed on the subdivision plat with signatures of the Commission President and the Administrator, and secondary approval has been endorsed with signature of the Administrator.
- The Board of Commissioners has endorsed all capital improvements to be dedicated for public use, approved the final construction of such improvements, and/or accepted the specified completion and maintenance bonds, assuring such completion or maintenance.
- A copy of the recorded plat, bearing the County Auditor and Recorder certifications, has been returned to the Administrator.
All subdivisions and planned unit developments as defined herein shall comply with the provisions of these regulations, and shall be held to be the minimum requirements.
- In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements.
- Questions of interpretation shall be resolved by the Plan Commission and their attorney after all interested parties have been heard.
- These regulations shall supplement all other regulations and where at variance with other laws, regulations, ordinances or resolutions, legally in effect, the more restrictive requirement shall apply.
5-1-7: Combining of Permits
The Plan Commission is hereby required to coordinate with other interested departments and agencies concerning all permits which may be required in these subdivision regulations and all lawful previously or subsequently adopted ordinances.
When the Plan Commission is assured through its findings, based upon the evidence presented to it in each specific case that extraordinary hardships or practical difficulties may result from the strict compliance with these regulations, and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose or these regulations, and further provided that:
- The granting of the variance will not be detrimental to the public safety, health or welfare, or injurious to other property.
- The conditions upon which the request for variance is based, are unique to the property in question and not generally applicable to other properties.
- Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out.
- The variance will not in any manner vary the provisions of the Starke County Zoning Ordinance Z-1, or fail to accomplish the purpose and intent of an overall comprehensive plan. Such variances shall be appealed and processed before the Starke County Board of Zoning Appeals as set forth in the Zoning Ordinance, except as provided in this Article for the development of Planned Unit Developments.
- In approving variances, the Commission may require such conditions as will in its judgement, secure substantially the objectives of the standards or requirements of these regulations.
- Petitions for variances shall be submitted by the subdivider with the subdivision plat. Such petition shall state fully all the facts and grounds necessary to substantiate the request.
5-1-9: Public Hearing
No major subdivision plat shall be considered for primary approval until at least one (1) public hearing has been held by the Commission and the testimony therefrom has been given full consideration in the decision rendered.
- Public hearings shall be advertised in a newspaper of general circulation within Starke County for publication at least ten (10) days prior to the date set for hearing and the subdivider shall be required to submit a Notification Affidavit on a form prepared by the Commission, certifying that all property owners of record, contiguous to the parcel to be subdivided, have been notified by registered mail of the date, time, and location of said hearing, at least ten days prior to such date.
- The Plan Commission, at its discretion, may waive public hearing when a minor subdivision plat is under consideration, however, the Notification Affidavit shall be required as set forth in paragraph A above. Such waiver shall require a quorum vote.
For the purpose of protecting and promoting public health, safety, and general welfare, the Commission may from time to time amend the restrictions imposed by these regulations.
- Public hearings on all proposed amendments shall be held by the Commission under the same procedure outlined in Section 5-1-9 prior to formal approval and recommendation to the Board for final decision.
- All such amendments having received final approval by the Board shall be filed accordingly with the County Recorder by the Administrator.
The Commission may occasionally find that in the interests of efficiency, economics, expediency or practicality, it may become necessary to revise certain Commission procedures, set forth in these regulations. Such changes may be authorized by resolution through quorum vote by the Commission.
5-1-12: Re-subdivision — Re-plat
For any change in a map of an approved or recorded subdivision plat, such change(s) shall be considered a re-subdivision and shall be subject to approval by the same procedure, rules, and regulations as required for a new subdivision.
- This requirement shall include a re-subdivision that affects any street lay-out shown on such map, or area reserved thereon for public use, or any lot line, or if it affects any map or plan developed prior to the adoption of any regulations controlling subdivisions, except as defined under “Subdivision” in Section 5-2.
- Whenever a parcel of land is subdivided and the plat shows one (1) or more lots containing one (1) or more acres of land and there are indications that such lots will eventually be re-subdivided, the Plan Commission may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. An easemcnt reservation, providing for the future opening and extension of such streets, may be made a requirement of plat.
A. Application Procedures
The owners of land in a subdivision plat desiring to vacate all or part of that plat shall apply for approval of a vacation of the plat or part of the plat with the Plan Commission staff. The petitioner must:
- State the reasons for and the circumstances promoting the request; and
- Specifically describe the property in the plat proposed to be vacated; and
- Give the name and address of every other owner of land in the plat.
Not more than thirty (30) days after receipt of the petition, the Plan Commission shall announce a date for a hearing before the Plan Commission (or Plat Committee acting on the Plan Commission’s behalf). The petitioner shall pay all expenses of providing the noticed required by this section.
The Plan Commission or Plat Committee may approve a request to vacate all or part of a plat if it makes a determination that:
- Conditions in the platted area have changed so as to defeat the original purpose of the plat;
- It is in the public interest to vacate all or part of the plat; and
- The value of that part of the land in the plat not owned by the petitioner will not be diminished by the vacation.
The Plat Committee may impose reasonable conditions as a part of any approval.
- At least thirty (30) working days prior to the Plan Commission meeting at which the request will be heard, a petition requesting the vacation of the plat or pan of the plat shall be filed with the enforcement official accompanied by a fee as established under this ordinance. The petition shall include the names and addresses of adjacent property owners and other interested parties.
- The petition for vacation of the plat or part of the plat will be scheduled for a public hearing review by the Plan Commission.
- Public Hearing
The Plan Commission shall hold a public hearing on the proposed vacation of the plat or part of the plat after ensuring due notice has been given to all interested parties. The petitioner is required to notify all adjacent property owners and other interested parties by certified or registered mail.
- Final Decision
The Plan Commission shall forward its recommendation to the Board of Commissioners, which shall make the final decision.
- Plat Vacation; Record
A copy of the vacated plat or part of the plat shall be filed in the Office of the Plan Commission and enforcement official, after recording, so accurate subdivision maps are maintained.
In a case in which all of the owners of land in a plat are in agreement to a proposed vacation of the plat, the owners may file a written instrument to vacate all or part of that plat. That written document offered for later recording must first be submitted to the Plan Commission, or Plat Committee, as the Plan Commission may so designate. Such agreed vacation of all or part of a plat may be granted without the requirement of a hearing. If approved, such written instrument must be executed, acknowledged, and recorded in the same manner as a deed to land and must comply with all of the requirements of I.C. 36-7-3-10.
At the time of filing an application for Plan Commission review and approval of a subdivision plat, applicant shall pay an amount of fees established by the Commission in a schedule of fees for checking and verification of such plat and for other services in connection therewith including public hearing and other notification costs as required.
5-1-15: Appeal by Certiorari
The primary approval or disapproval of a subdivision plat, or the imposition of a condition of primary approval, is a final decision of the Plan Commission that may be reviewed by certiorari procedure as set forth in l.c. 36-7-4-1003.
Any person aggrieved by the final decision of the Commission, may present to the Starke County Circuit Court, a verified petition, setting forth that the decision is illegal in whole or in part and specifying the grounds of the illegality. No change of venue from Starke County may be had in any cause arising under this section. Such petition shall be presented to the Circuit Court no later than thirty
(30) days from the date of entry, the decision, or order being challenged.
Should any section, subsection, paragraph, clause, word or provision of these regulations be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect, the validity of the regulations as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
It shall be the duty of the Administrator to perform whatever investigation necessary to detect and correct any violation of these regulations and to bring before the Commission and their attorney any lack of compliance therewith.
- No owner or agent of the owner, of any parcel of land located within a proposed subdivision, shall transfer or sell any part of such parcel before a plat of such subdivision has been approved and duly recorded in accordance with the provisions of this Article, but if done in violation hereof, no permit for construction or land use shall be issued prior to the recording of the subdivision plat.
- The Plan Commission shall, in addition to taking whatever action deemed necessary to maintain compliance with the terms of this ordinance, require their attorney to take steps to civilly enjoin any violation of these regulations.
- Failure to comply with the provisions of a Court order and its requirements, shall constitute a contempt, and any person, firm, or corporation who commits such contempt, may be assessed an amount not to exceed five hundred ($500.00) dollars. The land owner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in, or maintains such contempt, may be found in contempt on a separate offense, and each day such contempt continues shall be considered a separate offense.
- Nothing herein contained shall prevent the Plan Commission, County Commissioners, or any other public official or private citizen from taking such lawful action as may be found necessary to restrain or prevent any violation of these regulations.
5-1-18: Repeals, Approvals, and Effective Date
All other Starke County regulations or parts thereof, in conflict with these regulations are hereby repealed to the extent necessary to give this ordinance full force and effect as amended and approved.
5-2-1 : Application and Interpretation
For the purpose of these regulations, certain numbers, abbreviations, terms, words, and phrases used herein shall be used, interpreted, and defined as set forth in this section.
- Words and terms not defined herein shall have their usual accepted meaning, or as defined in the state laws regulating the creation and function of various planning agencies unless the contact indicates otherwise.
- The word “person” includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.
- The singular number includes the plural, the masculine includes the feminine, the present tense includes the past and future.
- The word “shall” is mandatory, the word “may” is permissive and the words “will” or “should” are preferred requirements.
- The words “used” or “occupied” includes the “intention” of use or occupancy and, a parcel, plot, or tract is herein interpreted to be a “lot.”
5-2-2: Words and Phrases Defined
- Administrator: An official, having knowledge in the principals and practices of subdividing, zoning, and planning, who is approved by the Commission to administer this Article 5.
- Applicant: The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
- Area of Critical Concern: A geographic area or site, regardless of size, that is significantly affected by, or has a significant effect upon natural, man-made, historic or environmental resources, or is in limited supply and is of local, regional, statewide, or natural importance.
- Block: A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
- Board: The Starke County Board of County Commissioners.
- Board of Health: An agency responsible for the administration of all public health policies and regulations in the State of Indiana.
- Bond: Any form of security including a cash deposit, escrow arrangement, collateral, property or instrument of credit in the amount and form in surety, satisfactory to the Board.
- Building: A type of construction designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind and includes structure.
- Building Site: An area proposed or provided for improvement by grading, filling, excavation, or other means for erecting pads or foundations for buildings.
- Capital Improvements: Any improvements indicated on or with a subdivision plat that are, or intended to be, dedicated for public use, such as streets, parks, recreation areas or other public places, ways, or easements.
- Central Sewer System: A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying or generally rural area.
- Central Water System: A private water company formed by a developer to serve a new community development in an outlying or generally rural area, including water treatment and distribution facilities.
- Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
- Commission: The Starke County Plan Commission, appointed by the Board in accordance with the appropriate Indiana Planning Enabling Act consisting of five (5) citizen members and four (4) County Officials who serve by virtue of their office.
- Comprehensive Plan: A document that herein may be referred to as a comprehensive plan, a comprehensive development plan or program and is a plan for an orderly physical development of the community, prepared by the Commission and adopted, pursuant to state law and including any part of such plan separately adopted and any amendment to such plan separately adopted and any amendment to such plan, or parts thereof. The document may include the general location and extent of present and proposed physical development, including, but not limited to: housing, industrial and commercial uses, streets, parks, schools, and other community facilities.
- Condominium: The individual ownership of a single unit of a multi-unit structure, together with an interest in the common land and building areas and the underlying land.
- Construction Plan: The maps, drawings, and textual descriptions that may accompany a subdivision plat and showing the specific location and design of improvements to be installed within the subdivision in accordance with the requirements of the Commission as a condition for plat approval. See Section 56-5, for further detail.
- Contiguous Property Owner: Property owners closest to the premises under consideration, including only those properties touching or separated from such area by streets, easements, channels, or other natural barriers not more than one hundred (100) feet in width.
- Council: The Starke County Council.
- County: County of Starke, Indiana whose jurisdiction includes the parcel of land under consideration.
- Covenant: A private legal restriction on the use of land, included with the subdivision plat, contained in the deed to the property and otherwise formally recorded.
- Culvert: A drain that channels water under a bridge, street, or driveway.
- Dedication: The setting apart of land or interests in land for use by the public by ordinance, resolution, or entry in the official minutes of the Board and by the recording of a plat.
- Density: A unit of measurement of the number of dwelling units per acre of land.
- Gross density is the number of dwelling units per acre of the total land to be developed, including dedicated rights-of-way.
- Net density is the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding dedicated rights-of-way.
Y: Density, High: Any subdivision with a density greater than six (6) dwelling units per acre of gross land area.
Z: Density, Medium: Any subdivision with a density of two (2) to six
(6) dwelling units per acre of gross land area.
- Density, Low: Any subdivision with a density less than two (2) dwelling units per acre of gross land area.
- Developer: Authorized agent(s) of a subdivider or the subdivider himself. The developer may be the owner of the land proposed to be subdivided, his representative, or the subdivider.
- Dwelling: A fixed structure or building, containing one (1) or more dwelling units.
- Dwelling Unit: A room or group of rooms designed and equipped exclusively for use as living quarters for only one (1) family and it’s household employees, including provisions for living, sleeping, cooking, and eating. The term shall include manufactured housing, exclusive of travel trailers or recreational vehicles.
- Dwelling, Double: A two (2) family dwelling unit, both of which are side by side on the ground floor.
- Dwelling, Duplex: A two (2) family dwelling unit with one (1) located above the other.
- Dwelling, Multiple Family: A dwelling unit containing three (3) or more family dwelling units such as apartment houses, condominiums, or connected garden apartments.
