APPENDIX A:   SUBDIVISION ORDINANCE

Town of Bunker Hill Subdivision Ordinance

Editor's Note:   As adopted November 5, 2001.

Section I

Section II

Section III

Section IV

Section V

Section VI

These regulations shall hereafter be known and cited as the Sub-division Control Ordinance of the Town of Bunker Hill, Miami County, Indiana.

1.3       Purposes of these Regulations

1.4       Authority and Jurisdiction

1.5       Enactment

In order that land may be subdivided in accordance with these purposes and policies, these subdivision regulations are hereby adopted.

1.6       Interpretation, Conflict and Separability

1.7       Saving Provision

These regulations shall not be construed as abating any actionnow pending under or by virtue of prior existing subdivision regulations or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue or as affecting the liability of any person, firm or corporation or as waiving any right of the town under any section or provision existing at the time of adoption of these regulations or as vacating or annulling any rights obtained by any person, firm or corporation by lawful action of the Town except as shall be expressly provided for in these regulations.

1.8       Repealer

Upon the adoption of the Town of Bunker Hill Subdivision Ordinance according to law, all Subdivision Ordinances as amended are hereby repealed, except for such sections expressly retained herein.

1.9       Amendments

For the purpose of providing for the public health, safety and general welfare, the Town, on recommendation of the Commission, may from time to time amend the provisions imposed by these subdivision regulations. Public hearings on all proposed amendments shall be held by the Commission and/or the Town in the manner prescribed by law.

1.10     Conditions

Regulation of the Subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to the Town. The developer has the duty of compliance with reasonable conditions laid down by the Commission for design, dedication, improvement and restrictive use of the land in order to conform to the physical and economical development of the Town and to the safety and general welfare of the future plot owners in the subdivision and of the Town at large.

1.11     Re-subdivision of Land

1.12     Vacation of Plats

Any recorded plat or part of any recorded plat may be vacated only in accordance with IC 36-7-3-711 or 36-7-3-712 as amended 1982, 1983 and 1986.

1.13     Variances

1.14     Enforcement, Violation and Penalties

2.1       Usage

2.2       Definitions

Accessory Building:   A subordinate structure, the use of which is incidental to that of the dominant use of the principal building or land.

Administrator:   The officer appointed by and/or delegated the responsibility for the administration of these regulations by the Town Council. This term shall be construed to include those planning staff members working under the direction of the Administrator in the exercise of his responsibilities in regard to the processing of these Subdivision Regulations.

Advisory Plan Commission:   See Plan Commission

Agency: See Public Agency

Alley:   A right-of-way other than a street, road, crosswalk, or easement, that provides secondary access for the special accommodation of the abutting property.

Applicant:   The owner of land proposed to be subdivided or his agent or his legal representative.

Arterial:   Either a Primary arterial or a Secondary Arterial as defined in this section.

Block:   A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.

Board:   The Bunker Hill Board of Zoning Appeals

Bond:   Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Plan Commission. All bonds shall be approved by the Commission wherever a bond is required by these regulations.

Buffer Landscaping:   Any trees, shrubs, walls, fences, berms or related landscaping features required under this ordinance or the Zoning Ordinance on private lots and privately maintained for buffering lots from adjacent properties or public right-of-ways for the purpose of increasing sound and/or visual privacy. (See Screening also)

Building:   Any roofed structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.

Building Code:   The Town ordinance or group of ordinances establishing and controlling the standards for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations and related matters, within the Town zoning jurisdiction. Also referred to herein as the Town Building Code.

Building Commissioner:   An officer, employee or agent of the Town of Bunker Hill, Miami County, Indiana, who has the authority to enforce this Ordinance for the Town of Bunker Hill Plan Commission and the Board of Zoning Appeals.

Capital Improvements Program:   A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses for the purchase, construction or replacement of the more durable, longer lived physical assets for the community are included.

Central Sewage System:   A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision or an existing public sewer system.

Central Water System: A community water supply system including existing and new wells and/or surface water sources and intakes, treatment facilities and distribution lines and includes such of the above facilities established by the developer to serve a new subdivision.

Certificate:   The signed and attested document which indicates that a subdivision has been granted secondary approval by the Commission subsequent to proper public notice of its hearing.

