No plat or replat of a subdivision of land located within the jurisdiction of the Howard County Plan Commission shall be recorded until it shall have been approved by the Howard County Plan Commission, and such approval shall have been entered in writing on the plat by the President and Secretary of the Commission.

Except as otherwise provided in this Ordinance, no subdivision of land shall be created, established or platted within the territorial jurisdiction of the Howard County Plan Commission until there has been compliance with all provisions of this ordinance and all other elements of the Master Plan.

Any subdivision of a parcel of land for purposes other than agricultural use shall be reviewed by the Plan Commission and a determination shall be made that such division is in accordance with the Master Plan.

A.   PRELIMINARY CONSIDERATION

In order to make the most of the opportunities related to the subdivision and to conserve time, effort and expense, the owner should consult with the Director, the County Surveyor, the technical representative of the Soil and Water Conservation District, the County Engineer, the Board of Health and other public officials prior to the preparation of the Preliminary Plat of the subdivision.  The Master Plan should be reviewed to determine how the proposed plan will fit into the Master Plan; Requirements of Official Major Streets and Highways Plan; school and recreational sites; shopping centers; community facilities; sanitation; water supply and drainage; and relationship to other developments, existing and proposed in the vicinity, should be determined in advance of the preparation of the subdivision.  Consultation should also be held with those familiar with the economic factors affecting the subdivision.  A thorough estimate of the situation will result in sound decisions with respect to the form, character and extent of the proposed subdivision.

The Commission shall review all proposed subdivisions to determine whether the subdivision lies in a flood prone area as defined elsewhere by ordinance.  If the Commission finds the subdivision to be so located, the petitioner shall forward all pertinent plans and materials to the Indiana Department of Natural Resources for review and comment. The Commission may require appropriate changes and modifications in order to assure that it is consistent with the need to minimize flood damages; all public utilities and facilities; such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; adequate drainage is provided so as to reduce exposure to flood hazards; and that on site waste disposal systems, if provided, will be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.

B.     PRELIMINARY PLAT FOR SUBDIVISION

After the preliminary consideration stage, the subdivider shall submit a written application requesting for Preliminary Approval of a Subdivision Plat to the Commission.  Such application shall be accompanied by the information, requirements and plans set forth in the following Steps 1 and 2 of this Article, all in accordance with the requirements set forth in Title III of this Ordinance.

Step 1.   PRELIMINARY PLAT PREPARATION

The subdivider shall provide a plan for the subdivision which shall show the manner in which the proposed subdivision is coordinated with the Master Plan and its provisions; specifically with relation to the requirements of the Official Major Streets and Highways Plan;  and those items reviewed during the Preliminary consideration; provided, however, that no land shall be subdivided for residential use unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography, or any other feature harmful to the health and safety of possible residents and the community as a whole.

The subdivider shall provide the following:

A.  Location Map ( which may be prepared by indicating the data by notations on
      available maps) showing:
                       a.  Subdivision name and location.
                       b.  Any thoroughfares related to the subdivision.
                       c.  Existing elementary and high schools, parks and playgrounds,
                            shopping centers or stores, serving the area proposed to be
                            subdivided, and other community facilities.
                       d.  Zoning of the site and adjoining
                       e. Nearest approved drainage outlet.
                       f.  Title, scale, north point and date.

B. A Preliminary Plat showing:
                       a.  Proposed name of subdivision.
                       b.  Names and addresses of the owner, subdivider and the planner, land
                            planning consultant, professional engineer or registered surveyor,
                            who prepared the plan.
                       c. Streets and rights-of-way, on and adjoining the site of the
                           proposed subdivision showing the names (which shall not duplicate
                           other names of streets in the community, except as designated by the
                           Commission.) and including roadway widths, approximate gradients,
                           types and widths of pavement, curbs, sidewalks, cross-walks and tree
                           planting.
                       d. Easements: Locations, widths and purposes.
                       e. Existing sewers, water lines, culverts and other underground
                           structures, and power transmission poles and lines, within and
                           adjacent to the tract.
                        f. Layout of lots, showing dimensions and numbers.
                       g. Parcels of land proposed to be dedicated or reserved for schools,
                           parks, playgrounds other public, semi-public, or community purposes.
                       h. Contours at vertical intervals of two (2) feet if the general slope of the
                           site is less than ten per cent (10%) and at vertical intervals of five (5)
                           feet if the general slope is greater than ten per cent (10%).
                        i. Tract boundary lines showing dimensions, bearings, angles, and
                            references to section, township and range lines or corners.
                        j. Building lines.
                        k. Legend and notes.
                        l.  Other features or conditions which would affect the subdivision
                            favorably or adversely.
                       m.  Scale*, north point and date.
                       n.  Plans and specifications for the improvements required in this
                            Ordinance.
                       o.  Detailed grading plans shall be submitted simultaneously with the
                            preliminary plat to illustrate solutions to topography or drainage
                            problems.

These plans shall show topographically and by profile the elevation of the land prior to any phase of subdividing, and any proposed changes in elevations and flow of surface water, resulting from proposed subdivision development.  Such plans shall be of the same scale and size as the preliminary plat and shall be prepared in such a manner as will permit the topographic detail to be used as an overlay to the preliminary plat.