- Easement: An authorization or grant by a property owner to specific person(s) or to the public to use land for designated access purposes.
Il. Engineer: Any person who is licensed in the State of Indiana to practice professional engineering.
- Escrow: A deposit of secured cash, payable to the Board, in lieu of an amount required, and still in force, on a performance or maintenance bond, also, the arrangement for the handling of instruments or money not to be delivered until specified conditions are met.
- Feasibility Report: A written report, prepared by a qualified professional engineer or land surveyor and considered acceptable to the Commission and Health Department, pertaining to the suitability of the land to be subdivided and improved for drainage retention or dispersion, subsoil conditions related to street construction and adaptability of the soil classifications within each proposed lot for water and sewer systems as required by the Health Department and/or Board of Health. (See Section 5-6-4 for further detail.)
- Flood (or Floodwater): The temporary inundation of land adjacent to a river, stream, lake, or other body of water.
- Flood Control: The prevention of floods by control, regulation, diversion, or confinement of flood water or flood flow, according to sound and accepted engineering practice.
- Flood Hazard Area: A flood plain or portion thereof which has not been adequately protected from floodwater by means of dikes, levees, reservoirs, or other works approved by the Indiana Department of Natural Resources Commission.
00. Flood Plain: The relatively flat area or low land adjoining a river or stream which has been or may be covered by flood water. The flood plain includes the channel, floodway, and floodway fringe.
- Floodway: The channel of a river or stream and those portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any river or stream.
- Floodway Fringe: Those portions of the flood hazard areas lying outside the floodway.
- Frontage: The width along the street right-of-way line of a single lot, tract, or development area, between the side lot lines of the property. It is that side of a lot abutting a street and usually regarded as the front of a lot.
- Governing Body: The Starke County, Indiana Board of Commissioners, more correctly referred to as the Legislative Body.
- Grade: The slope of a road, street, or other public way, specified in terms of percentage (0/0).
- Health Department: An agency consisting of seven (7) members, appointed by the Board to establish rules and regulations within Starke County to carry out and provide enforcement of the policies of the Indiana State Board of Health, and to employ a nurse, sanitarian, and the necessary offce personnel to perform these functions.
- Highway: For the purposes of this Article 5, this term shall refer to all state and federal highways.
- Improvement: Any alteration to the land or other physical construction associated with subdivision and building site development.
- Improvement, Lot: Any building, structure, place, work of art, other object, or improvement of the land on which they are situated, constituting a physical betterment of real property, or any part of such betterment.
- Improvement, Public: Any drainage ditch, roadway, sidewalk, easement, park, tree, lawn, off-street parking area, lot improvement, or other facility for which the local or state government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local or state government responsibility is established.
- Improvement, Temporary: Improvement built and maintained by a subdivider during construction and prior to release of the performance bond or scheduled completion date.
- Individual Sewage Disposal System: A septic tank, seepage tile sewage system, or any other sewage treatment device, approved by the Health Department and/or the Board of Health for use in a limited area.
- Interested Parties: Generally considered to be those property owners of record, adjacent and opposite to, within on hundred (100) feet, of the land to be developed, or any other persons the Commission may consider as having a vested interest in the project under consideration.
- Jurisdiction: Jurisdiction of local government means, all land within its boundaries and any land outside its boundaries over which it is authorized to exercise powers under State Planning Legislation and these regulations.
- Land: The earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as land.
- Land Use: The development existing on land, or the proposed use of the premises.
- Land Surveyor: Any person who is licensed in the State of Indiana to practice professional land surveying.
- Local Government: For the purposes of these regulations, any city, town, or county authorized by law to enforce subdivision regulations.
- Lot: A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
Ill. Lot Area: The area of the horizontal plane of the lot bounded by the vertical planes of the front, side, and rear lot lines.
JJJ. Lot Types: Terminology used in this Article 5-1, with reference to different types of lots, is interpreted as follows:
- Corner Lot: A lot located at the intersection of two (2) or more streets, the interior angle of such intersection not exceeding 135 degrees.
- Interior Lot: A lot with only one (1) frontage on a street.
- Through Lot: A lot other than a corner lot with frontage on more than one street, usually referred to as a double frontage lot.
- Reversed Frontage Lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
KKK. Manufactured Housing: A complete dwelling designed for year-around living and delivered on wheels from the manufacturing source to a residential site, in whole or in sections, for permanent placement and occupancy.
- Mobile Home: A single unit manufactured home, no greater than fourteen (14) feet in width and transported on its own wheels, after fabrication, to the building site.
- Mobile Home Park: An area of land upon which more than two (2) mobile homes are harbored for the purpose of being occupied either free of charge or for revenue purposes, including any required roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the park facilities. Such park shall be licensed by the Board of Health when five (5) or more mobile units are involved.
- Model Home: A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision.
000. Modular Home: A manufactured dwelling, no less than twenty (20) feet in width and transported, after fabrication, on wheels to a building site in two (2) equal length halves.
- Monument: Any permanent marker either of concrete, galvanized pipe, or iron or steel rods, used to identify the boundary lines of any tract, parcel, lot, or street rights-of-way.
- Off-Site: Any premises or structure not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
- Open Space: A public or private outdoor area expressly set aside for the use and benefit of many unrelated people.
- Outlot – Reserved Area: Property shown on a subdivision plat within the boundaries of the land which is to be developed but is to be excluded from the current subdivision development because of its potential use as a street extension or other public purpose.
- Owner: Any person, firm, association, syndicate, partnership, corporation, or any other legal entity having legal title to or sufficient, or proprietary interest in the land to be subdivided.
- Performance Bond: An amount of money or other negotiable security which guarantees that the subdivider will perform all actions required by the Board regarding an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat.
- Planned Unit Development: A development which permits flexibility in large scale proposed units through exceptions in regulated land use controls that will foster good environmental design without violating the purpose and intent of this Article 5, that permits a variety of housing accommodations and/or commercial facilities, the grouping of open spaces, recreational areas, lands for public use, and school sites, and that permits the orderly physical and aesthetic relationship of residential and commercial uses and permits the development of the area rather than the individual lot arrangement.
- Plat: The drawing, map, or plan of a subdivision, public way, other tract of land, or a replat of such, including required certifications, descriptions, and approvals.
- Plat, Primary: The formal presentation of the map, plan, or record of a proposed subdivision or resubdivision and any accompanying documents as described and required in these regulations, for primary approval consideration by the Commission.
- Plat, Secondary: The approved primary plat or replat, including all conditions on primary approval and all certifications required for secondary approval and recording.
- Plat, Sketch: A sketch of a subdivision proposal designed to facilitate a consultation with the Administrator in order to provide the subdivider with a full understanding of these requirements.
- Public Way: Public way includes, highway, street, avenue, boulevard, road, lane, alley, or any other definition as described under Street.
- Recreational Vehicle (RV): A vehicle designed for temporary living quarters for recreation, camping, or travel, either under its own power or mounted on or towed by a powered vehicle, and no more than eight (8) feet in width or thirty (30) feet in length.
- Resubdivision (Replat): Any change in a map of an approved or recorded subdivision plat or if such change affects any map or plan legally recorded prior to adoption of any regulations controlling subdivisions.
- Right-of-Way: A strip of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which the width and length of such right-of-way is clearly established, the width to be determined by the distance between property lines measured at right angles to the street center line.
- Road: see Street.
- Screening: Any means of protecting an area of land from the adverse visual, audible, and other offensive land use effects of another area. Various methods of providing such screening may be specified and required by the Commission of certain subdivision plats.
- Setback: The distance that any part of a structure shall extend toward a frontage or side road. For the purposes of these regulations, such setback shall be measured from the centerline of the paved or surfaced area of the road.
- Shopping Center: A large tract to be developed into a center including various commercial outlets, principally of a retail nature, and designed as a single architectural unit with appropriate landscaping treatment of the entire unit area, encompassing maximum off-street parking facilities fully integrated in to the architectural design of the overall unit.
travel, including the entire area within the right-of-wav, whether designated as a highway, parkway, road, thoroughfare, avenue, boulevard, lane, court, place, or any other such term. Some types of streets and their usage are:
- Alley: A public way providing secondary access to the rear of lots and buildings and not intended for the purpose of accommodating through vehicular traffic. Alleys are usually more acceptable and necessary for access to loading and unloading docks required for commercial or industrial uses.
- Arterial: A highway system of State and Federal roads which form an integrated network of continuous routes primarily for through traffic. The “arterial” system is stratified into “principal” (or major) and “minor” categories.
- Collector: A system of streets and roads which generally serve travel of primarily intra-area and intra-county importance with the approximately equal emphasis to traffic circulation and land access service. The “collector” system is generally further stratified into “major” and “minor” categories. The system collects and distributes traffic between arterial and local systems.
- Cul-de-sac: A local street open at one and only end with a special provision for vehicles turning around.
- Dead-End: A local street open at one end only and without a special provision for vehicles turning around.
- Frontage (Marginal Access): A local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas, and for control of access.
- Highway: A term applied to streets and roads that are under the jurisdiction of the Indiana State Highway Commission.
- Local: A system of streets and roads which primarily provides land access service and access to higher order systems.
- Loop: A local street with both terminal points on the same street of origin.
- Perimeter: Any existing street to which the parcel of land to be subdivided abuts on only one (1) side.
- Private: A local street that is not accepted for public use or maintenance.
- Public: A street that has been dedicated for public use by the land owner and lawfully accepted by the Board and for the maintenance of which they are responsible, or any public way, lawfully acquired by the governing authorities.
- Subdivider: A subdivider shall be deemed to be the individual, firm, corporation, partnership, association, syndicate, trust, or other legal entity that executes the application and initiates proceedings for the subdivision of land. The subdivider need not be the owner of the property, however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
- Subdivision: A subdivision is the division of any land, vacant or improved, into lots, parcels, sites, units, plots, or interests, more than once within any successive two (2) year period, including re-subdivision and any division of land. This restriction will follow each parcel so divided from the parent parcel.
This regulation, however, shall not apply to the following:
- An adjustment of lot lines as shown on a recorded plat which does not reduce the angle, frontage, depth, or building setback lines of each building site below the minimum zoning requirements and does not change the original number of lots in any block of the recorded plat.
- The division of land into tracts often (10) acres or more for agricultural uses, including the construction of no more than one (1) dwelling on each tract after zoning clearance approval.
- An allocation of land in the settlement of an estate of a decedent or a court decree for distribution of property.
- The unwilling sale of land as a result of condemnation as defined and allowed in the Indiana state law.
- The acquisition of street rights-of-way by a public agency in conformance with a comprehensive or governmental plan.
- The exchange of land between neighbors for the purpose of straightening property boundary lines which does not result in the change of usage.
- Subdivision, Major: All subdivisions not classified as minor subdivisions, including but not limited to six (6) or more contiguous lots, planned unit developments, or any development project requiring any new streets, or the extension of local governmental facilities, or the creation of any public improvements.
- Subdivision, Minor – (Land Division): Any subdivision containing not more than five (5) contiguous lots that front on an existing street, not involving any new street or road or the creation of any public improvements, and not in conflict with any provision of portion of a comprehensive plan.
- Subdivision Regulations or Subdivision Control Ordinance: An ordinance for ensuring the orderly development of land by requiring coordination of new public facilities with existing facilities and providing standards for lot layout, street design, utilities and easements to assure compatibility with long-range comprehensive planning.
0000. Terrain Classification: For purposes of these regulations and to guide the application of geometric design criteria, terrain has been classified as follows:
- Level: That condition where street sight distances, as governed by both horizontal and vertical restrictions, are generally long or could be made to be so without construction difficulty or major expense.
- Rolling: That condition where the natural slopes consistently rise above and fall below the street grade line and where occasional steep slopes offer some restriction to normal street horizontal and vertical alignment.
- The division of land into tracts of ten (10) acres or more for agricultural uses, including the construction of no more than one (1) dwelling on each tract after zoning clearance approval.
- An allocation of land in the settlement of an estate of a decedent or a court decision for distribution of property.
- An unwilling sale of land as a result of condemnation as defined and allowed in the Indiana state law.
- The requisition of street right-of-ways by a public agency in conformance with a comprehensive or governmental plan.
- The entrance of land between neighbors for the purpose of straightening property around any lines which does not result in the change of usage.
- Hilly: That condition where longitudinal and transverse changes in the elevation of the ground with respect to a street are abrupt and where the roadbed is obtained by fragment benching or side hill excavation.
- Traffic Control Devices: All signs, signals, markings and devices, placed by requirement of the Board, for the purpose of regulating, warning, or guiding traffic.
- Utilities: Installations for transmission of water, sewage, gas, electricity, telecommunications, storm water, and similar facilities providing service to, and used by, the public.
- Utility Easements: Easements of a regulated width, shall be platted and dedicated on all subdivision plats, for the installation and maintenance of all public utilities. Such easements are usually required at the rear of lots with side lot easements where necessary to provide access to the rear, however, such easements may be approved for underground installations only where a lot abuts a front or side street.
- Variance: A modification of the strict terms of the relevant regulations of this Article 5 at the discretion of the Commission, where such modifications will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of any action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
- Vicinity Map: A small scale map showing the location of a parcel of land in relation to the surrounding area.
- Zoning Administrator: The person designated by the Commission to enforce the Zoning Ordinance. If no other person is appointed to administer these regulations, they shall be administered and enforced by the Zoning Administrator.