Checkpoint Agency:   A public agency or organization called upon by the Commission to provide expert counsel with regard to a specific aspect of community development or required by law to give its assent before subdivision may take place.

Collector Street:   A street intended to move traffic from local streets to secondary arterials. (A collector street serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it and no driveway access to it is permitted unless the property is to be in multifamily use for four (4) or more dwelling units.)

Commission:   See Plan Commission

Commission Attorney:   The licensed attorney designated by the Commission to furnish legal assistance for the administration of this ordinance or as provided by statute.

Comprehensive Plan:   A plan recommended by the Plan Commission and adopted by the Town Council, in accordance with the laws of the State of Indiana, for the promotion of public health, safety, morals, convenience, order, or the general welfare and for the sake of efficiency and economy in the process of development, the Plan Commission shall prepare a comprehensive plan, which may include policies for:

Construction Plan(s):   The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision in accordance with the requirements of this ordinance as a condition of the approval of the plat.

County Auditor:   That County Official empowered to examine and settle all accounts and demands that are chargeable against the County and not otherwise provided for by statute.

County Health Officer:   See Health Officer

County Recorder:   That County Official empowered to record and file land description plats.

Covenants, Restrictive:   Limitations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the subdivider and in the case of public health, safety and welfare by the Commission that are recorded with the plat and run with the land.

Cul-de-sac:   A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement including public safety vehicles.

Dead-end Street:   A street or a portion of a street with only one (1) vehicular traffic outlet and no turnaround at the terminal end.

Developer:   The owner of land proposed to be sudivided or his representative. Consent for making applications for development approval shall be required from the legal owner of the premises.

Drives, Private:   Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with other streets within public right-of-ways.

Easement:   An authorization grant by a property owner for the use by another of any designated part of his property for a clearly specified purpose(s).

Escrow:   A deposit of cash with the Commission in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be held by the County Auditor.

Exempt Divisions:   See definition of Subdivision

Final Plat:   The map, drawing or plan described in this ordinance of a Subdivision and any accompanying material submitted to the Commission for secondary approval and which if approved and signed by the designated officials, may be submitted to the County Recorder for recording.

Flood Hazard Areas:   Those flood plains which have not been adequately protected from flooding by the Regulatory Flood by means of dikes, levees or reservoirs and are shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration or maps provided to the Commission from the State Natural Resources Commission.

Flood Plain:   The area adjoining the river or stream which has been or may hereafter be covered by flood water from the Regulatory Flood.

Flood Protection Grade:   The elevation of the lowest point around the perimeter of a building at which flood waters may enter the interior of the building.

Flood, Regulatory:   That flood having a peak discharge which can be equaled or exceeded on the average of once in a one hundred (100) year period, as calculated by a method and procedure which is acceptable to and approved by the State Natural Resources Commission; this flood is equivalent to a flood having a probability of occurrence of one percent (1%) in any given year.

Flood Elevation, Regulatory:   The maximum elevation, as established by the Indiana Department of Natural Resources, reached by the Regulatory Flood at the locations in question relevant to approval of a given subdivision under consideration.

Floodway:   See Regulatory Floodway

Floodway Fringe:   Those portions of the Flood Hazard Areas lying outside the Floodway shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.

Floodway, Regulatory:   The channel of a river or stream and those portions of the Flood Plains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the Regulatory Flood of any river or stream shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.

Foundation:   The supporting member of a wall or structure.

Frontage:   That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot. Lots shall not be considered to front on stub ends of streets and in the case of corner lots will be considered to front on both intersecting streets. (No access for any one lot is permitted to more than one street and that street generally will be the one calculated to have lower traffic volumes and less frequent intersections.)

Frontage Street:   Any street to be constructed by the developer or any existing street in which development shall take place on both sides.

Governing Body:   See Town Council

Grade:   The slope of a street or other public way specified in percentage (%) terms.

Health Department and (County) Health Officer:   The agency and person designated by the County to administer the health regulations within the County's jurisdiction.

High Density:   This land use type classifies multi-family housing opportunities which are located at or near major employment centers or transportation facilities. Densities could range from approximately 8 to 15 units per acre.

Highway, limited access:   A freeway or expressway providing for through traffic in respect to which owners or occupants of abutting property or lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such a highway.