Upon the face of the subdivision plat, certification is required by a Registered Professional  Engineer, or Land Surveyor, and the owner of the land or his duty     authorized attorney confirming that to the best of their knowledge and belief the  drainage of surface waters will not be significantly changed by the construction of such subdivision or any part thereof, or, that if such surface water drainage will be changed; adequate provision has been made for such surface waters.

C. A Description of the Protective Covenants or private restriction to be incorporated in the plat of the subdivision.

D.  A Soils Report for the site shall be prepared by technical personnel of the Soil and Water Conservation District, or by an engineer registered in the State of Indiana.  This report shall indicate the degree of limitations of the soils in the proposed subdivision with respect to the proposed building development, road, construction, drainage, sewage disposal system, erosion control, and such other information that might assist the Commission in its review of  the preliminary plat.
 

* The Preliminary Plat of the subdivision shall be drawn to a scale of fifty (50 feet to one (1) inch, or one hundred (100) feet to one (1) inch;  provided, however, that if the resulting drawing would be over thirty-six (36) inches in shortest dimension. a scale as recommended by the Commission may be used.

E. Area Drainage Map showing the following:

                       a. Total drainage area.
                       b.  Size and location of an outlet as defined in Section 5; Article 4, to
                            which the water from the proposed subdivision.
                       c. Size and Location of any legal drain which will be affected by the
                           proposed subdivision.
                       d. Cross sections of open ditch outlets and invert elevations of tile
                           outlets shall be shown.
                       e.  Proposed location of all surface and subsurface drainage systems, as
                            required in Section 5; Article 4.
                       f.  Scale and north arrow.

F.  An Erosion Control Plan which will adequately control soil erosion and the resulting sedimentation from occurring during and after the development of a subdivision.  This Erosion Control Plan shall include the following:

             a.  Plans and specifications of all necessary soil erosion and sedimentation
                  control measures in accordance with standards and specifications of the
                  Soil and Water Conservation District.
            b.  A timing schedule indicating the anticipated starting and completion dates
                  of the development sequence and the time of exposure of each area prior
                  to the completion of effective erosion and sediment control measures.

The application shall be accompanied by a certified check or money order in the amount of fifty dollars ($50.00) plus five dollars ($5.00) for each lot in the proposed subdivision to cover the cost of checking and verifying the proposed plat, and such amount shall be deposited in the General Fund of the County.

Step 2. Preliminary Plat Approval

A.  Tentative Approval. After an application for approval of a preliminary plat of a subdivision, together with five (5) copies of all maps and data, has been filed, the Commission shall review  the application and give its tentative approval, or return the application to the subdivider with suggestions for changes within a period of forty-five (45) days from the date of application.  No application will be considered at a meeting unless it has been filed with the Commission at least ten (10) days before the date of such meeting.

B.  Public Hearing,  After the Commission has given tentative approval, it shall set the date for a public hearing and notify the applicant in writing.  The applicant shall notify by general publication or otherwise, all adjacent property owners and any person or governmental unit having a probable interest in the plat proposed in the application.  The cost of publication of the Notice of Hearing shall be met by the applicant.

C.  Approval,  Following the public hearing and within forty-five (45) days after which the application receives tentative approval, the Commission shall approve the plat proposed in the application subject to its receipt of an acceptable Final Plat, or disapprove the plat, setting forth its reasons in its own records and providing the applicant with a copy.

D.  Approval Period, An approval shall be effective for a period of thirty-six (36) months, unless upon request of the applicant to include all or only a part of the approved plat, the Commission grants an extension.  If the Final Plat is not received by the Commission within the period specified, all previous actions by the Commission with respect to the plat shall be deemed to be null and void.

E.  Final Plat of Subdivision, Following the approval of the Preliminary Plat, the Commission will notify the applicant in writing that it is ready to receive the Final Plat. The Final Plat shall meet the specifications and requirements as set forth on the following Steps 3 and 4 of this Article, all in accordance with the  requirements set forth in Title III of this Ordinance.

Step 3. Final Plat Specifications

A. The Final Plat may include all or only part of the Preliminary Plat which has received approval.

B.  The original drawing of the Final Plat of the subdivision shall be drawn to a scale of fifty (50) feet to one (1) inch,  provided that the resulting drawing shall be 18' x 24' with two inches on the left hand side reserved for binding.  If necessary, in order to meet these dimensions, a scale of one hundred (100) feet to one (1) inch, may be used.  Five black or blue line prints shall be submitted with the original Final Plat, or, in order to conform to modern drafting and reproduction methods, five black line prints and a reproducible print shall be submitted.