- Zoning Ordinance: A legal tool for accomplishing the objectives of a land use plan. It is an effective regulatory measure designed to encourage high standards of development and to foster the most efficient use of land. All regulations set forth in the Starke County Zoning Ordinance, Z-1, shall be considered as the minimum standards for the development of subdivisions unless otherwise stipulated in this Article 5.
5-3: Application and Approval Process
5-3-1: General Procedure
Any person desiring to create a subdivision as herein defined, shall submit all required applications, plats, fees, plans, and other necessary documents to the Administrator.
- No subdivider shall enter into any agreement, nor shall any agreement, written memorandum, or instrument of conveyance, for any part of a subdivision, be recorded, and no improvements or building shall be effected on the property until the subdivider applies for, secures all required approvals and has recorded such proposed subdivision in accordance with the procedures set forth in this Article 5. No subdivision plat shall be filed with the recorder until the plat has received secondary approval and endorsement with signature of the Administrator.
- No Zoning Clearance Permits shall be issued until the subdivision plat, having received secondary approval, has been filed with the Auditor and the Recorder and a copy of the recorded plat has been returned to the Administrator.
- For the purpose of these regulations, the date upon which any plat receives primary or secondary approval or denial, shall constitute the official date from which the applicable statutory period, as set forth in these regulations, shall commence to run. Failure to meet this regulation may require any subsequently adopted ordinance amendment to be imposed.
5-3-2: Sketch Plat
Prior to submission of an application for subdivision approval, the subdivider should prepare a proposed sketch plat, including all data necessary for a comprehensive pre-platting conference with the Administrator. This discussion will provide the subdivider with all procedures for the adoption of subdivision plats, the requirements as to general layout of streets and for reservations of land, street improvements, drainage, sewerage, safety protection, and similar matters, as well as the availability of existing services. The applicant will also be advised, where appropriate, to discuss the proposed subdivision with those officials who must eventually approve the aspects of the subdivision coming within their jurisdiction.
5-3-3: Application for Subdivision Approval
An application for primary approval, on a form available from the
Commission Office, shall be filed in duplicate with the Administrator at least three (3) weeks prior to a regularly scheduled Commission meeting, together with the required fees as established in the current official fee schedule. The application shall be accompanied by:
- Ten (10) copies of the subdivision plat, prepared in accordance with the requirements of this Article 5 by a licensed surveyor or engineer, of a size not to exceed twenty-four (24) by thirty-six (36) inches (clearly identified additional pages may be used, if required) and drawn to an appropriate scale in order to provide full clarity of information preferably one hundred (100) feet to the inch.
- A soils survey, prepared by the U.S. Department of Agriculture, Soil Conservation Service, indicating the classification and limitations of all soils within the proposed subdivision.
- A copy of a letter from the Starke County Surveyor indicating that the Starke County Drainage Board has received an application for approval of the subdivision drainage as an urban drain under l.c. 36-9-27.
- Three (3) copies of a Feasibility Report, prepared in full accordance with Section 5-8-4 of this Article 5, including a Health Department review relating to the suitability of the soils within each lot, for sanitary waste disposal.
- Upon receipt of the application and all pertinent documentation, the Administrator shall review the materials received for technical conformity with the standards specified in this Article 5 and stamp the date of receipt on the application.
- Within thirty (30) days after receipt of the application for primary subdivision approval, the Administrator shall announce the date for a hearing before the Commission and provide for public notice in accordance with Section 5-1-1 of this Article 5. The subdivider shall be notified accordingly, in writing, and notified of his responsibilities prior to hearing.
5-3-4: Technical Committee Review and Report
Within ten (10) days from receipt of an application for primary approval of a proposed subdivision and all required supplemental materials, the Administrator will call a meeting of the Technical Committee for its review, recommendations, and report of the proposal to the Commission. Such review may be waived if the subdivision is classified as minor, with five (5) lots or less, and no public improvements to be considered. The Committee report and all related documentation shall be placed before the Commission at their next meeting. The applicant, or his informed representative, will be requested to attend the Commission meeting.
5-3-5: Plan Commission Review
The Commission shall review the subdivision application, plat, supporting documents, and the Committee report with the Administrator and the subdivider. Any further information or revisions that may be considered necessary to assist in the decision making process shall be determined at this time, and the subdivider advised accordingly.
5-3-6: Public Hearing
On the date and at the time scheduled for public hearing, the Commission shall assure that all requirements for public hearings, as set forth in this Article 5, have been met and upon such assurance, shall proceed with the hearing. All parties attending the hearing shall be identified and their interests recorded.
5-3-7: Commission Decision
After the hearing, the Commission shall review the testimony presented and, at that time or at a subsequent meeting, if additional information is required, either:
- Determine that all requirements, standards, and regulations of this Article 5 have been complied with and shall make written findings and a decision granting primary approval to the subdivision plat as submitted, imposing any conditions found necessary for primary approval, and certified to with signatures of the commission President and the Administrator. The subdivider shall be notified accordingly, in writing, and advised of the requirements for secondary approval.
- Disapprove the subdivision with written findings and decision, denying primary approval, setting forth the specific reasons for denial, signed by the Administrator and the subdivider provided with a copy.
- Any subdivision or plat for which primary approval has been denied, shall not be resubmitted within one (l) year, unless this regulation is waived, in the particular instance, by motion and approval by the full membership of the Commission, however, where conditions have been imposed and they may not be met, the plat may be resubmitted for the change of conditions, or the imposition of new conditions.
5-3-8: Conditions on Primary Approval
After the subdivision plat has been grated primary approval, the subdivider may:
- Complete all platted improvement within eighteen (18) months from the date of such approval and, within this time period, provide the Administrator with a certificate, signed by the Board of Commissioners, assuring that all such required improvements have been completed in full accordance with the standards as specified in this Article 5 and, an acceptable maintenance agreement has been negotiated, or;
- In lieu of said completion and certification, the subdivider may execute a performance bond or other negotiable instrument which shall run to the Board of Commissioners, state completion date for a quality installation of all required improvements and be in amount and of surety satisfactory to the Commission, based on standards submitted by the Board for such installations. Any money received from the bond or otherwise by the Board, shall be used only making the improvements and installations for which said bond was provided. This money may be used for these purposes without appropriation.
5-3-9: Secondary Approval
The Administrator shall have full authority to grant secondary approval of the subdivision plat. Such approval shall be granted upon receipt of assurance from the Board that all improvements have been satisfactorily installed as specified in Section 5-3-8 (A), above, or that a completion bond has been finally negotiated as specified in Section 5-3-8 (B), above, and provided that:
A. All required certifications, covenants, restrictions, descriptions, dedications, and any other conditions found necessary for secondary approval are included on or with the subdivision plat.
After secondary approval has been provided the approved mylar or original subdivision plat, with supporting documents, shall be returned to the subdivider for reduction in size if required to meet the filling requirements of the Auditor and the Recorder and submission to those departments for certification
- A copy of the recorded plat and supporting documents, bearing said certifications, shall be returned to the Administrator within thirty (30) days.
- No Zoning Clearance Permits shall be approved within the subdivision until the Administrator has received assurance from the Board that satisfactory completion of all required improvements have been effected and that a maintenance bond has been executed as specified in Section 5-5-6 (N), in this Article 5.
- No Zoning Clearance Permits for improvements requiring any type of sanitary facilities shall be issued without approval of such facilities by the Health Department.
- Any and all expenditures relating to a subdivision, effected by the subdivider prior to secondary approval and recording of the subdivision plat, by signed endorsement, shall be considered the sole responsibility of the subdivider and in no way shall be construed as a inducement, motivation, or any other reason to require or encourage such approval. 5-3-11 : Planned Unit Development
It is the intent of this Planned Unit Development (PUD) District Ordinance to provide land use and design regulations through the use of performance criteria so that small-to-large scale neighborhoods or portions thereof, may be developed with a variety of residential types and non-residential uses, which are planned and developed as a unit.
This Ordinance specifically encourages innovations so that the growing demands for housing may be met by greater variety of type, design, and siting of dwellings while conserving and more efficiently using land. This Ordinance also encourages the conservation and more efficient use of the land for non-residential development.
This Ordinance recognizes that a rigid set of space requirements along with building and use specifications would frustrate the application of this concept. Therefore, where PUD techniques are deemed appropriate, the land may be designated for PUD development as a PUD District. When an area is so designated, the use and dimensional specifications elsewhere in the Zoning Ordinance are replaced by an approval process in which an approved development plan as allowed in IC 36-74-1500, becomes the basis for continuing land use control within the PUD.
To carry out the intent of this Ordinance, a PUD endeavors to provide:
- A choice in the types of environment, occupancy tenure, types of housing, types of ownership, and community facilities available to existing and potential residents.
- Usable open space and recreation areas.
- Convenience in the location of accessory commercial and service areas.
- Preservation of natural topographical and geological features with emphasis on:
- prevention of soil erosion,
- conservation of existing surface and subsurface water, and
- preservation of tree cover and other environmentally enhancing features
- An efficient network of streets and utilities;
- The development of a pattern in harmony with the objectives of the County’s Comprehensive Plan
- A more efficient utilization of land than what might be obtained through other development procedures
- Delegation and Election
The Starke County Commissioners, pursuant to IC 26-7-4-1511, hereby delegates to the Plan Commission:
- Authority to conduct primary and secondary review of a PUD district ordinance under IC 36-7-4-1509(c):
- Authority to modify permitted uses or development requirements that are specific in a PUD district ordinance.
Except as provided in Section P, there shall be no appeal to the Starke County Commissioners from any decision of the Plan Commission pursuant to (1) or (2) above. Such decisions of the Plan Commission may be reviewed by certiorari procedure in the same manner as that provided for the appeal of a decision of the Board of Zoning Appeals.
The Starke County Commissioners pursuant to IC 36-7-4-1509(a)(1) hereby elect to establish development requirements expressed in general terms.
- Concept Plan – a plan for an entire parcel of land, drawn to scale, that generally indicates densities, uses, a calculation of what percentage of the entire parcel is devoted to each different use classification, and ultrastructure locations including open space – common and public.
- Development Plan – as defined in state statutes as a plan that includes “development requirements that are required for the development of a parcel of land according to standards; and requirements that conform to IC 36-7-4-14-1403. Once approved, the development plan shall designate the PUD parcel as a PUD District and the zoning map shall be amended to so indicate.
- Open Space – any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment. Such areas may be improved with only those buildings, structures, streets, off-street parking, and other improvements that are designed to be incidental to the natural openness of the land.
- Planned Unit Development (PUD) the development of an area of land as a single entity for a number of dwelling units or a number of uses conforming to an approved development plan, which may not correspond in lot size, bulk, type of dwelling, density, lot acreage, or require open space to the regulations otherwise required by other Ordinances.
- Primary Plat Approval – the conferral of certain rights pursuant to this act prior to final plat approval after specific elements of the development plan have been agreed upon by the Plan Commission and the Starke County Commissioners.
- Secondary Plat Approval – the official action of the Plan Commission taken after all conditions, engineering plans, and other requirements have been completed or fulfilled, and the required improvements have been installed or guarantees properly posted for their completion or approval conditioned on the posting of such guarantees within sixty (60) days of Secondary Plat approval.
- Site Plan – a site development plan of the entire PUD which delineates: (1) the existing and proposed topography of the lots, (2) the location of all existing and proposed buildings (other than single family residential), parking spaces, means of ingress and egress, drainage facilities, landscaping, structure and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed decision.
- General Process for Development of a PUD
- Developer files a concept site plan and draft development plan for a PUD with the Planning Office.
- A site review is scheduled for the concept and development plans.
- Both concept and development plans are presented to the Plan Commission in a public hearing.
- The Plan Commission recommends to the Starke County Commissioners both the concept and the draft development plan, and that this parcel be rezoned as a PUD.
- The Starke County Commissioners vote on rezoning to PUD, the concept and the draft development plans with any written commitments attached.
- The Developer files a primary plat and final development plans with the Planning Office. Both are scheduled for public hearing before the Plan Commission.
- The Plan Commission holds a public hearing on the primary plat and final development plans.
- The primary plat and final development plans are approved by the Plan Commission.
- The secondary plat is filed with the Planning Office.
- The secondary plat is approved by the Plan Commission and the plat and development plans are recorded by the developer.
If a PUD is halted or abandoned for longer than one year, it is considered abandoned, and the developer must ask the Plan Commission for an extension, or reaffirm approved plans, or ask for amendments to approved plans.
Same as existing ordinances. All uses shall be specified in the final development plan.
- General Requirements
l . No building shall be closer than 25 feet to any lot line dividing land inside the PUD from land zoned or used as residential outside the PUD.
- Site and structure regulations for PUDs shall adhere to the following regulations:
- Plot and lot sizes, dimensions, structure heights, and locations may be freely made and arranged in conformity to the overall density standards recommended by the Plan Commission or stated in this Ordinance. Minimum lot size, frontage, and maximum lot coverage are not specified but the Plan Commission may be guided by standards set in other zoning ordinances and by common good practice.
- A minimum of a 30-foot front yard setback shall be provided on any highway or thoroughfare designated as arterial or collector on the Official Thoroughfare Plan.
- Every residential dwelling unit, commercial, industrial complex, or building shall have access to a public street, court, cul-de-sac, walkway, other area dedicated to public use, or subject to an easement for access. The boundaries and extent of the lot or plot upon which any single unit detached or attached dwelling is located shall be clearly defined and monumented.