Housing Code:   That Town Ordinance controlling the continuing safety and healthfulness of buildings for human occupation within the Town's jurisdiction. Also referred to herein as the Town Building Code.

Improvement:   See Lot Improvement or Improvement Public

Improvement Location Permit:   A permit issued by an Official of the Town of Bunker Hill, Miami County, Indiana, who has the responsibility for enforcing the Zoning Ordinance and authorizing an improvement.

Improvement, Public:   Any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established. (All such improvements shall be properly bonded.)

Indiana Code:   The Burns Indiana Statutes Code Edition, which codifies all Indiana statutes for reference purposes. The latest edition with any amending supplements must be referred to for the laws "now" in force and applicable. (Usually abbreviated as IC herein.)

Individual Sewage Disposal System:   A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device approved by the Health Department.

Interested Parties:   Those parties who are the owners of properties adjoining or adjacent to the proposed subdivision as shown on the sketch plan.

Joint Ownership:   Joint ownership among persons shall be construed as the same owner; "constructive ownership" for the purpose of imposing subdivision regulations.

Land Divider:   The owner of a parcel of land to be further divided through making an exempt division.

Landscaping:   See Buffer Landscaping, Screening and Shade Trees

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 of building development.

Lot, Corner:   A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees.

Lot Improvement:   Any building, structure, work of art, or 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. Certain lot improvements shall be properly bonded as provided in these regulations.

Lot Line, Side:   Any lines separating two (2) lots other than front or rear lot lines.

Low Density:   This classification depicts residential areas utilizing typical "suburban" development patterns. Housing would be predominately single family in nature, and densities would range from 1 to 2 units per acre and be served by public sanitary sewer and 1 unit per acre or less in areas not served by public sanitary sewer.

Map:   A representation of a part or the whole of the earth's surface in signs and symbols on a plane surface at an established scale with a method of orientation indicated.

Map, Official:   The map or maps established by the Town pursuant to law showing the existing and proposed streets, highways, parks, drainage systems and set-back lines theretofore laid out, adopted and established by law and any amendments or additions thereto adopted by the Town or additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of such approved plats.

Marker:   A stake, pipe, rod, nail or any other object which is not intended to be a permanent point for record purposes.

Master Plan:   A complete Subdivision design that may or may not be completed in phases.

Master Plan, Official:   See Comprehensive Plan

Medium Density:   This classification describes both single-family, duplexes, and multi-family uses which are more densely populated and located in close proximity to major transportation facilities. Development in these areas would be expected to be more "compact" in nature, with densities in the 3 to 8 units per acre.

Model Home:   A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision. Such dwelling units may be erected at the discretion of the Commission by permitting a portion of a major subdivision involving no more than two (2) lots to be created according to the procedures for minor subdivisions, as set out in these regulations.

Monument:   A physical structure, which marks the location of a corner or other survey point.

Off-Site:   Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.

Ordinance:   Any legislative action, however denominated, or a local government, which has the force of law, including any amendment or repeal of any ordinance.

Owner:   Any person, group of persons, firm or firms, corporation or corporations or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.

Parcel:   A part or portion of land having a legal description formally set forth in a conveyance together with the boundaries thereof, in order to make possible its easy identification.

Plan Commission:   The Town of Bunker Hill's Advisory plan body as established in accordance with Indiana law, referred to herein simply as the Commission.

Plat:   A map indicating the subdivision or re-subdivision of land filed or intended to be filed for record with the County Recorder.

Plat, Preliminary:   The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.

Principal Use Building:   A building in which the principal use of the lot or parcel is conducted. Standards recognized by the Indiana Administrative Building Council shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist. Residential use shall mean only one dwelling on any lot with the exception out line in section one (1), paragraph 1.13 of this ordinance.

Public Agency:   An agency or government department acting under the aegis of and representing an elected or appointed council, commission or other policy-making or advisory body of federal, state or local government to whom it is responsible.

Registered Land Surveyor:   A land surveyor properly licensed and registered or through reciprocity permitted to practiced in the State of Indiana.

Registered Professional Engineer:   An engineer properly licensed and registered in the State of Indiana or permitted to practice in Indiana through reciprocity.

