Chapter 16.12
DESIGN REQUIREMENTS AND IMPROVEMENTS
Sections:
16.12.020 Required improvements.
16.12.030 Roads, streets and alleys.
16.12.035 Street Sign and Traffic Control Sign Requirements
16.12.060 Intersections within subdivisions.
16.12.070 Flood control and drainage.
16.12.080 Cluster Mailbox Units (CMUs).
16.12.010 Purpose.
It is the purpose of these general requirements to assure the predetermined character and type of development of each subdivision.
(Prior code § 151.30)
16.12.020 Required improvements.
A. Streets. Streets and alleys shall be constructed to grades shown on plans, profiles, and cross-sections prepared by a registered land surveyor and/or registered professional engineer and shall be approved by the board of public works who shall receive two sets of plans as approved and shall supervise construction of the streets and alley improvements.
B. Curbs, Gutters and Sidewalks.
1. Curbs and Gutters.
a. The subdivider must provide curbs and gutters for all streets within and bounding the subdivision, except where this requirement is specifically waived or modified by the Board of County Commissioners.
b. Curbs and gutters must conform to the standards adopted by the Board of County Commissioners.
2. Sidewalks.
a. The subdivider must provide sidewalks for all streets within and bounding the subdivision, except where this requirement is specifically waived or modified by the Board of County Commissioners or the Subdivision Review Committee in the case of minor subdivisions as set forth below, subject to the following:
i. Modifications of this requirement must be consistent with the purposes of this Title, but may be in any manner including, without limitation, by approval of a plan for alternative walkways instead of, or in combination with, sidewalks.
ii. For major subdivisions, the waiver or modification request must first be presented to the Area Plan Commission, which shall make a recommendation to the Board of County Commissioners as to whether the request should be approved, denied, or approved with amendments. The request and the Area Plan Commission’s recommendation shall then be forwarded to the Board of County Commissioners for final approval, denial or approval with amendments at its next regularly scheduled meeting.
iii. For minor subdivisions, the request for waiver or modification must be submitted to the Subdivision Review Committee with the Subdivision Application as provided under VCC 16.08.020, and the Area Plan Commission may delegate authority to the committee to approve the request, with or without amendments, by affirmative vote of a majority of the committee’s membership. In the event the Subdivision Review Committee approves the waiver or modification, the request need not proceed to the Board of County Commissioners. In the event the Subdivision Review Committee does not approve the request or approves it with conditions unacceptable to the applicant, the applicant may submit the request to the Area Plan Commission and the Board of County Commissioners pursuant to the procedure in subsection B.2.a.ii. otherwise pertaining to major subdivisions.
b. Sidewalks and alternative walkways must conform to the standards adopted by the Board of County Commissioners and all applicable standards required by the Americans with Disabilities Act (ADA) and the regulations thereunder.
i. Sidewalks must conform to the established location and width of existing sidewalks within the same block, but must not be less than four feet in width.
ii. In commercial and other congested areas, the Area Plan Commission, or the Subdivision Review Committee in the case of a minor subdivision, may require sidewalks of greater width constructed adjacent to the curb.
iii. The subdivider must provide a plan showing the location of each sidewalk, ADA compliant ramp, and alternative walkway, if any.
C. Sewers. When there is an available sanitary sewer outlet or trunk line approved by the Evansville water and sewer utilities board, prior to the issuance of a building permit, the subdivider shall provide the subdivision with an ample sanitary sewer system connected to the approved sewer outlet or trunk lines. All new sewer systems in any area of special flood hazard need to be located and designed to avoid impairment from flooding. If there is not an available sanitary sewer outlet or trunk line, then the subdivider shall do either of the following:
1. Install a private sewage disposal system on individual lots of a minimum lot size that is determined to be a sufficient size from a review of soil types and topography as interpreted by the Vanderburgh County Health Department from soil maps and survey information provided by the Soil Conservation Service. A MINIMUM OF ONE (1) ACRE LOT IS REQUIRED. However, on soils rated moderate to severe for septic tank absorption fields as denoted in US Department of Agriculture soil survey of Vanderburgh County, A MINIMUM OF 2.5 ACRES SHALL BE REQUIRED. Subdivisions approved and recorded prior to the date of this ordinance and existing lots which were of record prior to 1957, shall not be required to meet the above stipulations, if such property has suitable land for a private sewage disposal system provided that such determination shall be made by the Vanderburgh County Health Officer with any tests, plans and specifications the Health Officer may require to be submitted before approval of the application.