- Right-of-way and pavement widths for internal ways, streets, and alleys shall be determined from sound planning and engineering’s standards in conformity with the estimated needs of the full development proposed, the traffic to be generated and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking, loading needs, and the access of firefighting equipment and other emergency vehicles.
A developer of a PUD shall furnish public water and sanitary sewage facilities based on agreement with the appropriate municipal officials. The developer shall provide all necessary storm drainage, highway access, paved service streets, parking facilities, fire hydrants, off-street lighting, other public improvements deemed necessary by the County, and shall make reasonable provisions for service to the connections with adjoining properties in other ownership.
4. If the PUD contains ten (10) to fifty (50) residential units, the PUD shall contain a minimum open space of 0.1 acre per residential unit. If the PUD contains more than fifty (50) residential units, the minimum open space is 0.01 acre per residential unit. The open space may consist of:
- an area owned and maintained by a Property Owner’s Association; or
- with the consent of the Starke County Commissioners, an area dedicated to the public for park purposes.
If neither A nor B are feasible, the PUD district ordinance may, with the agreement of the developer, be made subject to a written commitment that the developer will pay an amount equal to the value of such acreage to the county for park purposes.
H. Residential PUDs
If a residential PUD is greater than twenty-five (25) acres, the site plan may include a parcel of land designated for commercial use that is not more than ten (10) percent of the total gross development. The types of commercial uses shall be determined and specified as part of the development plan. All change of use after the development plan approval shall be reviewed and approved by the Plan Commission.
1. Commercial PUDs
All commercial PUDs shall be in compliance with the following regulations:
- All commercial PUDs abutting a residential district shall provide a minimum twenty-five (25) foot planted green belt along the entire width of abutment.
- All commercial PUDs shall provide a ten (10) foot planted greenbelt around the perimeter of the entire development excluding streets, sidewalks, and drives. This greenbelt shall not be considered part of the required open space.
- A maximum of ten (10) percent of the total commercial PUD may be used for residential purposes.
- A maximum of five (5) percent of the total commercial PUD may be used for industrial purposes if they are deemed compatible with the commercial and/or residential uses. Comnatiblv shnl l be determined as part of the PUD development plan.
J. Industrial PUDs
All industrial PUDs shall be in compliance with the following regulations:
- A minimum of a twenty (20) foot planted greenbelt shall be provided around the entire perimeter excluding drives, streets, and sidewalks. This greenbelt shall not be part of the required open space.
- A maximum of thirty (30) percent of the total area can be used for commercial uses.
All variances to this ordinance shall be part of the approved development plan. Variances shall be determined acceptable if the Plan Commission finds:
- The general requirements of this ordinance would cause unnecessary, hardship because of exceptional and unique topography, access, location, shape, size, drainage, or other physical features of the site; or
- The Plan Commission finds that due to the size, shape, location, permitted use, or uniqueness of the development, a variance would constitute good planning and would not adversely affect the public health, safety, morals, welfare, or the rights of adjacent property owners.
All variances recommended by the Plan Commission based on the above findings shall be part of the approved development plan, and may include conditions imposed by the Plan Commission to substantially secure objectives of this ordinance.
For variances requested after the secondary plat and/or development plan has been approved, see Section D. All approved variances shall be recorded.
L. Primary Plat Procedures
All PUD developers shall present a complete concept site plan and draft development plan to the Site Review Committee at least a month before the public hearing before the Plan Commission. The Site Review Committee shall review both and comments shall be recorded, and minutes distributed to participants and Commission members. The Plan Commission shall, if all issues are resolved, make a recommendation on the concept plan and draft development plan to the Starke County Commissioners.
At the next Starke County Commissioners meeting, a vote on the concept plan and draft development plan may be requested. When the concept plan and draft development plan are approved by the Starke County Commissioners, then the primary plat can go to a pubic hearing before the Plan Commission.
A proposed primary plat for a PUD shall be filed with the Planning Office as part of a primary plat petition. The petition shall include a list of all property owners within three hundred (300) feet of the PUD, and a legal description of the PUD.
At least a month before the Plan Commission public hearing for the primary plat, the PUD developer shall present to the Site Review Committee a primary plat and final development plan. Comments shall be recorded and distributed to participants.
The Planning and Zoning Administrator will set a public hearing before the Plan Commission. The Plan Commission shall within forty-five (45) days of the public hearing approve or deny the primary plat with findings of fact. It is the obligation of the Plan Commission to work with PUD applicants to get the best possible development. If the Plan Commission approves the primary plat, development plan, and PUD findings of fact, the developer can then present a secondary plat. Approval of a primary plat shall not constitute authority to proceed with any construction of any improvements.
If the Plan Commission denies the primary plat or the development plan, it may specify reasons in a Finding of Facts Statement. The Plan Commission may recommend a further study of the site and/or development plan and resubmission at a later date. Approval of a primary plat does not obligate the Plan Commission to approve a secondary plat.
An approved primary plat is valid for two years. If no secondary plat is approved within the two years, the PUD developer must appear before the Plan Commission and request an extension. The Plan Commission may approve or deny the extension.
M. Primary Plat Contents
All PUD primary plats shall contain the following information:
- Name and address of applicant, developer, and owner
- Location of PUD parcel per a scaled location map
- Existing topography features of the site
- Phasing schedule of development
- Location of purposed open spaces
- Delineation of all uses and area in acres of each use
- Total number of residential units and percent of each type of residential uses
- Delineation of each commercial and/or industrial use, and total number of such units and percent allocated to these uses
- Density percent’s of every residential use based on gross acres
- Delineation of areas subject to flooding including data on frequency and extent
- Delineation of all areas that lie in an aircraft pattern drainage plan
- Delineation of all easements, right-of-ways, covenants, or any other restrictions imposed upon the land or buildings.
- Delineation of all proposed utilities, pavements, sidewalks, alleys, and parking including widths
- Letter form the County Drainage Board approving plan
- General description of community services available to the development’s residents including schools, fire protection, parks, and all public/private utilities
- General statement on proposed ownership and maintenance of common open spaces
- Proposed construction schedule
18.Adjacent land uses, topography, all existing streets and driveways on the perimeter of the PUD.
19. A final development plan with all written commitments approved by the Starke County Commissioners
N. Secondary Plat Content and Procedures
A PUD secondary plat of all or part of a PUD primary plat can be filed with the Planning Office any time after the Plan Commission approves a primary plat. The secondary plat will be placed on a Plan Commission agenda. It does not require a public hearing. The Plan Commission shall have a maximum of forty-five (45) days to approve or deny a secondary plat. Approval of a secondary plat does not authorize construction unless the Plan Commission has approved construction plans and any necessary surety. The recording of the approved secondary plat shall inform all whom deal with the PUD of the restrictions placed on the land and act as a zoning control device.
1. Content of a PUD secondary plat
- Final uses delineated and suitable for recording
- All subdivided lands delineated as required for all subdivisions
- Legal description for each subdivided lot including all common open space
- Address for each lot and common open space
- Street names that have been approved by the Plan Commission, postal service, and local emergency care providers
- Location and dimensions of all building lots, permanent common open spaces, easements, and right-of-ways
- Reference to protective covenants, final total acres, building sites by use, and density of each use
- Other information as required in the Subdivision Ordinance
2.At the time a secondary plat is presented, a PUD developer also shall provide:
A. Six (6) copies of engineering plans that are drawn to scale and include all easements and building plans for infrastructure prepared, signed, and sealed by an Indiana licensed engineer
B. An affidavit guaranteeing the completion of all public infrastructure. The guarantee may be in the form of:
- a developer’s bond one and one-half times the amount of the estimated cost of all public improvements yet to be completed; or
- cash in the amount of one and one-halftimes the estimated cost of all public improvements yet to be completed; or
- a lien to be recorded on all the land proposed to be part of the PUD, with partial releases possible after the loan company and the Starke County Commissioners agree on the estimated cost of all public improvements yet to be completed and the loan company agrees to hold in escrow one and one-halftimes the estimated cost; or
- a deposit of other collateral equivalent to one and one-half times the estimated uncompleted public improvement cost with the County.
The Plan Commission must approve the construction plans for any public improvements and any necessary surety prior to recording the secondary plat.
O. Findings of Fact Planned Unit Development
The Plan Commission will use the following findings form for all PUD primary plat approval or denial.
The Starke County Plan Commission now makes the following findings of fact in support of its approval/denial of the following petition for a primary plat of a Planned Unit Development:
Name of Petitioner:
Name of project:
This primary plat of a Planned Unit Development:
is consistent with the stated purposes of the PUD regulations meets the requirements and standards of the PUD regulations
deems the proposed departures from the zoning regulations including but not limited to density, dimensions, area, bulk, and use, to be in the public interest
there are adequate provisions in the physical design for public services, control over vehicle traffic, and protection of designated open spaces that further the amenities of light, air, recreational use, and visual enjoyment
includes adequate structures and roadways built high enough in areas susceptible of flooding, ponding, or erosion is compatible and beneficial to the adjacent properties and neighborhood
adds to the physical development, tax base, and economic well-being of the entire community conforms with recommendations of the Comprehensive Plan
appears to conform with all existing federal, state, and local legislation
The Plan Commission approved/denied by a vote of to
President of the Plan Commission:
P. Major Conceptual Changes
At any time after Starke County Commissioners approval of a PUD and development plan pursuant to Section E, no major conceptual change to the PUD or plan may be made without the approval of both the Plan Commission and the Starke County Commissioners. A major conceptual change is defined as any of the following:
- the land area covered by the PUD is changed;
- a use previously not permitted is added;
- 10% or more of the land area of the PUD is shifted from one zoning classification to another, net of any compensating changes;
- within any residential use classification, the density of the use (as measured by living units) is increased by 10% or more;
- any other specific type of change which the Starke County Commissioners specifies at the time it approves the PUD and development plan; or
- any other change which so modifies the intent or concept of the PUD that the Plan Commission determines requires action by the Starke County Commissioners
Q. Amending a PUD and/or a Development Plan
All PUDs shall be constructed and developed as delineated on the approved secondary plat and development plan as recorded. All recorded documents and amendments shall be binding on applicants, their successors, grantees, and assigns, and shall limit and control the use of the PUD land and location or structures. After all plats and documents have been recorded, any major amendments to the PUD will require a public hearing and approval by the Plan Commission. Any minor amendments will require approval by the Plan Commission by may be done so without a public hearing. Both major and minor approved amendments shall be recorded with the Starke County Recorder.
- Major amendment – any change which alters the concept, uses, or intent of the
PUD including increase in density, increase in height of buildings, reduction of
open space, changes in sequence of development, changes in road/street standards, and/or changes in covenants and/or the approved development plan.
- Minor amendment – any change that does not alter the concept or intent of the PUD or the development plan and is not defined as a major amendment.
All changes to the secondary plat shall be recorded with the County Recorder as amendments to the secondary plat or reflected in the recording of a new corrected secondary plat.
In addition to any requirement in this section, any change which fits the definition in Section P of a “major conceptual change” shall require the approval of the Starke County Commissioners.
Any person, firm, corporation, or agent who shall file a petition for amendment, or application for appeal, variance, special use, Planned Unit Development (PUD), or for other certificate of license required under the terms of this ordinance, shall be charged a fee in accordance with the County of Starke’s established schedule of fees as listed in the Plan Commission Office.
Any person, firm, corporation, agent, any employee, or contractor of same who violates, destroys, omits, neglects, or refuses to comply with, or who resists enforcement of any provision of this Ordinance shall be subject to fines as provided in the Starke County Zoning Ordinance. An offense is deemed committed each day during, or on, which a violation has occurred.
- General Administration
In administering its responsibilities under this ordinance, the Plan Commission may promulgate any rules, regulations, or procedures consistent with this ordnance or state law.
5-3-12: Multifamily Developments
All multifamily developments shall be processed and meet all procedural requirements as set forth in these regulations for major subdivisions.
5-4: Minimum Residential Standards
5-4-1: Administrative Provisions
- Title: These regulations are designated as the Minimum Residential Standards for unincorporated areas in the County of Starke, State of Indiana.
- Scope: The provisions of this Article 5-4 shall be held to be the minimum requirements for regulating the erection, construction, repair, alteration, enlargement, removal, relocation, maintenance of, and additions to, all one and two family residential buildings, rooming houses, apartments, structures, and land accessory thereto; within the County of Starke, Indiana, and shall supplement all provisions of the Starke County Zoning Ordinance, General Ordinance Z-1, including all amendments thereto, and shall further constitute an amendment as an addition to the Starke County Master Plan.
- General Administration: All provisions formerly defined in Starke County General Ordinance Z-1 under Articles, Administration, Board of Zoning Appeals, Amendments, Remedies and Penalties, Validity, Availability for Public Inspection, and Litigation against Officials, shall retain full effect and control in the Administration of this Article 5.
- Whenever the words “dwelling”, “dwelling unit”, “rooming house”, “rooming unit”, or “premises” are used in this Article 5, they shall be construed as though they were followed by the words “or any part thereof.”
- Words used in the present tense include the future; the singular number includes the plural, and the plural includes the singular.
- In all other respects, the following definitions shall apply in the enforcement of this article 5
- Basement: That portion of a building located partly underground, but having less than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
- Cellar: That portion of a building located partly or wholly underground, but having half or more than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
- Dwelling: Any building which is wholly or partly used or intended to be used for living or. sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.
- Dwelling Unit: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used for or are intended to be used for, living, sleeping, cooking, and eating.