Re-subdivision:   A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line or setback; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

Right-of-way:   A strip of land occupied or intended to be occupied by a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Right-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping or any other use involving maintenance by a public agency shall be dedicated to public use by the sub-divider on whose plat such right-of-way is established.

Road(s):   See Street(s)

Sale or Lease:   Any immediate or future transfer of ownership or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession or other written instrument.

Same Ownership:   Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity or unincorporated association.

Screening:   Either (a) a strip of at least ten (10) feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year-round dense screen at least six (6) feet high; or (b) an opaque wall or barrier or uniformly painted fence at least six (6) feet high. Either (a) or (b) shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except as permitted or required under the Zoning Ordinance. Where required by the Zoning Ordinance a screen shall be installed along or within the lines of a plot as a protection for adjoining or nearby properties. Earth berms may be incorporated as part of such screening measures where appropriate.

Setback:   A line parallel to and equidistant from the relevant lot line (front, back, side) between which no buildings or structures may be erected as prescribed in the Town Zoning Ordinance.

Shade Tree:   A tree in a public place, special easement or right-of-way adjoining a street as provided in these regulations.

Sketch Plan:   The initially submitted graphic representation of a proposed major subdivision, drawn to approximate scale, either superimposed upon a print of a topographic survey or presented in any other suitable graphic medium or form acceptable to the Commission; and, in the case of a minor subdivision, the drawing or drawings indicating the proposed manner of layout of the subdivision meeting the conditions of the subdivision ordinance to be submitted to the Commission for primary approval.

Special Landscaping:   Areas of tree planting, shrubs or other landscape features serving a public purpose and maintained by the County or Town. (See also Buffer Landscaping and Screening.)

State Acts:   Such legislative acts of the State of Indiana as they affect these regulations.

State Plane Coordinates System:   A system of plane coordinates, based on the Transverse Mercator Projection for the Western Zone of Indiana, established by the United States Coast and Geodetic Survey for the State of Indiana.

Stop Work Order or Work Stay Order:   An order given by the Plan Administrator/Building Commissioner, Plan Commission or Board of Zoning Appeals to cease all work on any land or structure that is or may be in violation of this ordinance.

Street, Dead-End:   A street or a portion of a street with only one (1) vehicular-traffic outlet.

Street, Local:   A street intended to provide access to other streets from individual properties and to provide right-of-ways beneath it for sewer, water and storm drainage pipes.

Street, Major:   A collector or arterial street within the Subdivision.

Street Plan, Major:   See Official Map

Street, Perimeter:   Any existing street to which the parcel of land to be subdivided abuts on only one side.

Street, Primary Arterial:   A street intended to move through-traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the Town; and/or as a route for traffic between communities; a major thoroughfare.

Street Right-of-way Width:   The distance between property lines measured at right angles to the center line of the street.

Street, Secondary Arterial:   A street intended to collect and distribute traffic in a manner similar to primary arterials, except that these streets service minor traffic generating areas such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches, offices and/or designed to carry traffic from collector streets to the system of primary arterials.

Streets, Classification:   For the purpose of providing for the development of the streets, highways and rights-of-way in the governmental unit and for their future improvements, reconstruction, realignment and necessary widening, including provision for curbs and sidewalks, each existing street, highway and right-of-way and those located on approved and filed plats, have been designated on the Official Map of the Town or Thoroughfare Plan and classified therein. The classification of each street, highway and right-of-way is based upon its location in the respective zoning districts of the Town and its present and estimated future traffic volume and its relative importance and function as specified in the Town Comprehensive Plan and/or its Thoroughfare Plan component. The required improvements shall be measured as set forth for each street classification on the Official Map.

Structure:   Anything constructed or erected that requires location on or in the ground or is attached to something having a location on or in the ground.

Sub-divider:   Any person who (1) having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (2) directly or indirectly sells, leases or develops or offers to sell, lease develop or advertised for sale, lease development, any interest, lot, parcel site, unit or plat in a subdivision; or who (3) engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision of any interest, lot, parcel site, unit or plat in a subdivision; and who (4) is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing.

Subdivision:   The division of a parcel of land into two (2) or more lots, parcels, sites, units, plats or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including re-subdivision. Subdivision includes the division of development of land zoned for residential and nonresidential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. The following kinds of divisions of existing parcels of land are herein called "Exempt Divisions" and are classified into two categories: Exempt I and Exempt II. These divisions are exempt from most provisions of this ordinance.

Exempt I divisions are subject only to the provisions of Sections 3.5 of this ordinance, but shall be exempt from other provisions of this ordinance not specified or referred to in those sections.

Exempt II divisions are divisions of land into not more than three (3) parcels of one (1) acre or more in size but less than twenty (20) acres. Such divisions shall conform to Sections 3.5 of this ordinance but shall be exempt from other provisions of this ordinance not specified or referred to in those sections.

Subdivision Agent:   Any person who represents or acts for or on behalf or a sub-divider or developer, in selling, leasing, developing, or offering to sell, lease, develop any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services and is not involved in developing, marketing or selling real property in the subdivision.

Subdivision, Exempt:   (See Subdivision.)

Subdivision, Major:   Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of four (4) or more lots or any size subdivision requiring any new street or extension of the local governmental facilities or the creation of any public improvements.

Subdivision, Minor:   Any Subdivision containing not more than three (3) lots fronting on an existing street which is an improved right-of-way maintained by the Town (or local government) not involving any new street or the extension of municipal facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Ordinance or this ordinance.

Subdivision, Nonresidential:   A subdivision whose intended use is other than residential such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.

Subdivision, Primary Approval:   An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public hearing that the subdivision complies with the standards prescribed in this Ordinance (IC 36--7-4-700 Series: Subdivision Control.)

Subdivision Secondary Approval:   The stage of application for formal Plan Commission approval of a final plat of a subdivision the construction of which has been completed or substantially completed which, if approved and signed by the designated officials may be submitted to the County Recorder for filing.

Temporary Improvement:   Improvements built and maintained by a sub-divider during construction of the subdivision and intended to be replaced by a permanent improvement prior to release of the performance bond or turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.

Thoroughfare Plan:   See Official Map.

Town Council:   The Legislative body of the Town who has the authority to adopt, amend or repeal the subdivision ordinance in accordance with IC 36-7-4-701 and amendments thereof.

Town Building Code:   An ordinance regulating the construction, alteration, repair, location and use of buildings and structures in the Town of Bunker Hill, Miami County, Indiana, providing for the issuance of permits therefor, providing penalties for the violation thereof, and repealing all ordinance and part of ordinance in conflict therewith.

Town Government:   That governmental body of the Town empowered to adopt planning and public policy ordinances: The Town Council, herein referred to only as the Council.

Yard, Front:   A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts, shrubs, and similar structures, the depth of which is the least distance between the nearest street right-of-way and the front line of the building. The front yard shall be determined by the location of the main entrance of the structure.

Yard, Rear:   A yard that extends across the full width of a lot and is bounded on the rear by the rear lot line, and the depth of which is the least distance between the rear lot line and the rear of the principal building.

Yard, Side:   A yard between the principal building and the adjacent side lot line, that extends from the front yard, or street right-of-way where there is no front yard, and the width of which is the least distance between the side lot line and the adjacent side of the building.

Zoning Ordinance:   That Town Ordinance setting forth the regulations controlling the use of land in the unincorporated areas and in those jurisdictions within the Town. Also referred to as the Town Zoning Ordinance.

Exempt divisions are not subject to the requirements of this ordinance beyond the determination by the Administrator that they meet all the requirements for exempt divisions set forth in Section 3.5 herein. However, lots created by Exempt I divisions (except Exemption f) shall be twenty (20) or more acres in size to be eligible as principal use building sites (Exemption a in the definition of subdivision), unless such lots have been created by order of a court (Exemption c). No building site for principle use created through Exemption a shall be reduced below twenty (20) acres unless through subdivision or by order of a court (Exemption c). For purposes of this paragraph, a lot is "created" on the date of its recording. (See Section II for the definition of a principal use building.) Before any permit shall be granted for a structure to be erected on land to be subdivided into a major or minor subdivision, the subdividing owner or his subdivision agent shall apply for and secure approval of the proposed subdivision in accordance with Section 3.2 and either Section 3.3 or Section 3.4 of this ordinance as appropriate. Before any permit shall be granted for a structure to be erected on a parcel of land to be created or altered by an exempt division, the land divider or his agent shall certify to the satisfaction of the Administrator that all requirements for exemption have been met, as detailed in Section 3.5 of this ordinance, in order to exempt the land division from all other requirements of this ordinance.

3.4       Minor Subdivisions

DESIGN CHARACTERISTICS OF STREET & ALLEY PAVEMENT

4.5       Water Facilities

 

(1)	General Requirements
	(a)	The applicant shall take all actions necessary to extend or create a water-supply district for the purpose of providing a water-supply system capable of providing for domestic water use and fire protection
	(b)	Where a public water main is accessible the sub-divider shall install adequate water facilities (including fire hydrants) conforming to the requirements and specifications of the State or local authorities. All water mains shall be at least six (6) inches in diameter.
	(c)	Water main extensions shall be approved by the officially designated agency of the State, County or municipality concerned.
	(d)	To facilitate the above, the location of all fire hydrants, water supply improvements, and the boundary lines of the proposed districts indicating all improvements proposed to be served, shall be shown on the preliminary plat and the cost of installing same shall be included in the performance bond to be furnished by the sub-divider.
	(e)	The design of all water facilities shall conform to or exceed the standards described by the County Board of Health and the State Board of Health.
(2)	Individual Wells and Central Water Systems
	(a)	In low-density zoning districts, if a public water system is not available, at the discretion of the Commission, individual wells may be used or a central water system provided in such a manner that an adequate supply of potable water will be available to every lot in the subdivision. Water sample test results shall be submitted to the Health Department for its approval, and individual wells and central water systems shall be approved by the appropriate health authorities. These approvals shall be submitted to the Commission.
	(b)	If the Commission requires that a connection to a public water main be eventually provided as a condition for approval of an individual well or central water system, the applicant shall make arrangements for future water service at the time the plat receives secondary approval. Performance or cash bonds may be required to insure compliance.
(3)	Fire Hydrants. Hydrants should be provided at each street intersection and at intermediate points between intersections as recommended by the state Insurance Services Office and the local fire department. Generally, hydrant spacing may range from three hundred fifty (350) to six hundred (600) feet depending on the nature of the area being served as determined by the County Engineer.

4.6       Sewerage Facilities

 

(1)	General Requirements. The sub-divider shall install sanitary sewer facilities in a manner prescribed by the County construction standards and specifications. All plans shall be designed in accordance with the rules, regulations and standards of the County Engineer, Health Department and other appropriate State and Federal agencies. (In the case of a County system extended into the County, the County's engineering standards, etc. would prevail.)
(2)	Sanitary Sewerage System Requirements. Where provided, sanitary sewerage facilities shall connect with public sanitary sewerage systems and shall be installed to serve each lot to grades and sizes required by approving officials and agencies. Sanitary sewerage facilities (including the installation of laterals in the regulations and right-of-way) shall be subject to the specifications, rules, regulations and guidelines of the Health Officer, participating jurisdiction and appropriate State Agency.
(3)	Individual Disposal System Requirements. If public sewer facilities are not available and individual disposal systems are proposed, minimum lot areas shall conform to the requirements of the Zoning Ordinance and any ordinance of any participating jurisdiction (where applicable) establishing lot area for individual sewerage disposal systems.
(4)	Selected Design Criteria
	(a)	Alignment. All sewers shall be laid with a straight alignment between manholes, unless otherwise directed or approved by the County Engineer.
	(b)	Manhole Location. Manholes shall be installed at the end of each line and at distances not greater than four hundred (400) feet for sewers eighteen (18) inches in diameter and larger.
	(c)	Manholes. The difference in elevation between any incoming sewer and the manhole invert shall not exceed twelve (12) inches where required to match crowns. The use of drop manholes requires approval by the County Engineer. The minimum inside diameter of the manholes shall conform to those specified by the County Engineer. Inside drop manholes will require special consideration; however, in no case shall the minimum clear distance be less than that indicated herein. The relationships between intersecting sewer lines shall meet the standards required by the County Engineer. (See (a) above.)
	(d)	Sewerage Locations. Sanitary sewers shall be located within street or alley rights-of-ways unless topography dictates otherwise. When located in easements on private property, access shall be provided to all manholes. Where sewer lines in private easements cross public street or alley right-of-way, a manhole shall be provided in such rights-of-way where possible. Imposed loading shall be provided over the top of pipe in street and alley rights-of-way or three (3) feet in all other areas.
	(e)	Cleanouts. Cleanouts will not be permitted.
	(f)	Water Supply Interconnections. There shall be no physical connection between a public or private potable water supply system and a sewer which will permit the passage of any sewage or polluted water into the potable water system. Sewers shall be kept removed from water supply wells or other water supply sources and structures.
	(g)	Relation of Sewers to Water Mains. A minimum horizontal distance of ten (10) feet shall be maintained between parallel water and sewer lines. At points where sewers cross water mains, the sewer shall be constructed of cast iron pipe or encased in concrete for a distance of ten (10) feet in each direction from the crossing, measured perpendicular to the water line. This will not be required when the water line is at least two (2) feet above the sewer line.

4.7       Sidewalks

No building permit shall be issued for the last ten percent (10%) of lots in a final subdivision plat or section thereof, or if ten percent (10%) be less than two (2), for the last two (2) lots of a subdivision or section thereof, until all public improvements required by the Commission for the plat with the exception of sidewalks have been fully completed and accepted for maintenance by the participating jurisdiction.

6.2       Preliminary Plat

6.3       Construction Plans.

General Construction Plans shall be prepared for all required improvements. Plans shall be drawn at a scale of no more than one (1) inch equals fifty (50) feet, and map sheets shall be of the same size as the preliminary plat. The following shall be shown:

 
APPLICATION FOR SKETCH PLAN REVIEW

App No. S- __________

Date Rec'd __________

 

NAME(S) OF SUB-DIVIDER(S) __________________________________________

ADDRESS                   __________________________________________

PHONE(S)                  __________________________________________

Sub-divider's Registered Land Surveyor____________________________    phone_______

I (we) hereby request sketch plan review and certificate of approval of the following described 

subdivision in accordance with the provision of the Town of Bunker Hill Subdivision Ordinance.  

I (we) am (are) the owner of the real estate included in the subdivision.

Name of Subdivision_______________________________________________________

Section_____ Township_____ Range_____ in _______________________Township

County Road_____ NS_____ EW_____

(Legal description attached hereto)

Area in Acres_______ Number of Lots_______ Zoned__________________________

Electrical _____ Sewage: Private_____ Public_____ Sidewalk: Yes_____ No_____

Water: Public _____ Well_____

Major Subdivision_____  Minor Subdivision_____
_________________________________________________________________________________________________

_________________________________________________________________________________________________

The undersigned, having been duly sworn on oath states the above information is true and correct 

as he is informed and believes.

Signature(s) of Subdivider(s)________________________________________________

                             ________________________________________________
State of Indiana )

                          SS:

County of Miami )
Subscribed and sworn to before me this _____day of_____ 20_____

                                 __________________________________________
                                  Notary Public
Residing in ___________County    My commission expires_____________________


 

 

REQUEST FOR PRIMARY APPROVAL OF SUBDIVISION PLAT

File No. S-__________

Date Rec'd __________

 
Name(s) of Sub-divider(s)_________________________________________________

Address (es)______________________________________________________________

Phone (s)_________________________________________________________________

I (we) do hereby request primary approval of the following described subdivision in accordance with

the provisions of the Comprehensive Plan.  I (we) am (are) the owner(s) of the real estate included in

said subdivision.

Name of Subdivision ____________________________generally described as follows:

Section___________ Township___________ Range_________ in_________________

Township containing _____acres; Number of Lots____________; Miles of new street to be dedicated

to the public (in hundredths): Full Width_________; Half Width________

Name of Registered Land Surveyor:_________________________ Phone___________

___________________________________________________________________________

___________________________________________________________________________

The undersigned, having been duly sworn on oath states the above information is true and correct as he

is informed and believes.

Signature(s) of Sub-divider(s)_______________________________________________

State of Indiana )

                     SS:

County of Miami )

Subscribed and sworn before me this _____day of _____ 20_____

                                    ________________________________________

                                    Notary Public
Residing in __________County

My Commission expires___________
_________________________________________________________________________________________________

_________________________________________________________________________________________________

FOR STAFF USE: Date of public hearing before Commission____________________
Fee for additional lots of $__________ from Sub-divider Date_______________


 

 



CERTIFICATE OF APPROVAL

 
         After having given public notice of the time, place and nature of hearing on the application for

primary approval of this subdivision by publication in the Peru Daily Tribune more than ten (10) days

before the date set for the hearing thereon, under authority provided by IC 36-7-4-700 series enacted

by the general assembly of the State of Indiana, and all amendatory thereof, this plat was given

primary approval by a majority of the members of the Town of Bunker Hill Advisory Plan<

Commission or it's executive committee at a meeting held on ___________day of ___________,

20_____.

 
 
                                            Town of Bunker Hill Plan Commission


 

                                            ____________________________________

                                            President

 
 
Attest:

______________________________

Secretary


 

 

REQUEST FOR SECONDARY APPROVAL OF SUBDIVISION PLAT

File No. S-________

Date Rec'd________

------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------

FOR STAFF USE;

Plat requires: _____determination of conformance S-    _____ Date approved_____

               _____Additional approval         Prelim. S-Date approved________

               _____Restrictive Covenants received Date________________________

================================================================================================

Name of Sub-divider(s)_________________________ ______________________

Address(es)    ________________________________ ______________________

Phone(s)   ____________________________________ ______________________

I (we) do hereby request determination of conformance with the preliminary plat for the following

described subdivision in accordance with the provisions of the Comprehensive Plan.  I (we) am (are)

the owner(s) of the real estate included in said subdivision.

Name of Subdivision_____________________ generally described as follows:

Section____________ Township__________ Range_________ in

____________ Township containing ________acres; Number of lots________; Miles of new street

to be dedicated to the public (in hundredths)______________

================================================================================================

================================================================================================

The undersigned, having been duly sworn on oath states the above information is true and correct as he

is informed and believes.

Signature(s) of Sub-divider(s)_______________________________________________

State of Indiana )

                       SS:

County of Miami )

Subscribed and sworn to before me this ____day of______, 20____.

                               ________________________________________

                               Notary Public

Residing in ___________County              My Commission Expires___________

 

 

NOTICE OF PUBLIC HEARING ON SUBDIVISION PLAT

 
     Notice is hereby given, that the Town of Bunker Hill, Miami County, Indiana Plan Commission, on

the ___________day of__________, 20_______, at 7:00 P.M., in the Bunker Hill Community

Building Meeting Room, Bunker Hill, Indiana, will hold a Public Hearing on a request by

_____________________________________________

for preliminary approval of __________________________Subdivision.

     Said Subdivision involves the following described real estate in________________

Township, located at______________________ to wit:

DESCRIPTION:

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Written suggestion or objection to the provisions of said request may be filed with the Secretary of the

Town of Bunker Hill Plan Commission at or before such meeting and will be heard by the Town of 

Bunker Hill Plan Commission at the time and place specified.  Said hearing may be continued from

time to time as may be necessary.

Interested persons desiring to present their views on the said request, either in writing or verbally, will

be given the opportunity to be heard at the above mentioned time and place.

                                      By:_____________________________________

                                      President / Town of Bunker Hill Plan Commission

 

Figure 6-1:   Sketch Plan
 

Figure 6-2:   Subdivision Plat

 


 
 
This Ordinance shall be in full force and effect in the manner provided by law in accordance

with IC 36-7-4-1500 series and any amendments thereof.

This Ordinance is recommended for approval by the Town of Bunker Hill Plan Commission on

this 7th day of August, 2001.

 
                                                ATTEST:

 
_________________________________       ___________________________________

Steve Daniels                           Linda L. Garber/Secretary

President of Plan Commission

 
 
 
Come now before the Town Council of the Town of Bunker Hill, Miami County, Indiana for

passage of this      day of          .

                                                ATTEST:

 
_________________________________       ____________________________________

Don Jaberg                              Davis Davis

President of Town Council               Clerk/Treasurer   

 
The Town Council of Bunker Hill, Miami County, Indiana failed to take action  on this ordinance

within ninety (90) days of the recommendation (certification) by the Plan Commission.  On November

05, 2001 it became law.