2. If applicable, affix a certificate on the mylar stating the purchaser shall install on the lot a private sewage disposal system all laid out in accordance with the minimum standards of the Evansville-Vanderburgh County health department.
D. Water. Where there is an available municipal or community water supply approved by the State Board of Health at the time of approval of the secondary plat, then the subdivider shall provide the subdivision with a complete water main system connected to said existing water system. All new water systems in any flood hazard area need to be located and designed to avoid impairment from flooding. If, prior to the issuance of a building permit, there is no available municipal or community water supply system for the subdivision, the subdivider shall do either of the following:
1. Provide a water supply system to each lot in the subdivision in accordance with minimum requirements of the State Board of Health;
2. If applicable, affix a certificate to the mylar stating that the purchaser shall install on the lot an individual water supply in accordance with the minimum requirements of the State Board of Health.
E. Storm Drainage. The subdivider shall provide the subdivision with an adequate stormwater system in accordance with plans and specifications prepared by the subdivider and approved by the county drainage board. Where a stormwater sewer system cannot be provided due to the amount of drainage required, easements for surface drainage shall be provided in accordance with this title.
F. Monuments and Markers.
1. Monuments and markers should be constructed to the following standard or be of other approved material.
a. Monument. Reinforced concrete or limestone, minimum size four inches by four inches by thirty (30) inches or a bronze marker securely imbedded in concrete which extends below the frost line.
b. Markers. Iron pipe, minimum size twenty-four (24) inches by one-half inch, three-fourths inch diameter preferred, or iron or steel bars of same dimensions.
2. Monuments and markers must be so placed that the scored or marked point coincides exactly with the point of intersection of the lines being monumented.
G. The Town of Darmstadt Septic Tank Effluent Pumping (S.T.E.P.) Sewer System. When there is available the septic tank effluent pumping (S.T.E.P.) sewer system approved by the superintendent of municipal sewage works of the town of Darmstadt, prior to the issuance of a building permit, the subdivider shall provide the subdivision with an ample sanitary sewer system to be connected to the approved outlet or trunk lines of the septic tank effluent pumping (S.T.E.P.) sewer system. All subdividers must comply with the requirements of Ordinance No. 1987-1, as from time to time amended, of the town of Darmstadt. A minimum of one acre lot is required for connection to and use of the septic tank effluent pumping (S.T.E.P.) sewer system. Subdivisions approved prior to the date of the ordinance codified in this title and recorded within the prescribed eighteen (18) month period and lots of record prior to 1957, shall not be required to meet the above stipulations. However, as to the installation of a private sewage disposal system, subsection (C)(1) of this section shall apply.
(Ord. 10-15-011 § 2, amended 10-20-2015; Ord. 01-15-001 § 3, amended 2-3-2015; prior code § 151.31)(16.12.020, Amended, 10/26/1987)
16.12.030 Roads, streets and alleys.
A. The road, street, and alley design shall provide direct access to all lots and parcels of land within the subdivision and shall provide for continuity of arterial or collector roads and streets. The area plan commission may require the extension of certain roads, streets, or alleys, to the exterior boundary of the subdivision and may require the subdivider to provide a partial right-of-way along an exterior boundary line to correspond to an existing public right-of-way on adjoining lands, or for the purpose of extending arterial or collector roads.
B. Alleys may be required in a subdivision of land designated as commercial or industrial districts. Residential alleys are not recommended.