- Extermination: The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible, materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized legal pest elimination methods approved by the Health Officer.
- Garbage: Animal and vegetable waste resulting from handling, preparing, cooking, and consumption of food.
- Habitable Room: A room or enclosed floor space used or intended to be used for living, sleeping, cooking, eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets, and storage spaces.
- Health Officer or Director of Public Health: The legally designated health authority of the County of Starke, Indiana, or his authorized representative.
- Infestation: The presence, within or around a dwelling, of any insects, rodents, or other pests.
- Multiple Dwelling: Any dwelling containing more than two dwelling units.
- Occupant: Any person living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit or rooming unit.
- Operator: Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.
- Owner: Any person who, alone, jointly or severally with others:
- Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
- Shall have charge, care, or control of any dwelling unit, as owner or agent of the owner, as land contract buyer, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner.
- Any such person thus representing the actual owner shall be bound to comply with the provisions of this Article 5, and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
- Person: Any individual, firm, corporation, association, or partnership.
- Plumbing: Shall include all the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.
- Premises: All areas including but not limited to, yards, outbuildings, and courts.
- Rooming Unit: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
- Rooming House: Any dwelling, or that part of any dwelling containing one or more rooming unit(s) in which space is let for valuable consideration by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
- Rubbish: Combustible and non-combustible waste materials except garbage; and the tenn shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, glass crockery, and dust.
- Supplies: Any materials paid for, furnished, or provided by or under the control of the owner or operator.
- Temporary Housing: Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than thirty (30) consecutive days.
- The Building Commissioner is hereby authorized to make such inspections as are required to determine the condition of dwellings, dwelling units, buildings used as dwellings, and premises located within the County of Starke, Indiana, in order that he may perform his duty of safeguarding the safety and health of the occupants of dwellings and the general public.
- For the purpose of making such inspections, all applicable laws regarding right-of-entry shall be observed.
- The Building Commissioner may and shall have authority to call upon the County Sheriff for aid and assistance, and it shall be the duty of the Sheriff, when so called upon, to cooperate with the Building Commissioner in order to enforce the provisions of this Article 5.
5-4-4: Violation Notification
- Whenever the Building Commissioner determines that there are reasonable grounds to believe there has been a violation of any provisions of this Article 5 which affects the safety or health of the occupants of any dwelling, dwelling unit, rooming unit or premises, or the safety or health of the general public, or whenever a petition is filed with the Building Commissioner by at least twenty residents of the County, charging that any such structure or premises is unfit for human habitation, or is dangerous to the general public; such petition to accurately
identify the name and address of the owner of record of such premises; then the Building Commissioner shall give notice of such violation found to exist to the person or persons responsible therefor, and to any known agent of such person as hereinafter provided.
- Such notice shall be put in writing, and,
- Include a statement of why it is being issued.
- Allow reasonable time for the performance of any act it requires.
- Be served upon the responsible party; provided that such notice shall be deemed to be properly served upon such person if a copy thereof is served upon him personally, or if he is served with such notice by any other method authorized or required under the laws of this state.
- Any person so served may request, in writing, a hearing for appeal of any directive of the Building Commissioner, before the Starke County Plan Commission, provided that such written request is effected within five (5) days of receipt of such notice, unless otherwise directed by the Plan Commission. In the event such action is taken, the Building Commissioner shall delay further proceedings in the matter under consideration until directed to proceed by the Plan Commission.
5-4-5: Failure to Conform
- If any person shall fail to respond to such written notice, or fail to comply with such final directive as found necessary by the Building Commissioner in order to enforce this Article 5, such Commissioner shall thereupon report his findings, decision, and action to the Starke County Plan Commission, whereupon it shall be the duty of such Commission to take further action as determined necessary by general agreement among the members of said Commission in order to enforce the provisions of this Article 5.
- Any person who may be aggrieved by directive of the Plan Commission in affirming an order of the Building Commissioner shall have the right to appeal to the Starke County Circuit Court from such action of said Commission in ordinance with state laws pertaining thereto.
5-4-6: Kitchens, Toilets, Baths, Sanitary Facilities, Hot Water
No person shall occupy as owner-occupant or lett to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, or cooking and eating therein, which does not comply with the following requirements:
- Where public water supply and sewage disposal facilities do not exist, every dwelling unit shall be required to meet the minimum requirements established for such facilities in Extension Circular 454, 1961 entitled “Septic Tank Sewage Disposal Systems” for farm and suburban homes, as approved by the Indiana State Board of Health in Bulletin S.E. 8.
- Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to an approved water and sewer system.
- Every dwelling unit (except as otherwise permitted under Subsection “5” of this section) shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and lavatory basin in good working condition and properly connected to an approved water and sewer system.
- Every dwelling unit (except as otherwise permitted under Subsection “5” of this section) shall contain within a room which affords privacy to a person within said room, a bathtub or shower in good working condition, and properly connected to an approved water and sewer system.
- The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin; and a single bathtub or shower if:
- Neither of the two dwelling units contains more than two rooms; provided that, for the purpose of this subsection, a kitchenette, or efficiency kitchen with not more than sixty (60) square feet of floor area shall not be counted as a room; and that
- The habitable area of each such dwelling units shall equal not more than two hundred and fifty (250) square feet of floor area; and that
- Such water closet, lavatory, basin and bathtub or shower shall be in good working condition and properly connected to an approved water and sewer system.
- Evert kitchen sink, lavatory basin, and bathtub or shower required under the provisions of Subsections 2, 3, 4, and 5, of this Section shall be properly connected with both hot and cold water lines.
- Exception: Owner-occupied single family dwellings, only, need not be provided with water heating facilities.
- Every dwelling unit shall be supplied with adequate rubbish storage facilities, the type and location of which are approved by the Building Commissioner.
- Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, type, and location of which are approved by the Building Commissioner.
- Every dwelling unit shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with hot water lines as required under Subsection 6 of this Section, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at a required kitchen sink, lavatory, basin, bathtub, or shower at a temperature of not less than 120 degrees Fahrenheit. Such supplied water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under Subsection 7 of Section 54-7 are not in operation. The exception provided under Subsection 6-a of this Section 5-4-6 shall also apply to the requirements of this Subsection 9.
5-4-7: Egress, Light, Ventilation, Electric Fixtures, Heat, Screens:
No person shall occupy as owner-occupant or let to another for occupancy of any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
l . Every dwelling shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of the state and the County Of Starke.
- Every habitable room shall have at least one window or skylight directly facing the outdoors. The minimum total window area, measured between stops, for every habitable room shall be ten (10) percent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstructing structures are located less than three (3) feet from the window and extended to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors, and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight type window in the top of such room, the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such room.
- Every habitable room shall have at least one window or skylight which can be opened easily, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least forty-five (45) percent of the minimum window area size or minimum skylight type window size, as required in Subsection 2 of this Section 5-4-7, except where there is supplied some other device affording adequate ventilation and approved by the Building Commissioner.
- Every bathroom and water closet compartment shall comply with thc light and ventilation requirements for habitable rooms contained in Subsections 2 and 3 of this Section 5-4-7, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and is approved by the Building Commissioner.
- Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling shall contain at least two separate floor or wall type electric convenience outlets, or one such convince outlet and one supplied ceiling type electric light fixture and every water closet compartment, bath room, laundry room, furnace room, and public hall shall contain at least one supplied ceiling type or wall type electric light fixture. Every such outlet and fixture shall be properly installed and maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.
- Every public hall and stairway in every multiple dwelling containing five
(5) or more dwelling units shall be adequately lighted at all times. Every public
hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four (4) dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be tuned on when needed, instead of full-time lighting.
- Every dwelling unit shall have heating facilities which are properly installed and maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, except those used for sleeping purposes exclusively, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least sixty (60) degrees Fahrenheit, at a distance of three (3) feet above floor level, under zero weather conditions.
- During that portion of each year from April 1st to October 1st, for protection against insect pests, every door opening directly from a dwelling unit to outdoor space shall have supplied screens with metal or plastic screen wire of not less than sixteen (16) meshes to the square inch, and a self closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with such screens, provided that such screens shall not be required during such period in rooms deemed by the Health Officer or Building Commissioner to be free from such insects when located high enough in the upper stories of buildings.
- Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with such a screen or other device as will effectively prevent their entrance.
5-4-8: General Structural, Plumbing, and Open Area Requirements:
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
- Every foundation, floor, wall, ceiling, and roof shall be reasonably weathertight, watertight, and rodent-proof; shall be capable of affording privacy; shall be kept in good repair, and be capable of safely supporting all design and imposed loads.
- Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight, and rodent-proof, and shall be kept in sound working condition and good repair.
- Every inside and outside stair, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.
- Every plumbing fixture, water pipe, and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions.
- Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water, and so as to permit such floor to be easily kept in a clean and sanitary condition.
- Every supplied facility, piece of equipment or utility which is required under this Article 5 shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.
- No owner, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this Article 5 to be removed from, shut off from, or discontinued for any occupied dwelling let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the Health Officer or Building Commissioner.
- No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy.
- All courts, yards, or other areas on the premises outside of every dwelling shall be drained so as to prevent the accumulation of surface water, and shall be kept free from rubbish, garbage, other matter deleterious to health, or constituting a fire hazard, and from rodent infestation.
- The Building Commissioner shall determine that a dwelling is unfit for human habitation or a building is dangerous if he finds that interior walls or other vertical structural members which list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base; supporting members show thirty-three (33) percent or more damage or deterioration; or non-supporting enclosing, outside walls, or covering which shows fifty (50) percent or more damage or deterioration; floors or roofs which have improperly distributed loads which are so damaged by fire, wind, or other causes as endangers the lives, safety, or welfare of the occupants or other people in the area.
5-4-9: Rooms, Access, Area, Height, Basements, and Cellars:
No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements, provided however, that the minimum standards for dwelling units shall be met when such requirements are more restrictive;
- Every dwelling unit shall contain at least 150 square feet of floor space for the first two occupants thereof, and at least eighty (80) additional square feet of floor space for each additional occupant thereof, the floor space is to be calculated on the basis of total habitable room area.
- In every dwelling unit of two or more rooms, every room occupied for sleeping purposes shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than two occupants shall contain at least thirty-five (35) square feet of floor space for each occupant thereof.
- No dwelling unit in a dwelling containing two (2) or more dwelling units, which said dwelling unit contains two (2) or more bedrooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one (1) sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.
- At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven (7) feet; and the floor area of that part of any room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
- No cellar space shall be used as a habitable room or dwelling unit.
- No basement space shall be used as a habitable room or dwelling unit unless:
- The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.
- The total of window area in each room is equal to at least the minimum window area size as required in Subsection 2 of Section 5-4-7.
- Such required minimum window area is located entirely above the grade of the ground adjoining such window area.
- The total of openable window area in each room is equal to at least the minimum as required under Subsection 3 of Section 5-4-7, except where there is supplied some other devices affording adequate ventilation, and approved by the Building Commissioner.
- The central heating plant of the dwelling in which such habitable room is located is separated from such habitable room by one-hour fire resistive material.
5-4-10: Sanitary and Rubbish Disposal Responsibilities, Pest Control:
- Every owner of a dwelling containing three or more dwelling units shall be responsible for maintaining a clean and sanitary condition of the shared or public areas of the dwelling and premises thereof.
- Every occupant of a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls.
- Every occupant of a dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by Subsection 7 of Section 5-4-6.
- Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in garbage disposal facilities or garbage storage containers required by Subsection 8 of Section 5-4-6. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four (4) dwelling units, and for all dwelling units located on premises where more than four (4) dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.
- Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double, or storm doors and windows whenever the same are required under the provisions of this Article 5, or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such service.
- Every provision of this Article 5-4-10 which applies to rooming houses shall also apply to hotels, except to the extent that any such provisions may be found in conflict with the laws of this state or with the lawful regulations of any state board or agency.
5-4-11: Rooming Houses
- At least one (1) flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the Building Commissioner and in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, including members of the operator’s family wherever they share the use of said facilities; provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (1/2) the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No such facilities shall be located in a basement except by written approval of the Building Commissioner.
- The operator of every rooming house who supplies linens and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied beddinn in a clean and sanitary manner.
- Every room in a rooming house occupied for sleeping purposes by one person shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) person shall contain at least forty (40) square feet of floor space for each occupant thereof.
- Every rooming unit shall have safe, unobstructed means of agress leading to safe and open space at ground level, as required by the laws of this state and the County of Starke, Indiana.
- The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises within which the structure or building is leased or occupied by the operator.
- Every provision of this Article 5-4-11 which applies to rooming houses shall also apply to hotels, except to the extent that any such provision may be found in conflict with the laws of this state or with the lawful regulations of any state board or agency.
5-4-12: Violation Remedies
In case any dwelling, dwelling unit, or part thereof is used, occupied, or maintained in violation of this Article 5. The Plan Commission or Board of Appeals, in addition to the remedies herein otherwise provided for, may institute any appropriate legal action or proceeding to prevent, restrain, correct, or abate such unlawful uses, maintenance, or occupancy, contrary to, or is illegal under this Article 5.
5-4-13: Non-Interference with Greater Restrictions:
Nothing herein contained shall be deemed to reduce, limit, or remove any of the power or authority of any state or local civic board, agency, or officer. This Article 5 shall be construed to be supplementary to all other pertinent ordinances now in effect unless the provisions of such other ordinance or ordinances are directly in conflict herewith or less stringent than similar provisions of this Article 5.