C. The following basic information shall be shown:

                  1.   Accurate boundary lines, with dimensions and angles, which provide a
                        survey of the tract, closing with an error of not more than one (1) foot
                        in ten thousand (10,000) feet.
                  2.  Accurate distances and directions to the nearest established street
                       corners or official monuments.  Reference corners shall be accurately
                       described on the Plat.
                  3.  Accurate locations of all existing and recorded streets intersecting the
                       boundaries of the tract.
                  4.  Accurate metes and bounds description of the boundary.
                  5.  Source of title of the applicant to the land as shown by the last entry in
                       the books of the County Recorder.
                  6.  Street names
                  7.  Complete curve notes for all curves included in the plan.
                  8.  Street lines with accurate dimensions in feet and hundredths of feet,
                       with angles to street, alley and lot lines.
                  9.  Lot numbers and dimensions.
                  10. Accurate locations of easements for utilities and any limitations on such
                         semi-public or community use.
                  11.  Accurate dimensions for any property to be dedicated or reserved for
                         public,  semi-public or community.
                  12. Building lines and dimensions.
                  13.  Location, type, material and size of all monuments and lot markers.
                  14.  Restrictions of all types which will run with the land and become
                         covenants in the deeds for lots.
                  15.  Name of the subdivision.
                  16.  Name and address of the owner and subdivider
                  17.  North point, scale and date.
                  18.  Certification by a registered land surveyor.
                  19.  Certification of dedication of streets and other public  property.
                  20. Certificate for approval by the Commission.
                  21.  Certificate for approval by the Board.
                  22.  All subdivision plats  containing lands identified elsewhere by
                         ordinance as flood prone areas shall have the elevations of the 100
                         year flood listed thereon.

Step 4. Final Plat Approval

A.  When the Final Plat is submitted to the Commission, it shall be accompanied by notice from the Board stating that there has been filed with and approved by that  body, one of the following:

                 1.  A Certificate that all improvements and installations except individual
                      septic tanks and wells for the subdivision required for its approval have
                      been made or installed in accordance with specifications; or
                 2.   A bond which shall:
                                  a.  Run to the Board.
                                  b.  Be in an amount determined by the Board to be sufficient to
                                       complete the improvements and installations in compliance
                                       with this Ordinance.
                                  c.  Be with surety satisfactory to the Board, and
                                  d.  Specify the time for the completion of the improvements and
                                       installations.

B.  Upon the completion of the improvements and installations, except individual septic tanks and wells, required of a subdivider for the approval of a Final Plat, and prior to the acceptance thereof for public maintenance by the Board or, if applicable, to any other governmental unit, the subdivider shall provide a three (3) year maintenance bond which shall:

                 1.  Run to the Board and, if applicable,  to any other governmental unit
                      having a legal responsibility for the maintenance of said improvements
                      and installations.
                 2.  Be in an amount equal to ten per cent (10%) of the cost of said
                      improvements and installations as estimated by the Board.
                 3.  Provide surety satisfactory to the Board.
                 4.  Warrant the workmanship and all materials used in the construction,
                     installation and completion of said improvements and installations to be
                      of good quality and have been constructed and completed in a
                      workman like manner in accordance with the standards, specifications
                      and requirements of this Ordinance and the satisfactory plans and
                      specifications thereof.
                 5.  Provide that for a period of three (3) years after said installations and
                      improvements have been completed or are accepted for public
                      maintenance by any appropriate governmental unit or agency thereof,
                      the subdivider will at his own expense make all repairs to said
                      improvements and installations, or the foundations thereof, which may
                      become necessary by reason of improper workmanship or materials with
                      such maintenance, however, not to include any damage to said
                      improvements and installations resulting from forces or circumstances
                      beyond the control of said subdivider or occasioned by the inadequacy of
                      the standards, specifications, or requirements of this Ordinance.

C.  Within a reasonable time after application for approval of the Final Plat, the Commission shall approve or disapprove it.  If the Commission approves, it shall affix the Commission's seal upon the plat, together with the certifying signature of its president and secretary.  If it disapproves, it shall  set forth the reasons for such disapproval in its own records and provide the applicant with a copy.

D.  The final plat, if approved shall be recorded with the Howard County Recorder within twelve (12) months from the date of approval by the Commission.  If the final plat is not recorded within the period specified, all previous actions with respect to the plat, shall be deemed to be null and void.

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

The subdivision plan shall conform to the principles and standards which are generally exhibited in the Master Plan.

A.  The street and alley layout shall provide access to all lots and parcels of land within the subdivision, and where streets cross other streets, jogs shall not be created.

B.  Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.

C.  Certain proposed streets, where appropriate, shall be extended to the boundary line of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity.

D.  Wherever a proposed subdivision lies adjacent to a dedicated or platted portion of a street or alley, the remainder of said street or alley shall be platted within the proposed subdivision to the prescribed width.

E.  Widths of streets and highways shall conform to the width specified on the official Major Streets and Highways Plan, Article 4, Section 2, and the Thoroughfare Standard Cross-Sections, Figures 3 and 4, dated 1975, contained in this Ordinance.

F.  All Cul-de-Sacs shall terminate in a circular right-of-way with a minimum diameter of one hundred (100) feet and shall not exceed six hundred (600) feet in length.

G.  Alleys shall be discouraged in residential districts but should be included in commercial and industrial areas where needed for loading and unloading or access purposes, and where platted shall be at least twenty (20) feet in width.

H.  The center lines of streets should intersect as nearly at right angles as possible.

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

J.  At intersections of streets the property line corners shall be rounded by arcs with radii of not less than fifteen (15) feet, or by the chords of such arcs.

K.  If the smaller angle of intersection of two streets is less than sixty (60) degrees, the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Commission.

L.  Intersections of more than two (2) streets at one point shall be avoided.

M.  Where parkways "Limited Access Highways",  Arterials or special types of streets are involved, the Commission may apply special standards to be followed in their design.  These may include provisions for a Marginal Access Street or a parallel street at a distance acceptable for the appropriate use of the land between the highway and such street.

N.  Unobstructed sight distances measured from a point five (5) feet above the proposed grade line, to permit horizontal visibility on curved streets and vertical visibility on all streets, must be established along the centerline of such street as follows:
                     1.  Arterial Streets: Five hundred (500) feet.
                     2.  Feeder Streets: Two hundred (200) feet.
                     3.  Residential Streets: One hundred fifty (150) feet.

O.  Curvature measured along the center line shall have a minimum radius as follows:

                     1.  Arterial Streets: One thousand (1000) feet.
                     2.  Feeder Streets: Four hundred (400) feet.
                     3.  Residential Streets: Three hundred (300) feet.

P.  Between reversed curves on Arterial Streets there shall be a tangent of not less than two hundred (200) feet and on Feeder and Residential Streets such tangent shall be not less than one hundred (100) feet.

Q.  Maximum Grades for streets shall be as follows:

                      1.  Arterial Streets, not greater than four (4) per cent.
                      2.  Feeder Streets, Residential Streets and alleys, not greater than six
                           (6) per cent.

R.  The Minimum Grade of any street gutter shall not be less than four-tenths (0.4) per cent.

A.  Blocks should not exceed thirteen hundred twenty (1320) feet in length.

B.  Blocks shall be of sufficient width to permit two tiers of lots of appropriate depth except where an interior street parallels a Limited Access Highway or Arterial Street or a Railroad Right-of-way

A.  All lots shall abut on a public or private street.

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

C.  Double frontage lots should not be platted, except that, where desired along limited Access Highways or Arterial Streets, lots may face on an interior street and back on such thoroughfares. In that event a planting strip for a screen and buffer, at least twenty (20) feet in width shall be provided along the back of each lot.

D.  Widths and areas of lots which are not served by community water and sanitary sewer systems shall be determined in accordance with regulations of the Board of Health.  For subdivisions with community water and sanitary sewer systems the width and area of lots shall be not less than that provided in the Zoning Ordinance for single-family dwellings for the district in which the subdivision is located.  In no instance shall the width of the lot at the building setback line be less than sixty (60) feet and the area of the lot be less than seven thousand - two hundred (7,200) square feet.

E.  The depth-to-width ratio of the usable area of a lot shall be a maximum of 3 to 1.

F.  Wherever possible, unit shopping centers, based upon sound development standards, should be designed in contrast to the platting of lots for individual commercial use.

G.  Corner residential lots shall be wider than normal in order to permit appropriate setbacks from both streets.

H.  Lots shall not be plotted within floodprone areas as defined in Article 4; Section 5.

I.  Each lot shall be adequately graded in order for facilitate proper drainage away from the house.

Where alleys are not provided,  easements for utilities and drainage facilities shall be provided.  Utility easements shall have minimum widths of twelve (12) feet.  Drainage easements shall have a minimum width of sixteen (16) feet.  Where such utility and drainage easements are located along lot lines, one-half (1/2) the width may be taken from each lot.  In the case of lots extending to the boundary of the lands plotted and not adjoining another plat, the full width of the easement shall be provided on such peripheral lots.  Before determining the location of utility easements, the plan shall be discussed with the local public utility companies to assure their proper placing for the installation of such services. Drainage easements shall be provided for the drainage system approved by the County Drainage Board as per Article 4, Section 5, Drainage.

Shall be as provided in the Zoning Ordinance.

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

The improvement of the subdivision shall conform to the following standards:

A.  Shall be placed so that the center of the pipe or marked point shall coincide exactly with the intersection of lines to be marked, and shall be set so that the top of the monument or marker is level with the finished grade.

B.  Monuments shall be set:

                      1.  At the intersection of all lines forming angles in the boundary of the
                           subdivision.
                      2.  At the corners of blocks where street right of way lines intersect.

C.  Markers shall be set:

                      1.  At the beginning and ending of all curves along street property lines.
                      2.  At all points where lot lines intersect curves, either front or rear.
                      3.  At all angles in property lines of lots.
                      4.  At all other lot corners not established by a monument.

D.  Monuments shall be of stone, pre-cast concrete poured in place with minimum dimensions of six (6) inches by six (6) inches by thirty-six (36) inches.  They shall be marked on top with an iron or copper dowel set flush with the top of the monument or deeply scored on top with a cross.  Markers shall consist of iron pipes or steel bars at least thirty-six (36) inches long, and not less than five-eights (5/8) inch in diameter.

A. Streets (and alleys where provided) shall be completed to grades shown on plans, profiles, and cross sections, provided by the subdivider, prepared by a licensed surveyor and/or registered professional engineer, and approved by the Commission.

B.  The streets shall be graded, surfaced and improved to the dimensions required by such plans, profiles and cross-sections and the work shall be performed in the manner prescribed in Indiana State Highway Standard Specifications (current edition).  References in the following paragraphs refer to these Standard Specifications.

C.  The Street pavement shall be of Portland Cement Concrete or a Flexible pavement of a width as shown by the illustration "Thoroughfare, Standard Cross-Sections" Figures 3 and 4, and shall be constructed in accordance with design characteristics at least equal to those given below; except as modified by Subsection "D" of this Section:

Material types as set out in Indiana State Highway Commission Specifications.  Feeder street design to be used on Local Streets serving industrial or commercial developments.

D.  Where Arterial Streets are located within the subdivision as specified in Title II of this ordinance, the subdivider shall construct such street pavement in accordance with the requirements for Feeder Streets set forth in subsection C of this section.  For the purpose of constructing Arterial Street pavements according to the design characteristics set forth in subsection C of this Section, the Board is authorized to use funds available for such purposes to participate with the subdivider in the cost of such construction; provided, however, that such participation shall be limited to that cost, which is additional to the cost of constructing the required Feeder street improvement.

E.  Prior to placing the street and alley surfaces, adequate drainage for the street shall be provided by the subdivider.  Culvert drainage pipe, when required, shall be of a type approved by the Commission and not less than twelve (12) inches in diameter.  Upon the completion of the street and alley improvements, plans and profiles as built shall be filed with the Commission.

F.  The pavement width of Residential streets shall depend upon the density of dwelling units per gross acre included in the subdivision.
 

The pavement width for residential streets shall be measured from the face of curbs.

A.  In this Section 3, SEWERS, and the next Section 4, WATER, the phrase "the subdivider shall provide" shall be interpreted to mean that the developer shall install the facility referred to, or whenever a private sewage disposal system or an individual water supply is to be provided, that such facilities referred to in these sections shall be installed by the developer of the lots in accordance with these regulation and those of the Board of Health.

B.  Depending upon the soil limitations, as determined by the Soil Conservation Service of the U.S.D.A, and the regulations of the Board of health, the subdivider shall provide for one of the following methods of sanitary sewage disposal:
              1.  A complete sanitary sewer system, which shall connect with an existing
                   approved sanitary sewer outlet.
              2.  A complete sanitary sewer system to convey the sewage to a treatment
                   plant, to be provided by the subdivider, in accordance with the minimum
                   requirements of the Board of Health and the Indiana Stream Pollution
                   Control Board.
              3.  A private sewage disposal system on individual lots consisting of a septic
                   tank and tile absorption field or other approved sewage disposal system
                   meeting the minimum requirements of the Board of Health.

C.  The plans for the installation of a sanitary sewer system shall be provided by the subdivider and approved by the Indiana Stream Pollution Control Board pursuant to SPC-15 and the County Health Officer.  Upon the completion of the sanitary sewer installation, the plans for such system, as built, shall be filed with the Commission.

D.  In no event will the installation of combined sanitary-storm sewers be permitted.

A. The subdivider shall provide for one of the following methods of water supply.
                1.  A complete water main supply system, which shall be connected to an
                     existing approved municipal or community water supply.
                2.  A complete community water supply system, to be provided by the
                     subdivider, in accordance with regulations of the Board of Health and the
                     Indiana State Board of Health.
                3.  An individual water supply on each lot in the subdivision in accordance
                     with the minimum requirements for individual well installations of the
                     Board of Health.

B.  The plans for the installation of water main supply system shall be prepared by the subdivider and approved by Indiana State Board of Health and the Board of Health.  Upon the completion of the water supply installation, the plans for such system, as built, shall be filed with the Commission.

A. The Commission shall reject any proposed subdivision which has lots platted with the building area situated in any of the following areas:
               1.  Flood plains or flood ways, as defined by the Indiana Department of
                    Natural Resources.
               2.  Areas subject to flooding with 100-year frequency floods, as determined
                    by the Indiana Department of Natural Resources or defined by the Soil
                    Survey as being Genesee, Shoals, or any other soil series occurring on the
                    first bottoms of streams.  However, in no case shall it be necessary to
                    exceed the 100-year flood elevation.
               3.  Areas designated by the Soil Survey as being Carlisle Muck, Linwood
                    Muck or any other soil series identified as organic soils.

B.  Drainage facilities shall be provided as follows:
               1.  All lots in a subdivision being developed will be provided with subsurface
                    drainage connected into a working drain, hereinafter called an Outlet, of
                    the following type:
                                 a. Legal drain
                                 b.  Natural stream
                                 c.  Storm sewers, or
                                 d.  Existing open ditch.

               2.  A storm drainage system shall be designed and constructed by
                    the subdivider to provide for the proper drainage of the surface water of
                    the subdivision and the drainage area which drains onto the subdivision.
                    All areas draining onto the site will be considered as fully developed for
                    purposes of designing necessary drainage facilities.
               3.  All storm and subsurface drainage facilities necessary to provide
                    adequate surface or storm water drainage will be installed by the
                    developer.
               4.  All storm sewers and subsurface drains will be designed and installed in
                    accordance with procedures and standards set forth by the County
                    Drainage Board.
               5.  Any storm sewer or subsurface drain in working condition that is cut
                    through or other-wise disturbed will be reconstructed around the
                    construction area, subject to the approval of the Commission.
               6.  The subsurface drainage requirement for individual lots may be waived if,
                     in the opinion of the Commission, based upon the Soil Survey, the soil is
                     of a type that does not have a seasonal water table above four (4) feet
                     from the surface of the undisturbed soil.
               7.  No portion of any drainage system either surface , storm or subsurface
                    including roof downspouts shall be permitted to empty into any sanitary
                    sewer system.
               8.  Houses will not be constructed in natural drainageways.
               9.  All storm sewers and subsurface drainage facilities shall be provided with
                    drainage easements as per Article 3, Section 5, Easements.

C.  The plans and specifications herein called for shall include the data necessary to determine whether or not the proposed installation will be adequate.  The plans shall be submitted to the County Drainage Board for review and approval prior to final approval of the subdivision.

D.  Where proposed structures will penetrate the normal high water table, basements or crawl spaces shall be provided with peripheral drainage and be approved by the Director.

E.  Maintenance of Drain Systems.

                1.  The developer or owner of each proposed subdivision shall dedicate
                      easements for drainage, not less than sixteen (16) feet in width, on the
                      plat of such subdivision, in which easements the drainage system for
                      such subdivision shall be installed.
                2.  The drainage easements, as provided in paragraph E1., above, shall run
                      in favor of the Howard County Drainage Board, which Drainage Board
                      shall have perpetual jurisdiction to repair and maintain the drainage
                      system in each subdivision as hereinafter provided.
                 3.  In the event that the owner of owners of a lot in any subdivision,
                      approved and platted after the effective date of this ordinance, believes
                      that the drainage system in such subdivision is not operating properly
                      and is in need of repair, said owner or owners shall file a written petition
                      with the Howard County Drainage Board, which petition shall set forth
                      the name of the subdivision, the location of the requested repair, and a
                      brief description of the problem necessitating the requested repair.
                 4.  Upon receipt of such petition, the Howard County Drainage Board shall
                      direct the Howard County Surveyor to make an investigation of the
                      requested repair.  The Howard County Surveyor shall make said
                      investigation and file a written report therein to the Howard County
                      Drainage Board within ten (10) days from the date upon which he
                      receives said order for investigation.  Said Surveyor's report shall include
                      the following:
                              (a) An opinion as to whether the drainage system is in need of repair.
                              (b) An opinion as to the cause of the alleged drainage problem.
                              (c) An opinion as to the best method to correct such problem.
                              (d) The lots in such subdivision that are adversely affected by the
                                     drainage problem in question.
                              (e) An estimate of the cost to make the necessary repairs.

                 5.  Upon the filing of said Surveyor's report, the Howard County Drainage
                      Board shall set a hearing on the petition for repair and the Surveyor's
                      report.  Notice by ordinary mail shall given to the owners of all lots
                      affected as shown on the Surveyor's report, and notice to the public shall
                      be given by one (1) publication in the Kokomo Tribune, not less than five
                      (5) days prior to said hearing.  At the hearing, the Drainage Board shall
                      make findings on each of the items contained in the Surveyor's report.
                 6. If the Drainage Board shall find that the alleged problem with the
                      drainage system is the sole fault of the owner of the lot where said
                      problem is located, the Board shall order that said owner make the
                      repairs necessary to correct such drainage problem within a reasonable
                      time.  In the event that such owners refuses or fails to comply with said
                      order, within the time specified by the Drainage Board, the Drainage
                      Board shall have the right, power and authority to enter upon said real
                      estate to make necessary repairs to said drainage system.  If the
                      Drainage Board completes said repairs under the above provision, the
                      cost thereof shall be paid from the Howard County General Drain Fund,
                      and the owner of said real estate where said repair was made shall be
                      charged the entire cost thereof.  If said owner fails to pay said sum into
                      the Howard County General Drain Fund within thirty (3) days from the
                      date of mailing said billings, then the amount of such cost, together with
                      a penalty of ten (10%) percent of such costs,  shall be certified to the
                      Howard County Treasurer by the Secretary of the Drainage Board, and
                      the amount so certified shall be added to said owners real estate tax
                      statements or duplicates and shall  be collected at the next consecutive
                      time that real estate taxes become payable following such certification.
                      Such certification shall contain a complete legal description of the lot and
                      the name of each owner thereof.  Said Secretary shall also cause a copy
                      of said certification to be recorded in the Howard County Recorder's
                      Office.
                 7.  If the Drainage Board finds that the problem with the drainage system
                      was not caused by the fault of any one person or owner, then it shall
                      order that the necessary work to correct such problem be done, and
                      shall order that each lot owner affected by such a repair shall pay his
                      proportionate share of the cost thereof.  Upon the receipt by the
                      Drainage Board of a claim for the cost of such work, the Drainage Board
                      shall mail a statement of the proportionate share of such cost to each
                      affected lot owner, and each owner shall pay said amount billed into the
                      Howard County General Drain Fund within thirty (30) days from date of
                      mailing of said bill.  If any such owner fails to pay such bill within thirty
                      (30) days from the date of the mailing thereof, then the amount of such
                      unpaid bill, together with a penalty of ten percent (10%) shall be
                      certified to the Howard County Treasurer by the Secretary of the
                      Drainage Board, and the amount so certified shall be added to said
                      owners real estate tax statement or duplicates and shall be collected at
                      the next consecutive time that real estate taxes become payable
                      following such certification.  Such certification shall contain a complete
                      legal description of the lot and the name of each owner thereof.  Said
                      Secretary shall also cause a copy of such certification to be recorded in
                      the Howard County Recorder's Office.
                  8. From and after the effective date of this ordinance, each plat submitted
                      for approval shall contain a covenant or other statement referring to
                      Section 5., Paragraph E., subparagraphs 1 through 7 of this ordinance,
                      which covenant or statement shall read substantially as follows:
                      "This subdivision is subject to the provisions of Section 5, paragraph E.,
                      subparagraphs 1 through 7, both inclusive, of the Howard County
                      Subdivision Control Ordinance, as amended, which provide for the repair
                      and maintenance of drainage systems in subdivisions, including the
                      assessment of owners of lots to pay for the cost of repair and
                     maintenance."

A.  Since considerable soil erosion can take place during the subdivision construction, development plans shall contain proposed erosion and sediment control measures.  These measures shall be incorporated into the final plat and final construction drawings.  Erosion and sediment control measures shall conform to the standards and specifications established by the Soil and Water Conservation District.  The measures shall apply to all features of the construction site, including street and utility installations as well as to the protection of individual lots.  Measures shall also be instituted to prevent or control erosion and sedimentation during the various stages of development.

                  1. Technical standards for the design and installation of erosion and
                      sediment control measures are on file at the office of the Soil and Water
                      Conservation District and other governmental agencies.

B. Practical combinations of the following general principles will provide effective sediment control when properly planned and applied:
                  1. The development plan shall be fitted to the topography and soils so as to
                      create the least erosion potential.
                  2. Permanent vegetation and construction improvements such as streets,
                      storm sewers or other features of the development, shall be scheduled
                      for installation to the greatest extent possible before removing the
                      existing vegetation cover from an area.
                  3. Whenever feasible, natural vegetation shall be retained and protected.
                  4. Where inadequate vegetation (ground cover) exists, temporary or
                      permanent vegetation shall be established.
                  5. The smallest practical area of land shall be exposed at any one time
                      during development.
                 6. When land is exposed during development, the exposure shall be kept to
                     the shortest practical period of time.
                 7. Critical areas exposed during construction shall be protected with
                     temporary vegetation and/or mulching.
                 8.  Sediment basins (debris basins, desilting basins, or silt traps) shall be
                      installed and maintained to remove sediment from runoff waters from
                     land undergoing development.
                 9. Provisions shall be made to accommodate effectively the increased
                     runoff caused by changed soil and surface conditions during and after
                     development.
              10. The permanent final vegetation and structures shall be installed as soon
                     as practical in the development.

A.  All proposed subdivisions shall be provided with curbs and gutters as required in this ordinance.

B. The curb and gutters shall be of the construction type shown in Figures 1* and 2* and shall be constructed according to the following specifications:

              1.  The base for the curb and gutter shall be well-compacted on the existing
                   base or grade.
              2.  The minimum specifications shall be as shown for the type of cross-section
                   in Figures 1 and 2.
              3.  All concrete used in the curb and gutter shall meet the State Highway
                   Specifications for Class A concrete.

*For figures 1 and 2 refer to pages 98 through 101.

             4.  Integral or monolithic curb of the same dimensions as shown in Figure 1
                  may be built on concrete pavement, provided the pavement widths are
                  maintained as required in this ordinance.
             5.  All machine laid hot asphaltic concrete curbs shall meet the Federal
                  Housing Administration Specifications, Third Addition, October 1966,
                  Specifications Series #3 (SS-3) as revised, and/or the current Indiana
                  State Highway Specifications, whichever is the more stringent.

A.  Whenever a proposed subdivision lies adjacent to or between other subdivisions which have been provided with sidewalks, or whenever the proposed subdivision will average three or more lots per gross acre included in the subdivision, the Commission shall require sidewalks to be installed so as to abut at least one (1) lot line of each lot in the subdivision.

B.  When sidewalks are required, they shall be constructed of Portland Cement Concrete, at least four (4) inches thick, and three (3) feet wide and placed as shown by illustration "Thoroughfare Standard Cross-Sections", Figures 3* and 4*.

C.  All concrete used in sidewalks shall meet the State Highway Specifications for Class A concrete.

The subdivider shall provide the subdivision with standard County street signs at the intersection of all streets.

A.  Notification:   It shall be the responsibility of the subdivider or developer to notify the Plan Commission Office and arrange for a preconstruction conference to take place at least 24 hours in advance of the commencement of construction.  The meeting shall be held at the Plan Commission Office or other designated location. At this conference an inspection schedule shall be discussed and set up.

 The conference shall be made up of representatives of the subdivider, Plan Commission, County Engineer, County Surveyor, and the Howard County Soil and Water Conservation District.

B.  Inspection Required:  All improvements shall be subject to inspection by duly authorized and qualified County Inspectors both during the course of construction and after construction is complete.  The inspector shall have authority over materials of construction, the methods of construction and workmanship to ensure compliance with working drawings and specifications.  The contractor shall provide for reasonable tests and proof of quality of materials as requested by the inspector.  Upon due cause the inspector may require that work will be suspended and due cause shall include weather conditions, questionable materials of construction, methods of construction, workmanship or nonadherence to specifications and drawings.

*For Figures 3 and 4 refer to pages 102 through 108.

C.  Inspector: The inspectors referred to herein shall be duly qualified inspection officers appointed by the Howard County Plan Commission.

D. Inspection Reports: The Inspector shall prepare and submit to the Board of County Commissioners from time to time a report stating progress of work and giving his findings as to quality and quantity of materials used and quality of methods and workmanship.  He shall in particular call attention to any circumstances that entail departures from working drawings and specifications such as unforeseen difficulties of drainage, ground water, poor sub-soil, unstable full material, unconventional or faulty practices of contractors or other circumstances.  Whenever, in his opinion, such departures are likely to cause either a lower ultimate standard of performance of a higher construction cost than could reasonably be anticipated, he shall immediately notify the Board of County Commissioners.  When an improvement has been completed, he shall prepare a summary report.

E.  Subdivider Responsible: Approval by the inspector or absence of inspection shall in no way relieve the subdivider or developer of full responsibility for adherence by his contractors to specifications and working drawings nor for high standards of materials, methods and workmanship.

The following forms shall be described upon the Final Plat and appropriate signatures affixed thereto.

UNDER AUTHORITY PROVIDED BY CHAPTER 174, ACTS OF 1947, ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO, AND AN ORDINANCE ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF HOWARD, INDIANA, THIS PLAT WAS GIVEN APPROVAL AS FOLLOWS:

Approved by the Howard County Plan Commission at a meeting held
     ____________________,19___.

   HOWARD COUNTY PLAN COMMISSION

   _________________________________
   President

   _________________________________
   Secretary

(SEAL)
 

SECTION 2. COUNTY COMMISSIONERS CERTIFICATE
When all or any part of a subdivision is located in the unincorporated area of the county, the following certificate shall be shown on the final plat:

UNDER AUTHORITY PROVIDED BY CHAPTER 47, ACTS OF 1951, OF THE GENERAL ASSEMBLY, STATE OF INDIANA, THIS PLAT WAS GIVEN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF HOWARD COUNTY, INDIANA, AT A MEETING HELD ON THE
_____________DAY OF _____________________, 19____.

   BOARD OF COUNTY COMMISSIONERS

______________________
____________________________
____________________________

ATTEST:  ________________________________
 

_______________ ________________________________
COUNTY AUDITOR
(SEAL)
 
 

"I, __________________________________, HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, LICENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA, THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY COMPLETED BY ME ON ___________________________, THAT ALL THE MONUMENTS SHOWN THEREON ACTUALLY EXIST, AND THAT THE LOCATION, SIZE, TYPE AND MATERIAL OF SAID MONUMENTS ARE ACCURATELY SHOWN."

      _____________________________________
      Signature
 

(SEAL)

Each final plat submitted to the Commission for approval shall carry a deed of dedication in substantially the following form.

We, the undersigned ___________________________________________, owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the within plat.

This subdivision shall be known and designated as _________________________,
An addition to _____________________________. All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public.  We also certify this property is well drained and any future drainage problems will be the responsibility of the property owners.

Front and side yard building lines are hereby established as shown on this plat, between which lines and the property lines of the street, there shall be erected or maintained no building or structure.

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

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

The foregoing covenants (or restrictions) are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 19___ (a twenty-five year period is suggested) at which time said covenants (or restrictions) shall automatically extended for successive periods of ten (10) years unless changed by vote of a majority of the then owners of the building sites covered by these covenants, or restrictions, in whole of in part.  Invalidation of any one of the foregoing covenants or restrictions, by judgment or court order shall in no way affect any of the other covenants or restrictions, which shall remain in full force and effect.

The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected, or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns.

Witness our Hands and Seals this ____day of _________________, 19____.

State of Indiana         )                    _____________________________________
                                     )  SS             Signature
County of Howard     )                    _____________________________________
                                                           Signature
 

Before me the undersigned Notary Public, in and for the County and State,
personally appeared ________________________________________,
_________________________________________________________,
and each instrument as his or her voluntary act and deed, for the purposes therein expressed .

Witness my hand and notarial seal this _____day of __________________, 19____
 

   ________________________________
   Signature

Where the subdivider can show that a provision of TITLE III of this Ordinance would cause an unnecessary hardship if strictly adhered to and where, in the opinion of the Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent if such provision, the Commission may authorize a variance.  Any variance thus authorized is required to be entered in writing in the minutes of the Commission and the reasoning on which the departure was justified shall be set forth.  Variances shall not be granted merely because it would be financially advantageous to the applicant or because he would suffer financial loss if it were denied.
 

This Ordinance shall be in full force and effect on January 1, 1978

Passed by the Board of County Commissioners of the County of Howard on the ___day of __________________, 19___.

   BOARD OF COUNTY COMMISSIONS
   HOWARD COUNTY, INDIANA
 
 

   ROBERT J. DAILY__________________________
 
 

   DALE FAWCETT_____________________________
 
 

   DALE LAROWE_________________
 

ATTEST:

W. MARY CRAIG________________________________
COUNTY AUDITOR

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