C. The minimum width of right-of-way shall be forty-five (45) feet, and cul-de-sacs may utilize a fifty (50) foot radius, or equivalent, at its terminus; however, in all cases such minimum dimensions shall be in conformance with the Vanderburgh County Road Standards to the extent such standards require greater minimum dimensions. The length of cul-de-sacs is limited to one thousand two hundred (1,200) lineal feet unless the Area Plan Commission determines that a longer length will not be detrimental to local traffic flow. Geometric designs for the turn-around other than a circle may be used at the terminus if expressly permitted by the Vanderburgh County Road Standards or the County Engineer.
D. Rights-of-way for alleys, when required by the area plan commission in a commercial or industrial district, shall have a total width of twenty (20) feet. All others shall not be less than twelve (12) feet.
E. All roads and streets must conform to the thoroughfares plan.
F. New half or partial streets are permitted only:
1. Where the subdivider obtains an agreement in writing to dedicate and improve as required the other half of the street when the adjoining property is subdivided; or
2. Where essential to reasonable subdivision of a tract in conformance with the other requirements and standards of these regulations; or
3. Where needed to complete existing streets.
G. Where an existing street traverses or abuts the subdivision, the entire right-of-way required by these regulations, or as muct as is possible within the subdivision, must be provided. The right-of-way must be measured from the centerline of the existing roadway.
H. Frontage roads separate local traffic from the higher speed through-traffic of major transportation arteries.
1. Frontage roads may also be required by the area plan commission to be located outside the right-of-way of arterial roads and streets when the average daily traffic exceeds eight thousand (8,000) vehicles on two-lane roads and fifteen thousand (15,000) vehicles on four-lane roads and the speed limit exceeds forty (40) m.p.h., or when the number of curb cuts creates a traffic hazard or major flow impediment.
2. Design of frontage roads shall be based on providing access to the property, maintaining circulation of traffic within the subdivision, and providing for parking requirements and surface drainage.
I. Auxiliary lanes must conform to the approved Evansville urban transportation study “Access Standards Manual” or its successor.
J. Intersections involving the junction of more than two roads or streets should be avoided. Three-way intersections may be used wherever appropriate, particularly in residential areas. Right-angle intersections must be used wherever practicable. When local roads and streets intersect arterial or collector streets, the angle of intersection of the street centerlines may not be less then seventy-five (75) degrees.
1. Intersections must be approached on all sides by near level areas. Where the grade exceeds seven percent these level areas must have a minimum length of fifty (50) feet (measured from the intersection of the centerline) within which no grade may exceed a minimum four percent.
2. Design of curb or edge of pavement radii shall conform to the applicable standards adopted by the board of county commissioners.
3. Minimum sight distances at intersection should be sufficient to avoid the hazard of a collision between a vehicle starting from a “stop” position and the vehicle approaching the intersection from the left or right.
K. All plans shall conform to the current design standards adopted by the board of county commissioners. The policy of the area plan commission shall be to discourage the installation of private roads. Private roads which are installed shall conform to the thickness standards for streets.
(Ord. 09-22-018 § 3, amended, 09/27/2022; Ord. 08-19-021 § 1, amended, 9/24/2019; prior code § 151.32)
16.12.035 Street Sign and Traffic Control Sign Requirements
A. The developer of any subdivision (“Applicant”) shall provide a plan (“Signage Plan”) for the installation of all public safety related street signs, public safety related traffic control signs, and street identification signs (“Required Signage”) to be filed along with the street plans for approval by the Board of Commissioners of Vanderburgh County, Indiana. Upon approval of the Signage Plan, the Applicant must provide the Required Signage as set forth in Paragraph B. of this Section at every street intersection in accordance with the approved Signage Plan. The Required Signage shall conform to the Indiana Manual on Uniform Traffic Control Devices as to shape, color, size, message, arrangement and placement unless the use of decorative street name signs is approved by the Board of Commissioners of Vanderburgh County, Indiana. The use of decorative signs shall require the Applicant to obtain an encroachment permit from the Board of Commissioners of Vanderburgh County, Indiana.