5-5: Improvement Standards
5-5-1: General Requirements
In addition to the requirements established herein, all subdivision plats shall comply with the following rules, laws, and regulations:
- All applicable statutory provisions.
- The local zoning ordinances, building and housing codes, and all other applicable laws of the appropriate jurisdictions.
- The Starke County Comprehensive Plan and Capital Improvement Programs of the local government, including all public facilities, open space, and recreation plans as adopted.
- The rules and regulations of the Board of Health, local Health Department, Natural Resources Commission, Administrative Building Council, Aeronautics Commission, and other appropriate agencies.
- The rules, regulations, and standards of the State Highway Commission if the subdivision or any lot contained therein abuts a highway under their jurisdiction.
5-5-2: Construction and Drainage Plans
Plat approval may be withheld if a subdivision is not in conformity with the following requirements:
- It shall be the responsibility of the subdivider of every proposed subdivision to have a complete set of construction plans, prepared by a qualified surveyor or engineer, including profiles, cross-sections, specifications, and other supporting data for all drains, streets, utilities, and other public facilities.
- Final construction plans shall be based on preliminary plans which were considered at the time of primary approval and shall include any revisions or additional data required by the Commission.
- Construction plans shall be prepared in accordance with the standards and specifications as required under the Starke County Road Ordinance, SCR-I, and all supplementary specifications set forth in this Article 5.
5-5-3: Jurisdictional Boundaries
To eliminate potential jurisdictional disputes and to facilitate effective coordination and control of development, the Commission, and subdivider shall be guided by the following policies:
- Whenever access to the subdivision is required across land controlled by another local government, assurance shall be required from the proper authority of that government that access is legally established and the access street shall be adequately improved, or that a performance bond has been duly executed in amount to assure the construction of such street.
- Lot lines shall be laid out so as not to cross boundary lines between adjacent units of government which have separate governing bodies for the purpose of regulation and control of land use and development, as well as for tax purposes.
5-5-4: Public Improvements
Every subdivider shall be required to install the following public and other improvements in accordance with the conditions and specifications in these regulations.
- Permanent reference monuments shall be placed in locations, and of materials as specified in this Article 5, and all lots shall be identified and staked out at the time of presentation of the primary plat.
- Streets and alleys shall be constructed in accordance with the standards and specifications as approved by the Board.
- Bridges and culverts shall be constructed in accordance with applicable engineering standards as approved by the Board.
- All driveways shall be approved by the County Highway Superintendent.
- Underground installation of communication and electric utilities is encouraged and may be required by the Commission.
- All public and private water supply and waste disposal systems seal be constructed in accordance with state and local Health Department plans and specifications.
- Pedestrian walkways and bicycle pathways, if required, shall have easements at least ten (10) feet in width.
- Greenbelt or landscape screening may be required for the protection of residential properties from adjacent major highways, railroad rights-of-way, commercial or industrial areas, or other features of an incompatible nature.
5-5-5: Street Location and Arrangement
Streets within a proposed subdivision shall be dedicated to public use and shall be designed to conform with the following:
- When an official street plan or comprehensive plan has been adopted, subdivision streets shall conform substantially with such plans.
- Local streets shall be so arranged as to discourage their use by through traffic, however, in the interests of public safety and welfare, all streets should be designed to provide at least two (2) points of access to the subdivision.
- Perimeter streets shall be the full required minimum right-of-way width and shall abut the subdivision boundary line, except as provided for frontage roads required for service from highways, as described herein. Half streets will not be permitted.
- Where a subdivision abuts or contains an arterial highway, it shall be required that frontage roads be constructed approximately parallel to and on each side of such highway. The Commission may require such other treatment as is necessary for the adequate protection of residential properties and to separate through traffic from local traffic. A single row of lots backing up to the arterial will not be discouraged, however, vehicular access from the lots to the arterial shall be prohibited.
- Local streets shall be arranged in proper relation to topography in a manner which results in usable lots, safe streets, and acceptable gradients without unnecessary destruction of drainage courses, trees, and other natural features of land.
- Whenever a proposed subdivision borders an existing street, the Commission may require the reconstruction or widening of such street as a condition of plat approval. Additional dedication of right-of-way may also be required.
- No intersection shall be constructed with more than four (4) approach legs, and the development of three (3) legged “T” intersections shall be encouraged due to the increased safety of such intersections.
- When there is a situation of unusual physical conditions or a controlled design environment in evidence and it can be satisfactorily demonstrated to the Commission that a private street is the only feasible solution, said private streets may be authorized provided pavement construction standards shall be the same as the minimum public standard, and adequate covenant provisions are made for direct responsibility and control by the property owners involved to provide for the perpetual operation, liability, and maintenance of said private streets at no expense to the governmental unit.
5-5-6: Lot Arrangement
Design and location of subdivision lots shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with zoning and other regulations, and in providing safe driveway access to buildings on such lots from an approved street.
- Lot dimensions and size shall comply with the minimum standards of the Starke County Zoning Ordinance and Health Department.
- Double frontage and reversed frontage lots shall be discouraged except where necessary to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation.
- The side lines of lots shall generally be at right angles to straight street lines and radial to curved street lines. Front building set-back lines shall be platted and the minimum lot width may be determined at the set-back line.
- Lots shall not generally derive access exclusively from an arterial highway or major collector street. Where driveway access from such streets may be necessary for several adjoining lots, the Commission may require that the lots be served by a common and combined driveway in order to limit possible traffic hazards on such streets.
- Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area.
- Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six (6) inches of cover on the lots and shall be stabilized by seeding or planting as provided for erosion control in this Article 5.
- No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried in any land, or left deposited on any lot or street at the time the buildings are ready for occupancy.
5-5-7: Block Arrangement
Generally, blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth, however, exceptions to this width shall be permitted in blocks adjacent to major transportation facilities, water courses, and commercial or industrial areas.
- Whenever practical, blocks along arterial highways and major collector streets shall not be less than one quarter (1/4) mile in length. In other residential areas, blocks shall not be more than one quarter (1/4) mile in length nor less than four hundred (400) feet.
- In long blocks, the Commission may require an easement through the block to accommodate utility installations, drainage facilities, or pedestrian walkways.
- Where blocks are developed along arterial highways that shall contain alleys, the alleys shall run parallel to the highway and not perpendicular or radial to it so that no intersection is created between the highway and the alley
5-5-8: Subdivision and Street Names
The names of the subdivision and all streets included therein should be determined prior to preliminary plat submission and shall be considered as follows:
- The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision or community within the area covered by these regulations. The Commission shall have final authority to approve the name of the subdivision at the time of preliminary plat conditional approval.
- Street names shall not duplicate any existing name within the area covered by these regulations except where a new street is a continuation of an existing street. Street names that may be spelled differently but sound the same as existing streets shall not be used. The Commission shall have the authority to name any street in case of conflict.
5-5-9: Public Sites and Open Spaces
Existing natural features which add value to any proposed development and that will enhance the attractiveness of the community shall be preserved in the design of the subdivision.
- Where it is determined that a proposed park, playground, school, or other public use as planned by any authorized governmental unit, is located in whole or in part within a proposed subdivision, sufficient area for such public use shall be dedicated to the public, reserved, and/or offered for public purchase. If within ten (10) years of plat recording, the purchase is not agreed upon, the reservation shall be cancelled or shall automatically cease to exist.
- Upon receipt of final approval and recording of any subdivision plat, the Subdivider shall be held responsible for maintaining the entire area included within the subdivision in an orderly, presentable, and attractive condition. Such maintenance shall include, but not be limited to, the necessary trimming of trees, the removal of all debris, undergrowth, dead trees and limbs, all types of substandard structures, the seeding of all areas of disturbed soils that may be subject to erosion, the maintenance of all ditches and drainage facilities, and whatever methods that may be required to prevent any and all accumulation of junk or rubbish of any kind. Such aesthetic control shall be a continuing process prior to the transfer of property to a new owner, at which time the new owner shall assume the same responsibility with respect to the properties under his ownership.
5-5-10: Non-Residential Subdivisions and Planned Units
If a proposed subdivision includes land that is zoned or proposed to be rezoned for commercial or industrial purposes or if a tract of land is proposed for a planned unit development, the layout of the plat with respect to such land shall make such provisions as the Commission may require.
- 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, lot, and block pattern proposed, is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
- Each non-residential lot or parcel shall be shown and marked on the plat as to its intended use.
- Proposed parcels or lots shall be suitable in area and dimensions to the types of development anticipated.
- Special requirements may be imposed by the local government with respect to street, curb, driveway, sidewalk design, and construction.
- Special requirements may be imposed with respect to the installation of public utilities including water, sewer, and storm water facilities.
- Every effort shall be made to protect adjacent areas from potential nuisance from the proposed development, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer when necessary.
- Truck routes shall be established so as to prevent industrial traffic from encroaching into adjacent residential areas.
- To the greatest degree possible, non-residential subdivisions shall be located on major thoroughfares or arterial highways and local residential streets shall be discouraged from extending into nonresidential subdivisions.
- All development plans for unitized uses, in addition to meeting all requirements set forth in this Article 5 for conventional subdivisions may be subject to the following requirements, as determined by the Commission:
- The applicant may be required to provide, along with the subdivision plat, special reports on the geology, soils, hydrology, and other features of the land in order to determine the suitability of the land for its proposed use. All such reports shall be certified by a professional engineer unless such information is available through an appropriate government agency.
- If the proposed project is fully controlled by an Indiana State Agency with respect to design, standards, licensing or any other controls, the Applicant shall be required to submit a written report or approval from such agency, stating the requirements for approval, to the Commission Administrator prior to consideration of the proposal.
- The geometric design standards for streets may be reduced or amended, and the development of one way streets may be allowed as well as the streets with a variable width. However, in no case shall a one way street be less than a paved width of sixteen (16) feet.
- Combinations of collective private driveways, cluster parking areas, parallel or diagonal parking bays, and other special provisions may be allowed in order to reduce traffic conflicts on through streets and to provide more acceptable applications in design and aesthetics.
- Storage areas may be required for anticipated needs of the residents to conveniently store boats, campers, or other recreational vehicles. At a minimum, for typical residential development, one (1) adequate storage space should be provided for every two (2) living units.
- The Commission may require that a maintenance building be provided the size, location of which should be suitable to include the service needs necessary for the repair, and maintenance of all common areas within the project.
- A unitized development plan may include provision for later division of the land into separate units under one (1) ownership, or in to one (1) or more separately owned and operated units. If approved with the development plan, such proposed division of land may be made without further approval, otherwise, a later division of land may be made only upon re-application for approval under the full terms set forth in these regulations.
- All planned unit developments shall contain a total area of square footage as determined by the sum of minimum square footage requirements for each conventional use as set forth in the Starke County Zoning Regulations.
5-6: Design Standards and Specifications
5-6-1: General Provisions
The following regulations shall be considered supplementary and, where more restrictive, preferential to the Starke County Road Ordinance, SCR-I, which is hereby declared to be included in and made part of these subdivision regulations.
A. All standards shall be considered as minimum standards and no subdivision plat shall be finally approved and recorded until all installations have been completed in full accordance with all specifications set forth herein.
All monuments shall be properly set flush with the ground and approved by a registered land surveyor or engineer prior to the time the Commission recommends approval of the final plat.
- The external boundaries of a subdivision shall be monumented in the field and constructed of stone or concrete, not less than thirty (30) inches in length, nor less than four (4) inches square or five (5) inches in diameter, and marked on top with a cross, brass plug, iron rod, or other durable material securely imbedded.
- The spacing and exact location requirements for external boundaries shall be established by the County Surveyor.
- All internal boundaries and those corners and points not covered by the preceding paragraphs, shall be monumented in the field by steel or iron pipes one (1) inch in diameter and thirty (30) inches in length, and shall be placed at all block and lot corners at each end of all curves, and at all internal angle points as required by the County Surveyor.
5-6-3: Signs and Traffic Control Devices
All street name signs, regulatory signs, warning signs, and other traffic control devices shall be installed by the subdivider prior to final plat approval. Such devices shall be determined as to material, size, shape, type, and location by the Starke County Highway Superintendent under the direction of the Board.
5-6-4: Streets and Roads
In order to provide for streets of suitable location, width, and improvement to accommodate expected traffic and afford satisfactory access to police, firefighting, snow removal, sanitation, school buses, road maintenance equipment, to coordinate street development in order to compose a convenient system, avoid undue hardships to adjoining properties, and assure compatibility with long range comprehensive plans, all streets shall be designed according to the geometric patterns set forth in these regulations with clear and unobstructed rights-of-way.
- Subdivision street design, as a general rule, deals with the design of streets which are part of a functionally classified overall street and road system of an area. In designing and approving subdivision streets, the following factors shall receive consideration:
l. Safety for both vehicular and pedestrian traffic.
- Efficiency of service of all users.
- Livability or amenities as effected by traffic elements in the circulation system and economy of both construction and use of land.
- Intersections, including median openings, shall be designed with adequate corner sight distance. In order to maintain these distances, the Board may restrict the height of embankments, location of structures, screening fences, landscaping, and other provisions necessary for intersection sight control.
- Where a deflection angle of more than ten (10) degrees in the alignment of a street occurs, a curve shall be introduced providing for a minimum radii of two hundred (200) feet, but should be greater whenever possible.
- Service alleys are required for loading and unloading in all business, commercial and industrial subdivisions and shall have a minimum paved right-of-way width of twenty (20) feet.
- The Commission may require construction of parking, turning lanes, and transitional tapers where required.
5-6-5: Starke County Road Ordinance, SCR-I
The following standards shall be considered as minimum standards, provided however, if due to unusual or extenuating circumstances, a decision of the County Commissioners shall determine more or less restrictive standards shall better serve the public interests and orderly development, such decision shall take precedence over the minimums specified.
5-6-6: Subdivision Specifications
Public way specifications for application within subdivisions as defined in Article 5.
- The minimum right-of-way width for all streets shall be clearly identified as fifty (50) feet. Half streets shall not be platted. All minimum standards indicated in Chart SCR-IA, attached, shall be adhered to.
- Alleys in residential areas shall be discouraged, however, where approved, shall be a minimum surface width of sixteen (16) feet. In commercial or industrial areas, alleys, where required, shall be provided with a minimum width of twenty (20) feet, or of a greater width if necessary to provide adequate loading and unloading facilities. All alleys shall meet the surfacing standards set forth in Chart SCR-I, within their full width as approved.
- A dead end street or cul-de-sac, if permitted, shall terminate in a circular right-of-way with a minimum outside paved diameter of one hundred twenty (120) feet.
The maximum length of a cul-de-sac street shall be no greater than the width of
five (5) residential platted lots, measured from a corner of the intersecting through street to the nearest outside circumference of the turn-around.
- Intersection of more than two (2) streets at one point and street jogs with centerline offsets of less than one hundred twenty five (125) feet shall be avoided.
- All streets shall intersect at ninety (90) degrees whenever possible and under no circumstances at an angle of less than sixty (60) degrees.
- Clear visibility, measured along the center-line of a street, shall be provided for at least two hundred (200) feet. The maximum vertical grade for all streets shall not exceed twelve (12) percent, provided however, the maximum grade shall be no more than six (6) percent within two hundred (200) feet of a street or railway intersection.
- Streets without a curb or gutter shall include the following:
1 Side ditch swales measuring twelve (12) inches deep at a point three (3) feet inside the right-of-way lines.
2.A swale or culvert at all driveways, sized according to the amount of storm water flow.
3.Culverts under the roadway where necessary. Size of culvert to be according to the amount of storm water flow but not less than twelve (12) inches. All culverts shall extend at least five (5) feet beyond either edge of the paved roadway.
4.Relief of side ditches and swales along the road-way through the use of off-street retention basins or existing drains.
- The subdivider shall provide the subdivision with standard County identification street and traffic control signs at the intersection of all streets and other locations as required by the County Commissioners. No street names shall be used which will duplicate or be confused with the names of existing streets, provided however, existing street names shall be protected whenever possible.
- Utility easements shall be required on all lots. Such easements shall be platted at the rear line of the lot or, along the street line on front or side streets if underground installations are required. The minimum width of such easements shall be sixteen (16) feet and may be shared in eight (8) foot widths to the rear line of back-to-back lots and on all street frontage installations.
- Street surfaces shall be a flexible pavement, meeting the required widths and fully compacted to the depths and of materials as detailed in Chart SCR-IA and as follows:
- Sub-base – Two (2) feet of compaction as approved by the County Highway Superintendent. Width thirty-six (36) feet.
- Six (6) inches of an approved aggregate. Width twenty-two (22) feet.
- Binder – Two (2) inches of hot asphaltic concrete. Width twenty (20) feet.
3A. Surface – One and one-half (1 & 1/2) inches of hot asphalt (#1 1 surface) with two (2) inches of binder, and a six (6) inch base of compacted aggregate #53 limestone.
4.All street surfacing shall begin within six (6) months of Plan Commission approval and shall be completed within one (1) year of such approval unless otherwise approved by the County Commissioners.
- After Commission approval of a final plat and prior to any construction of capital improvements, the subdivider shall submit copies of construction plans for streets, drainage facilities, and other required installations to the County Commissioners at least thirty (30) days before construction begins. Supervision and inspection shall be effected under the direction of the Board of County Commissioners. The contractor shall also be required to notify the Starke County Highway Superintendent forty-eight (48) hours in advance (exclusive of Saturday, Sunday, and holidays) of the need for the following inspections:
1 . Inspection and approval of the sub-grade prior to the placing of the base course shall be as follows:
- All fill shall be free of organic and frozen material. No fill shall be placed over organic, frozen, or unstable material.
- Fill shall be placed in layers not to exceed six (6) inches in depth in a
loose state. Compaction shall be accomplished by an approved method with suitable equipment for the type of material being placed.
- It shall be the responsibility of the subdivider to provide in-place density tests which shall be conducted by a reputable testing laboratory. Copies of test results, certified by a qualified professional engineer, shall be distributed to the Starke County Plan Commission and the Starke County Highway Superintendent. Density tests shall be taken every seven hundred
(700) feet, within the roadway area, with a minimum of three (3) tests on the sub-grade per project. Additional tests may be required by the County Highway Superintendent as conditions require.
d. Compaction shall be ninety (90) percent of standard proctor for the top two (2) feet, for cut areas and for the entire depth of fill areas. Moisture content shall be within four (4) percent of the optimum moisture value for the material used.
2.1nspection and approval of the Base Course prior to the placing of the hot asphalt concrete shall be as follows:
- In-place density test for the base course shall be as required in lc.
- Compaction requirements for the base course shall be ninety-five (95) percent of standard proctor. Moisture content shall be within four
(4) percent of optimum moisture value for the material used.
3.Final inspection of bituminous surface upon completion prior to acceptance.
- Streets (and alleys, if approved) shall be completed to grades, materials, and dimensions shown on plans, profiles, and cross sections provided by the subdivider, and approved by the County Commissioners.
- The County Commissioners may temporarily approve the construction of streets with a compacted depth, consisting of a sub-base and base as specified in J-1 and J-2, provided that a completion bond or binding agreement, in amount and surety satisfactory to the Commissioners, is executed for the construction of the binder, no more than two (2) years from the date of completion of the sub-base and base.
- Upon completion of all improvements and installations required of the subdivider, or the provision of a bond in amount and surety to the Board of County Commissioners to cover all such completion costs, and prior to the acceptance and approval thereof for County maintenance, the subdivider shall be required to provide a two (2) year maintenance bond or binding agreement which shall:
- Run to the Board and be in an amount equal to twenty (2()) percent of the cost of said improvements as estimated by, and be of surety, satisfactory to the Boards.
- Warrant the workmanship and all materials used in the construction, installation, and completion of said improvements and installations, to be of good quality and to have been constructed and completed in full accordance with the standards, specifications, and requirements of this Article 5 and with the plans and specifications approved.
5-6-7: Miscellaneous County Specifications
Miscellaneous provisions affecting all Starke County Highways and Public Roads.
- No private or legal ditch or drain of greater than two (2) feet in depth shall be constructed within six (6) feet of any road or street right-of-way line, nor shall the expansion or extension of such existing ditch or drain be constructed within this limitation. Any construction or reconstruction meeting the forgoing description shall require full written approval of the Board of Starke County Commissioners and/or the Starke County Drainage Board at least two (2) weeks prior to commencement.
- Drainage swales or ditches along roads or streets shall not be filled, tiled, or altered in any way without prior written approval of the Board of Starke County Commissioners.
- No structure or planting of any kind which obstructs sight lines within elevations between two and one-half (2 1/2) feet and eight (8) feet above the road or street grade shall be permitted on any corner property within the triangular area formed by the street right-of-lines and a line connection points forty (40) feet from the intersection of said right-of-way lines, extended.
5-6-8: Effective Date and Approval Certifications
This Article 5, with respect to its specific terms, shall be given full force and effect upon passage. All other existing provisions for the design and standards for Starke County roads, streets, public ways, and drainage requirements are hereby repealed.
5-7: Design Standards
5-7-1: Drainage Facilities
The Commission shall not recommend for approval any subdivision plat when provision has not been made for adequate storm or flood water runoff. Drainage systems shall be separate and independent of any sanitary sewer system. Storm sewer drainage, where required, shall be designed according to professional, acceptable engineering standards, and approved by the Board. Inlets shall be so constructed that surface water is not carried across or around any intersection, nor for a distance of more than four hundred (400) feet in any gutter without emptying into a catch basin. Surface water drainage patterns shall be shown for each and every lot and block.
- The subdivider may be required to carry away by pipe or open ditch, any spring or surface water that may exist either previously to, or as a result of the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible, or in a perpetual unobstructed easement of appropriate width. Drain facilities shall be provided under driveways so that the flow of water in ditches is not impeded.
- Where a public storm sewer is accessible, the subdivider shall install storm sewer facilities, or if no outlets are located within a reasonable distance, adequate provision shall be made for the disposal of storm waters subject to the approval of the Board.
- If the Board determines that a connection to a public storm sewer will eventually be provided as shown in existing local plans or programs, the developer shall make arrangements for future storm water disposal in the subdivision, by a public utility system at the time the plat receives final approval. Provision for such connection shall be incorporated by inclusion in the bond or binding agreement required for completion of all public facilities.
- Approval of a subdivision plat may be withheld or denied if the proposed site is subject to poor drainage or flooding, unless the subdivider presents a feasible plan designed to correct such conditions that may be considered acceptable to the Commission and the Board.
- The Commission shall prohibit the subdivision of any portion of the property which lies within a flood plain when such action is deemed necessary for protection of the health, safety, or welfare of the present or future population of the area, and necessary for the conservation of water, drainage, and sanitary facilities. Any approvals within a flood plain shall, at a minimum, meet the requirements of the Indiana Department of Natural Resources.
- Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, the subdivider shall provide a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction as will be acceptable to the Board. Such easement shall be adequately monumented by open channel with proper erosion control and landscaped banks.
- Storm water management facilities shall be designed to meet the following criteria:
- The post-developed peak flow rate shall not exceed the pre-developed peak flow rate for all storms, i.e. the post-developed peak flow rate generated by the annual storm shall not exceed the pre-developed peak flow rate generated by the annual storm, the post-developed peak flow rate generated by the two (2) year storm shall not exceed the pre-developed flow rate generated by the two (2) year storm, etc.
- The maximum allowable post-developed peak flow rate shall not exceed the pre-developed peak flow rate generated by the ten O) year storm.
- All storm water management plans shall include emergency overflow routing.
- All detention and retention ponds shall include a positive outlet.
- Storm water flows shall be calculated using generally accepted methods appropriate for the size of the development such as the Rational Method, TR-55, TR-20, etc. Standard Intensity Duration Frequency (IDF) curves for Northwest Indiana shall be used for storm water calculations. A storm water management report and plan showing all assumptions, calculations, drainage basin delineations, etc. shall be submitted to the Administrator and the Starke County Drainage Board for review and approval.
5-7-2: Water and Sewers
Whenever possible, the subdivider may be required to provide a water supply system capable of providing water for domestic use and fire protection, and the location of such improvement shall be shown on the final plat.
- In rural areas where a public water system is not available, in the discretion of the Commission, individual wells may be used, or a central system provided, in such manner that an adequate supply of water will be available to every subdivided lot. Individual wells and central systems shall be sampled and approved as directed by the State Board of Health.
- All sanitary and sewer facilities shall be designed and installed under the direction of the Health Department. No septic system shall be located or constructed on any lot prior to application, inspection, and approval by the local health authority. No zoning clearance permits for land use or construction that requires new or improved sanitary facilities shall be issued until such Health Department approval has been received.
5-7-3: Erosion Control
The Commission may require an erosion control plan for those areas more likely to be subject to erosion during or after construction. All berm areas and disturbed soils as a result of excavating, leveling, or grading shall be newly seeded. An accepted method of accomplishing this purpose is outlined in the following procedure.
- Fertilize, using six hundred (600) pounds per acre 12-12-12 or equal.
- Seed mixture per acre:
- Twenty (20) pounds, Tall Fescue.
- Twenty (20) pounds, Smooth Brome Grass.
- One (1) bushel, Agricultural, Wheat, Rye, or Oats.
- If the earth is not disturbed, but exposed as a result of construction, or has poor seed stand, the area shall be over seeded. Over seeding shall consist of the following per acre:
l . Fertilize, using six hundred (600) pounds per acre, 12-12-12 or equal. Follow with a seed mixture per acre of:
- Twenty (20) pounds, Tall Fescue, and
- Twenty (20) pounds, Smooth Brome, Grass.
5-8: Specifications for Documents
(See Fonn SD-I, for all required plat data)
5-8-1: Sketch Plat
A professional drawing is not required for preparation of a sketch plat. It may be hand drawn on an appropriate size sheet of paper to accommodate a scale of approximately two hundred (200) feet to the inch, showing the necessary information for an informed discussion with the Administrator in order to provide the Subdivider with as complete an understanding as possible of his full responsibilities and procedures toward the development of the final plat, acceptable for approval consideration by the Commission. The following items should be made available for the pre-platting conference with the Administrator:
- Location of property to be subdivided by section, township, and part of section direction from the nearest county road intersection or other practical location information, dimensions, and acreage involved in the development.
- Explanation of type of development proposed, such as residential, commercial, industrial, or other use classification.
- Name, address, and telephone number of the legal owner of the property and his agent.
- Description of any existing structures, legal rights-of-way, easements, covenants, highways, railroads, utilities, and waterways, inclusive or adjacent, that may affect the development plan.
- Identification of all adjacent property owners, subdivision parks, schools, or other identifiable land uses within one hundred (100) feet of the proposed development area.