B. The following provisions shall apply to Required Signage:
1. The Applicant shall provide for Required Signage on subdivision streets as outlined below:
a. The installation of the Required Signage shall occur as the first layer of asphalt or the concrete is poured for a street(s) within a subdivision or a section thereof, or within 60 days of the date the first Improvement Location Permit is issued for a lot on a given subdivision street, whichever occurs first;
b. The Required Signage shall also be installed on any other subdivision street(s) that provides access to the section of the subdivision being requested for street acceptance; or the section of the subdivision that has been recorded and in which Improvement Location Permits have begun to be issued.
c. The APC shall notify the Vanderburgh County Engineer of the dates the signs are required to be installed based on the dating of issuance of Improvement Location Permits. If the Required Signage is not installed at the time the streets are paved or within sixty (60) days following the issuance of the first Improvement Location Permit, or, is not installed properly in accordance with the approved Signage Plan, the Vanderburgh County Engineer shall inform the APC and no further Improvement Location Permits shall be issued in that subdivision until the APC is notified by the Vanderburgh County Engineer that the Required Signage has been installed and approved by the Vanderburgh County Engineer.
d. The Applicant shall submit a written request to the Vanderburgh County Engineer for an inspection of the Required Signage after the installation thereof is complete.
e. The Vanderburgh County Engineer shall complete the inspection within 30 days of the Applicant’s notification.
f. The Vanderburgh County Engineer shall notify the APC upon approval of the installation of the Required Signage.
g. Any deficiencies in the Required Signage or the installation thereof noted by the Vanderburgh County Engineer must be corrected by the Applicant within 30 days of receipt of a punch list identifying the deficiencies from the Vanderburgh County Engineer. Upon correction of the deficiencies, the Applicant shall notify the Vanderburgh County Engineer in writing so that the Required Signage can be re-inspected. After all deficiencies have been corrected, the Vanderburgh
County Engineer shall notify the APC that the Required Signage has been installed as required and that Improvement Location Permits can again be issued in the subdivision.
2. The approval of the Vanderburgh County Engineer of Required Signage and the installation thereof is for the purpose of ensuring public safety and such approval shall not constitute acceptance by Vanderburgh County of the streets and/or other improvements within the street right-of-way.
3. Vanderburgh County shall be responsible for the maintenance, repair, and/or replacement of all Required Signage after it has been installed and approved by the Vanderburgh County Engineer, except where decorative signs are used, in which case, the Applicant and his heirs and/or assigns shall be responsible for maintenance, repair and replacement of such decorative signs.
4. The APC Director may, upon written request by the Applicant, grant an extension of time for signs to be installed.
(16.12.035 Added 1/29/2008)
16.12.040 Blocks and lots.
A. The width of blocks should be sufficient to allow two tiers of lots. Blocks shall not exceed one thousand three hundred twenty feet in length unless the area plan commission determines that a longer length will not be detrimental to local traffic flow.
B. In any subdivision or part of a subdivision proposed for residential uses, the minimum width and area for lots shall conform to the requirements of Title 17 of this code.
1. Install a private sewage disposal system on individual lots of a minimum lot size that is determined to be a sufficient size from a review of soil types and topography as interpreted by the Vanderburgh County Health Department from soil maps and survey information provided by the Soil Conservation Service. A MINIMUM OF ONE (1) ACRE LOT IS REQUIRED. However, on soils rated moderate to severe for septic tank absorption fields as denoted in US Department of Agriculture soil survey of Vanderburgh County, A MINIMUM OF 2.5 ACRES SHALL BE REQUIRED. Subdivisions approved and recorded prior to the date of this ordinance and existing lots which were of record prior to 1957, shall not be required to meet the above stipulations, if such property has suitable land for a private sewage disposal system provided that such determination shall be made by the Vanderburgh County Health Officer with any tests, plans and specifications the Health Officer may require to be submitted before approval of the application.
2. All lots shall have access onto a road, public or private.
3. Building setback lines shall be established back of road and street right-of-way lines, at least to the extent prescribed for front yards in the zoning title.
4. All lots must be in compliance with the thoroughfare plan. Lots shall not be designated in such a manner that there would be insufficient area remaining to build on after building setback lines and thoroughfares setback lines are established in accordance with the zoning title and the thoroughfare plan of this code.
5. Whenever possible, side lot lines shall be at right angles or radial to street lines.
6. Double frontage and reverse frontage lots shall be discouraged except where necessary to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation.
7. Easements for utility lines along the rear lot line and along the side lot line should be provided where necessary. These easements shall not be less than six feet wide on each external lot line and five feet on an internal lot line.
C. Town of Darmstadt Septic Tank Effluent Pumping (S.T.E.P.) Sewer System. When there is available the septic tank effluent pumping (S.T.E.P.) sewer system approved by the superintendent of municipal sewage works of the town of Darmstadt, prior to the issuance of a building permit, the subdivider shall provide the subdivision with an ample sanitary sewer system to be connected to the approved outlet or trunk lines of the septic tank effluent pumping (S.T.E.P.) sewer system. All subdividers must comply with the requirements of Ordinance No. 1987-1, as from time to time amended, of the town of Darmstadt. A minimum of one acre lot is required in any subdivision or part of a subdivision proposed for residential uses where an outlet or trunk line is available for connection to and use of the town of Darmstadt septic tank effluent pumping (S.T.E.P.) sewer system. A subdivider must obtain the appropriate permit from the superintendent of municipal sewage works of the town of Darmstadt, prior to the connection to and use of the sewer system. Subdivisions approved prior to the date of the ordinance codified in this title and recorded within the prescribed eighteen (18) month period and lots of record prior to 1957, shall not be required to meet the above stipulations. Where the town of Darmstadt sewer system is not available, the subdivider shall conform with the provisions of subsection (B)(1) of this section. All other provisions of this section are applicable to the subdivision within the town of Darmstadt.
(Prior code § 151.33)(16.12.040, Amended, 10/26/1987, amended b1)
16.12.050 Public spaces.
A. Whenever the area plan commission considers that a subdivision recreation site is necessary to carry out the purposes of these regulations, the area plan commission may require the reservation of all or a portion of such site in accordance with the following standards:
1. The land to be reserved must be of suitable size, dimension, access, and general character for the proposed use;
2. The amount of land so required for this purpose must not exceed 0.01 acres of land for each lot on the primary plat;
3. In the case of an apartment development, however, the number of dwelling units shall be used to determine the required acreage instead of lots.
B. Whenever the area plan commission considers that any part of the proposed subdivision is needed in the interest of the county for a park, an open space, a recreational site, a school site, or such other legitimate purpose, the area plan commission may require that the subdivider either dedicate the area or convey the area as directed by the area plan commission, provided, however, within six months after the approval of the primary plats:
1. The subdivider of the land to be dedicated or conveyed has been paid for the full fair market value of said real estate; or
2. The subdivider of the real estate to be dedicated or conveyed has entered into a contract satisfactory to the subdivider, to be paid the fair market value of the real estate to be dedicated or conveyed; or
3. An appropriate governmental authority has instituted legal action to condemn by eminent domain the areas which are to be dedicated or conveyed.
(Prior code § 151.34)
16.12.060 Intersections within subdivisions.
A. At street intersections, property line corners shall be rounded by an arc at least twenty (20) feet in radius.
B. At alley intersections, property line corners shall be rounded by an arc at least ten (10) feet in radius.
C. All streets intersecting a through (preferential) street should do so at right angles, or as nearly as is possible, and the intersection angle shall not be less than sixty (60) degrees. The foregoing radii shall be increased not less than forty (40) percent.
(Prior code § 151.35)
16.12.070 Flood control and drainage.
A. A notice shall be set out on the plat to the effect that the encroachment within open channels or underground conduits by any permanent structures, trees, shrubs, flowers, gardens, or vegetation other than grass is prohibited. Lot grading, in-tract drainage, and street improvements should be so designed that floods having an average recurrence interval of one hundred (100) years or less will not cause inundation or damage to buildings.
B. According to IC 36-9-27-1 et seq., any changes to a waterway that is classified as a legal drain must have the approval of the plans by the county drainage board. It shall be the duty of the subdivider’s engineer to make the necessary investigation of the watershed or watersheds in which the proposed subdivision lays and determine if the subdivision discharges stormwater directly or indirectly into a legal drain. All drainage channels, conduits, and appurtenances located outside the road or street right-of-way shall be constructed in suitable public easements or rights-of-way. Landscaping may be permitted within the easement if it does not interfere with open channels or proper access for the operation of maintenance equipment.
C. Stormwater flows are to be carried in the street or within the street right-of-way. These should be contained within the gutter or parking lane outside of the shoulder, but within street right-of-way or adjoining drainage easement. Design discharge that exceeds the capacity of the adopted street cross-section, or which would encroach on the traveled lanes, shall be discharged into open channels outside of the street right-of-way, or into underground storm drains. Hillside developments will require special consideration by the are plan commission in the areas of lot size and slope stability, particularly where building sites have been benched into the hillside, to protect downhill areas from slides and erosion of unstable soils.
D. The hydraulic design of the subdivision shall be such that, after accumulating all energy losses through the various drainage transmission systems within the subdivision, depths of flow in the streets shall not exceed curb heights for five-year flood, and the depth of flow or ponding shall not exceed a level which would cause inundation of the lowest finished floor including basement. Within the subdivision, catch basins or curb inlets shall be so placed along the streets that the flow of water in the gutter will not exceed the top of curb for a five-year average recurrence interval.
E. Earth channels constructed within the subdivision shall have side slopes of three to one or flatter, and a minimum bottom width of one foot. Revetment, bank stabilization, and stream bed stabilization along constructed or natural channels will be required if the channel velocities are sufficient to cause bank or invert erosion.
1. Earth channels constructed within the subdivision in those areas not revetted and having slope of less than two percent shall be seeded with a mulched mixture as determined by the soil conservation service. Mixture is to be held in place with pegged burlap, liquid asphalt, or other approved methods to establish a vegetative cover. A spray-on mulch mixture may be used in lieu of straw where it is determined by staff that straw will impede stormwater drainage.
2. Earth channels having a slope of more than two percent but less than eight percent shall be sodded with a grass similar in content to seeding mixture.
3. Earth channels having slope greater than eight percent shall be paved or lined with rip rap.
4. Open channels or underground storm drains or combination thereof with a contributory area greater than one square mile shall be designed and constructed for fifty (50) year average recurrence storm flow.
F. Underground storm drains serving only the subdivision shall have a minimum design size for an average recurrence interval of twenty-five (25) years unless stormwater storage systems are provided to limit runoff rate. The underground storm drain design when combined with surface water flow shall not cause inundation of basements or buildings at the one hundred (100) year flood level. Design quantities of flow shall be computed by the subdivider’s engineer according to the publication “County Storm Drainage Manual” (May 1981) or Project for Indiana Counties, Purdue University. Design quantities of flow for major waterways over twenty-five (25) square miles in area shall be obtained from the Indiana Department of Natural Resources, State Office Building, Indianapolis, Indiana.
(Prior code § 151.36)
16.12.080 Cluster Mailbox Units (CMUs).
A. In accordance with current USPS policy, the arrangement and location of the CMUs shall not be placed in the right of way of any road, or in any public easement, or in any drainage easement.
B. Vanderburgh County will not be responsible for any installation, maintenance, or replacement costs of CMUs, concrete pads, parking areas, sidewalks, or any other facilities or infrastructure constructed with CMUs.
C. CMUs shall be placed in a location where they can only be accessed on interior roads within a subdivision. CMUs shall not be located where they must be accessed from any road on a boundary of a subdivision.
(Ord. 09-23-023 § 1, added, 12/5/2023)