- A general layout of streets, lots, blocks, all reservations for future roads, and private or public uses within the entire proposed project.
- General information with respect to accommodation for sewage disposal, fresh water, and drainage facilities.
- Existing topography and contour data, including drainage channels, streams, springs, flood zones, rock outcrops, structures, woodlands, or other features that may affect the proposal.
An application for consideration for primary approval shall be submitted in conjunction with all subdivision proposals, which shall include any type of major development projects.
- Application forms are available from the Administrator.
- The applicant shall provide all the information set forth in the application and submit same in duplicate. The Administrator will review the information required with the applicant upon request.
- In addition to the number of required copies of the plat, the application shall be accompanied by the various informational documents as specified in these regulations and the required fees.
5-8-3: Soils Survey
A general survey of the soil types within the proposed development area is available through the United States Department of Agriculture, Soil Conservation Service. The survey will provide a broad classification of soils in the area and their limitations as to various uses. A more detailed report by a qualified engineer will be required for the feasibility report.
5-8-4: Feasibility Report
This report, to be prepared by a thoroughly qualified engineer or land surveyor, will play a major part in the Commission’s deliberation toward arriving at a decision to grant primary approval of the proposed project. Its authenticity shall be carefully considered by both the Health Board and the Commission as the information supplied will provide the first step in a determination of suitability for development in the area designated. In its scope, the report shall provide as accurately as possible, a general study and opinion of the effect of the following features on the area under study and the impact on surrounding land uses:
- Will the development pattern utilize the natural topography and geologic features existing, including scenic vistas and trees?
- What are the existing natural drainage patterns and to what extent will they be disturbed by the development of this project? Can a feasible construction plan be proposed to prevent such disruption and provide adequate facilities for proper drainage without adverse effects on surrounding lands, and will such facilities safeguard the water table and minimize flooding conditions?
- Has consideration been given to the preservation of useful agricultural land, woodland, wildlife, wetland resources, and the compatibility of these and other uses with the development under study, and to what extent will the completed project affect the expenditure of public funds in respect to all public services such as utilities, roads, drains, police and fire protection, and schools?
- Has a more detailed analysis of soil types than is available from the U.S. Soil Conservation Service survey provided, been completed for each platted lot in order to determine individual lot suitability for building and sewage disposal installations? This analysis shall be provided in the report prior to submission to the Health Department for their review and verification opinion.
5-8-5: Construction and Drainage
Plans shall be prepared for the installation of all required improvements to be completed by the subdivider, drawn to a scale of no more than fifty (50) feet to the inch, of a size equal to the subdivision plat. The following data shall be provided:
- Profiles showing existing and proposed elevations along centerlines of all roads. Where an existing street is intersected by a proposed street, the elevation along the centerline of the existing street, within one hundred (100) feet of the intersection, shall be shown, plus approximate radii of all curves, lengths of tangents, and central angles on all streets.
- The Commission may require, where steep slopes exist, that cross sections of all proposed streets at one hundred (100) foot stations shall be shown at all locations as follows: On line at right angles to the center-line of the street, each property line, and points twenty-five (25) feet inside each property line.
- Plans and profiles showing the locations and typical cross-section of street pavements including curbs, gutters, sidewalks, if any, swales and drainage easements, servitudes, rights-of-way, manholes, catch basins, location of street signs, location, size and invert elevations of existing or proposed sanitary sewers, stormwater drains, fire hydrants, showing connections to any existing or proposed utility systems, and exact location and size of all water or other underground utilities or structures.
- Location, size elevation, and other appropriate description of any existing or proposed facilities or utilities, including but not limited to streets, sewers, drains, water mains, easements, water bodies, streams, floodplains, and other pertinent features within the proposed project.
- Topographic features at the required scale, with contour intervals of from two
(2) to five (5) feet, as required, referred to sea level datum provided by the latest applicable U.S. Coast and Geodetic Survey, and should be so noted on the plat.
- All specification and references required by the local government construction standards and specifications, including a site-grading plan for the entire development area, if required.
- Printed title, name, address of the registered engineer or qualified professional person with certification by signature, registration number of such person responsible for the preparation of plans, and the date of the plan completion.
5-8-6: Public Hearing Notification Affidavit:
This affidavit, furnished by the Administrator, shall be completed by the Applicant prior to all hearings before the Commission. It does not require citizen approval of the proposed project, but merely constitutes an assurance that all persons, considered by the Commission to be “interested parties” have received notice of the hearing at least five (5) days prior to the scheduled date. The applicant shall present the completed affidavit at the time of the hearing.
CHECKLIST OF REOUIREIWNTS FOR
SUBDIVISION/DEVELOPIWENT PLAN PROCESSNG
Administrative (major and minor subdivisions, commercial, and industrial developments)
- Completed application
- Fees paid
- Feasibility report from the Starke County Health Department Sanitarian
- Proposed restrictive covenants, property owner’s association agreements, condominium agreements, etc.
- Copy of “Rule 5” permit application
- Drainage calculations
- Drainage plan approval letter from Starke County Drainage Board
Starke County Commission
Courthouse, Knox, Indiana 46534
Application for Primary Subdivision Approval
I hereby apply for consideration of approval for a subdivision located within Starke County and described as follows:
Subdivision Name: Addition to:
Section: Township: Part: Parcel:
On the: Side of:
Feet of new roads, for the purpose of:
Residential, Commercial, or Other Use
Land Owner of Record:
Home Phone: Business Phone:
Surveyor and/or Engineer:
Registration No. State: Phone:
Local Agent or Attorney:
Dedications, Public and Private:
Existing Zoning: Proposed:
Sewer & Water Facilities Existing:
Signature (Owner of Record):
The following documentation is required for submission with this application:
Soils Survey, feasibility report, construction plans, proposed drainage plans, ten (10) copies of appropriate plat, required fees and advertising costs, application in duplicate, and a vicinity map of plat.
Received by Fees: $
Filing: $ per Lot: $and
advertising. For a total of: $
Form SD-2 (04/82) Date: No. Pages:
Starke County Plan Commission
Request for Minor Subdivision Approval
Subdivision Name: Sec.Twp.
Received by: Fee: $ Receipt No.
Plat and required data: include only the area to be improved.
Form SD – 3A
1,, hereby certify that I am a professional land surveyor (engineer), licensed in compliance with the laws of the State of Indiana: that this plat correctly represents a survey completed (caused) by me, and that all monuments, elevations, soils information, descriptions, and other data specified hereon have been accurately determined, described, and stated:
State License: Date:
I/We own the land hereon described and have caused same to be subdivided and platted. All lands described herein for public use, without prior dedication, are hereby dedicated for public use.
County of Starke
State of Indiana
Before me,, a Notary Public in and for said County and State, do hereby state that on this day of , 20 personally appeared the principal(s) and each separately and severally acknowledged the execution of the foregoing instrument as his voluntary act and deed.
Witness my hand and seal:
My Commission Expires:
Plan Commission Decision:
Meeting of: , 20
Approval in no way constitutes approval or guarantee of improvements within severe limitation soil areas, platted hereon and described by appropriate designation. All sanitary facilities shall be approved by the Starke County Health Department prior to installation.
Commission Secretary: Date:
(Note 1 : Starke County Commissioners Certification, only if plat includes any dedications of land for public use).
All lands herein platted and dedicated for public use are hereby considered
The Starke County Board of Commissioners:
Offices of Starke County Plan Commission
Knox, Indiana 46534 219-772-9133
1/We do hereby certify that notice of a
hearing to be held on20 , at o’clock local
time, in the Starke County Court House, Knox, Indiana, for Plan Commission consideration of the following proposal:
was sent by Certified or Registered Mail, return receipts requested, or acknowledged by personal signature (below), to all owners of property of record, located adjacent, opposite to, and within one hundred (100) feet of the premises described above.
Names of Parties Notified Address
And that such mailing was accomplished on or before the day of
, 20 , being at least ten (10) days, prior to the date set for
County of Starke
State of Indiana
Subscribed and sworn to before me, a Notary Public, in and for said County and
State, this day of 20
My Commission expires: , 20
Meets regularly third Wednesday of each month.
Maintenance or Completion Agreement
General form of bond or secured agreement for maintenance or completion of all capital improvements required under the Starke County, Indiana subdivision regulations.
Know all men by these presents. That I/We.
and the (Company) corporation authorized to do business in the State of having an office and place of business at , as
surety, are held and firmly bound unto the Board of Commissioners, Starke County, Indiana, as Obligee, in the sum of dollars, ($ lawful money of the United States for the payment whereof to the Obligee, the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns jointly and severally to these presents:
Signed, sealed and dated this day of , 20
Whereas; Application was made to the Obligee for approval of a subdivision shown on the plat entitled “, said final plat having been approved by the Starke County, Indiana. Plan Commission on
, 20 upon certain conditions, one of which is that prior to recording of the subdivision, a maintenance and/or completion bond or binding agreement in an amount equal to percent of the total cost of installation of all capital improvements required within said subdivision be filed with the Board of Commissioners, Starke County, Indiana, to guarantee certain construction conditions.
Now, therefore the condition of this obligation is such that if the above named Principal shall within from the date of recording of the herein described subdivision plat truly make and perform the required maintenance or completion of capital improvements within said subdivision in accordance with the local government specifications and standards as set forth in the Starke County Subdivision Ordinance, and shall also warrant the workmanship and all materials used in such construction, installation, and maintenance of said improvements, to be of good quality and to have been completed in full accordance with such standards, specifications, and requirements, and if any plans and specifications approved, this obligation shall be declared to be void; otherwise to remain in full force and effect.
It is hereby understood and agreed that in the event that any required maintenance and/or completion has not been installed as specified herein, within the term of this secured agreement, the governing body may declare this agreement to be in default. The governing body may then collect the sum remaining payable thereunder, and upon receipts of the proceeds thereof, the local government shall install and maintain such improvements as are covered herein and commensurate with the extent of construction development that has taken place in the subdivision, but not exceeding the amount of such proceeds.
The following certifications shall be required on or with each subdivision plat, prior to secondary approval and recordings:
Owner(s) Certification: Dedication:
1/We (Name)do hereby certify that we are
the owners of the land herein described and have caused the same to be surveyed, subdivided and platted in accordance with the within plat.
This subdivision shall be known and dedicated as:
an addition to , in Starke County,
All streets, alleys, and other public improvements platted herein, and not heretofore dedicated, are hereby dedicated to the public and the County of Starke,
Front and comer side yard building lines are hereby established as shown on this plat, between which lines, and the property, and street right-of-way lines, no structures or buildings shall be erected or maintained.
Restrictions and Covenants:
Provision for off-street easements, at the rear of lots sixteen (16) feet in width, indicated on this plat as “Utility Easement” are hereby reserved for the use of public utilities to install, lay, erect, construct, renew, operate, repair, replace, and maintain sewers, water mains, drainage facilities, gas mains, conduits, cables, and wires, either overhead or underground, with all necessary braces, guys, anchors, and other appliances in, upon, along, and over the strips of land so designated, together with the right to enter upon said easements for public utilities at all times, for any and all the purposes aforesaid, and to trim and keep trimmed any trees, shrubs, or saplings that interfere with any such utility equipment. No permanent structures shall be placed on such easements, but same may be use for gardening or other planting that does not interfere with the utility uses described. The
easement area of each lot shall be continuously maintained by the owner thereof. Road frontage easement may be provided in eight (8) foot widths, solely for the purpose of underground utility installations. No above ground installations shall be permitted along front or side road lines.
(Additional restrictions required by the Plan Commission shall be herein included. The subdivider may also include any protective covenants he may consider necessary. See SD Supplement A).
The foregoing conditions, decisions, limitations, and restrictions are to run with the land, for the common benefit and protection of the public, and all owners of lots platted herein, and shall extend to be obligatory and held binding upon the person or persons holding title to the lands herein described, or to whom title may be conveyed by the dedicators, and to the heirs, executors, administrators, successors, and assigns of such person(s). Invalidation of any one of the foregoing covenants or restrictions by judgement or court order shall in no ways affect any of the other covenants or restrictions, which shall remain in full force and effect.
In witness whereof, the undersigned have caused this instrument to be executed and hereunto set their hands and seals this day of
The above certification shall be notarized here.
1, , hereby certify that I am a professional land surveyor (engineer), licensed in compliance with the laws of the State of Indiana: that this plat correctly represents a survey completed (caused) by me, and that all monuments, elevations, soils information, descriptions, and other data specified hereon have been accurately determined, described, and stated:
Plan Commission Certificate:
Under authority provided by the Indiana Code 36-7-4-700, this subdivision plat was granted primary approval by the Starke County Plan Commission in a public meeting, held on 20 , with provision that such decision in no way constitutes approval or guarantee of any improvements installed within areas classified as severe limitation soils by the U.S. Soil Conservation Service, indicated hereon by appropriate designation. Although some areas so indicated may be considered by the Starke County Health Department as marginally acceptable for sewage disposal installations, such determination shall be reserved pending the results of individual on-site inspections at time of application for improvement permits:
Starke County Plan Commission:
Board of County Commissioners Certificate:
This is to certify that all regulations as set forth in Article 5, Subdivision of the Code of the County of Starke, Indiana have been met and completed, including required provisions and secured agreements for installation and maintenance of a ll capital improvements as platted hereon and dedicated to the public. Such dedications are hereby accepted for public use:
Board of Commissioners, Starke County, Indiana:
Auditors Certificate: Recorders Certificate: