Howard County Ordinances - Chapter 152 - Major Streets and Highways and Subdivisions Control Regulations

§ 152.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADJACENT PROPERTY OWNER. Those owners of property contiguous to the subject property, ignoring all intervening streams, street and railroad rights-of-way.

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.

BLOCK. Property having frontage on one side of a street and located between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street or railroad right-of-way, waterway or other barrier. When intersecting or intercepting streets and railroad rights-of-way, waterways or other barriers do not exist, within 330 feet on either side of the centerline of the area, the unit of 660 feet shall be used. The measurement may begin at a quarter section line and terminate each 660 feet unless intersected by a street.

BOARD. The Board of County Commissioners of Howard County, Indiana.

BOARD OF HEALTH. The Howard County Board of Health.

BUILDING LINE. Means the line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way line.

COMMISSION. The Howard County Plan Commission.

COUNTY. Howard County, Indiana

COUNTY DRAINAGE BOARD. The Howard County Drainage Board.

COUNTY ENGINEER. The Howard County Highway Engineer.

COUNTY SURVEYOR. The Howard County Surveyor.

COVENANT. A written promise or pledge.

CUL-DE-SAC, COURT or DEAD-END STREET. A short street having one end open to traffic and being permanently terminated by a vehicle turn-around.

DEBRIS BASIN. A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel or silt or other material.

DEVELOPER. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself, herself or for another.

DIRECTOR. The officer or employee of the County Plan Commission who has authority to enforce this chapter.

DRAINAGE SWALE. A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.

DRAINAGE SYSTEM. Any combination of surface and subsurface drainage components fulfilling the drainage requirements of this chapter.

EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation or persons for specified purposes.

EROSION. The wearing away of the land surface by the action of wind, water or gravity.

GRADING. Any stripping, cutting, filling, stockpiling or any combination thereof, and shall include the land in its cut or filled condition.

JURISDICTION OF THE COMMISSION. The unincorporated territory of Howard County, Indiana.

LOT. For purposes of these regulations, a lot is a parcel of land of sufficient size to meet the minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved street, or on an approved private street.

MAJOR STREETS AND HIGHWAYS PLAN. The part of the Master Plan, now or hereafter adopted, which sets forth the location, alignment, dimensions, identification and classification of existing and proposed streets, highways and other thoroughfares.

MASTER PLAN. The complete plan, or any of its parts, for the development of the county, prepared by the Commission and adopted in accordance with I.C. 36‑7‑4‑500 et seq., as now or may hereafter be in effect.

MULCHING. The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.

OPEN DITCH. A relatively deep drainage channel which may have a continuous water flow the year round. Open ditches are outlets for both surface, subsurface or storm sewer drainage system.

PERSON. Includes a corporation, firm, partnership, association, organization or any other group that acts as a unit or legal entity.

PLAT. A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.

PLAT REVIEW COMMITTEE. A group of persons with technical knowledge of various county, state, and federal regulations and standards regarding urban development, appointed by the Commission. The Committee is responsible for working with developers in reviewing the technical aspects of subdivision plans and other major development projects. The Committee makes technical findings and recommendations to the Commission.

PRIVATE STREET. A right-of-way which has the characteristics of a street, as defined herein, except that it is not dedicated to the public use. A driveway which is located on a lot and which serves only the use on that lot is not considered as a private street.

REGULATED DRAIN. Any drainage system over which the County Drainage Board has legal control.

SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SEDIMENT BASIN. See DEBRIS BASIN.

SHALL. The term is always mandatory.

SOIL. All unconsolidated mineral and organic material of whatever origin that overlies bedrock which can be readily excavated.

SOIL AND WATER CONSERVATION DISTRICT. The Howard County Soil and Water Conservation District.

SOIL SURVEY. Refers to the Soil Survey of Howard County, Indiana, prepared by the United States Department of Agriculture, Soil Conservation Service, in cooperation with Purdue University Agricultural Experiment Station, which may be updated from time to time based on the National Cooperative Soil Survey.

STORM DRAINAGE SYSTEM. A system of open ditches, pipes or drainage swales used to collect and convey storm water runoff.

STORM SEWERS. A system of pipes, tiles or tubing installed beneath the ground surface which collects and conveys surface water from more than one parcel, lot or the discharge from a subsurface drain.

STREET or ROAD. A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name.

STREET, ARTERIAL. A street providing for through movement of large volumes of traffic. Arterial streets are intended to provide access to abutting property subject to necessary control of entrances and exits for traffic movement and where safety conditions warrant.

STREET (OR ALLEY) IMPROVEMENT. The construction of a street or alley to its full thickness, commencing at the subgrade according to the specifications contained in § 152.62. The placing of a new surface over an existing paved or closed surface street or alley shall not be considered as an improvement but as maintenance.

STREET PAVEMENT WIDTH. The usable traveled surface of the street. For streets with curb and gutter, the width is measured on the lip of gutter to lip of gutter or the face of curb to face of curb, whichever is the greater distance. For streets without curb or gutter, the width is measured from edge of pavement to edge of pavement. See Appendix B, Figures 1 and 2.

STREET, PRIMARY FEEDER. A street planned to facilitate the collection of traffic from local streets, and to provide circulation within neighborhood areas and convenient ways for traffic to reach principal arterial streets.

STREET, RESIDENTIAL. A street used primarily for access to abutting properties, usually residential.

STREET, SECONDARY FEEDERS. A street with lower traffic volumes fulfilling the same function as major collectors.

SUBDIVIDER. See DEVELOPER.

SUBDIVISION.

(1) The division of any parcel of land shown as a unit, part of a unit, or as contiguous units on the last preceding transfer of property into two or more parcels, sites or lots for the purpose, whether immediate or future, of transfer of ownership.

(2) The following divisions of land shall not be considered a subdivision.

(a) The sale or exchange of land between adjoining lot owners, where such sale or exchange does not create additional building sites;

(b) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division and all location of land as streets or other open spaces for common use by owners, occupants or lease holders; or

SUBSURFACE DRAINAGE. A system of pipes, tile, conduit or tubing installed beneath the ground surface used to collect ground water from individual parcels, lots or building footings.

SURFACE DRAINAGE. A system by which the storm water runoff is conducted to an outlet. This would include the proper grading of parking lots, streets, driveways, yards and the like so that storm water runoff is removed without ponding and flows to a drainage swale, open ditch or a storm sewer.

VEGETATIVE PROTECTION. Stabilization of erosive or sediment-producing areas by covering the soil with:

ZONING CODE. The part of the Master Plan, now or hereafter adopted, which includes an ordinance and zone maps which divides the area under the jurisdiction of the Commission into districts, with regulations and requirements and procedures for the establishment of land use controls. (See Chapter 153.)

The Official Major Streets and Highways Plan consists of a map entitled “Major Street & Highway Plan, Howard County, Indiana” and drawings entitled “Thoroughfare Standard Cross-Sections” (see Appendix B, Figures 3, 4 and 5) which shows recommended design plans for the proposed streets and highways. This Official Major Streets and Highways Plan is hereby declared to be a part of this chapter and notations, references, indications and other details shown therein are as much a part of this chapter as if they were fully described in the text of this chapter, and is hereby adopted by reference.

The major streets and highways comprising the Official Major Street and Highways Plan are hereby classified on the basis of width and type, in accordance with their proposed function, as arterial, primary feeder, secondary feeder and residential.

Whenever a street designated in the Official Major Streets and Highway Plan is to be platted as a part of a subdivision, the required right-of-way width for such street shall be platted as specified in the Official Major Streets and Highways Plan; provided, that where a street borders a tract of land to be subdivided, the owner of such land shall be required to plat only one-half of the right-of-way designated for such street, measured at 90 degrees to the center line thereof.

§ 152.05 LOCATION OF STREETS.

(A) Wherever the location of a street is indicated in the Official Major Streets and Highways Plan as following an existing road or street, or a section or half-section or other established property line, the location of the street shall conform to such location; however; a street lying wholly within a subdivision, and not designated as following an existing road or established property line, may be varied in its alignment when such variance promotes the plan of a neighborhood development unit in accordance with good site planning principles, and if such alignment provides for the continuity of traffic movement.

(B) In the absence of any street being designated in each section of land on or approximately on the north-south and east-west section lines of such sections, it is the intent of the Official Major Streets and Highways Plan and this chapter that Primary Feeder Streets be established on such section lines.

(C) In the absence of any street being designated in each section of land on or approximately on the north-south and east-west half-section lines of such sections, it is the intent of the Official Major Streets and Highways Plan and this chapter that Secondary Feeder Streets be established on such half-section lines.

(D) Wherever the location of a street is indicated in the Official Major Streets and Highways Plan as following an irregular alignment, or a reversed alignment, or is not referenced to an established line, it shall follow the alignment shown in the Official Major Streets and Highways Plan. Such alignment shall be subject to a detailed survey which may be provided by the Commission or other public agencies, or by the owners of land to be subdivided if required by the Commission. The survey for such street shall be subject to the approval of the Commission prior to the dedication of the street.

(A) The Board shall be guided by and give consideration to the general policy and pattern of street development set out in the Official Major Streets and Highways Plan in the authorization, construction, widening, alteration, relocation or abandonment of the public streets, highways and related structures.

(B) No public way shall be abandoned or vacated until the Commission shall have first given notice and held public hearing on vacation or abandonment of such public way. The Commission shall forward its recommendation to the Board. The Board shall not override the recommendation of the Commission except by unanimous vote.

Any permits authorized by the Board, including but not limited to improvement location permits, permitting the erection, alteration or relocation of structures and other improvements within the jurisdiction of the Commission, shall be issued only if, in addition to satisfying the requirements of other ordinances, the proposed street right-of-way as set forth by this chapter will be protected from encroachment. In this instance, the proposed street right-of-way lines will be considered as the front line of lots and tracts bordering such street.

Subsequent to the passage of this chapter, the Commission may determine lines for new, extended, widened or narrowed thoroughfares in any location of the area within the jurisdiction of the Commission, and certify to the Board the amended or additional plan under the same procedure as established for the certification and approval of the Official Major Streets and Highways Plan.

Where the subdivider can show that a provision of this chapter 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 of such provision, the Commission may authorize a variance. Any variance thus authorized is required to be entered in writing in the minutes of the Commission and the 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 or she would suffer financial loss if it were denied.

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

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

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

(A) 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 Heath 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 the 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.

(B) The Commission shall review all proposed subdivisions to determine whether the subdivision lies in a flood-prone area as defined in Chapter 151. If the Commission finds the subdivision to be so located, the petitioner shall forward all pertInent plans and materials to the 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.

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 §§ 152.23 and 152.24, all in accordance with the requirements set forth in this chapter.

§ 152.23 PRELIMINARY PLAT PREPARATION.

(A) 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.

(B) The subdivider shall provide the following:

(1) Location map. 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 property

(e) Nearest approved drainage outlet.

(f) Title, scale, north point and date.

(2) Preliminary plat. 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) Easement 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 or other public, semi-public, or community purposes.

(h) Contours at vertical intervals of two feet if the general slope of the site is less than 10% and at vertical intervals of five feet if the general slope is greater than 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. The preliminary plat of the subdivision shall be drawn to a scale of 50 feet to 1 inch or 100 feet to 1 inch; provided, however, that if the resulting drawing would be over 36 inches in shortest dimension, a scale as recommended by the Commission may be used.

(n) Plans and specifications for the improvements required in this chapter.

(o) Detailed grading plans shall be submitted simultaneously with the preliminary plat to illustrate solutions to topography or drainage problems

1. 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.

2. 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 or her duly 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.

(3) Description of protective covenants. A description of the Protective Covenants or private restriction to be incorporated in the plat of the subdivision shall be submitted.

(4) Soil report. 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. 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.

(5) Area Drainage Map. An area drainage map showing the following shall be submitted:

(a) Total drainage area.

(b) Size and location of an outlet as defined in § 152.65 to which the water from the proposed subdivision will be taken.

(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 § 152.65.

(f) Scale and north arrow.

(6) Erosion control plan. An erosion control plan which will adequately control soil erosion and the resulting sedimentation from occurring during and after the development of a subdivision shall be submitted. 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.

(C) The application shall be accompanied by a certified check or money order in the amount of $50 plus $5 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.

(A) Tentative approval. After an application for approval of a preliminary plat of a subdivision, together with ten 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 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 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 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 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.

(A) Following the approval of the preliminary plat, the Commission will notify the applicant in writing that it is ready to receive the final plat.

(B) The final plat shall meet the specifications and requirements as set forth in §§ 152.26 and 152.27, all in accordance with the requirements set forth in this chapter.

§ 152.26 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 50 feet to 1 inch; provided, that the resulting drawing shall be 18 inches x 24 inches with two inches on the left hand side reserved for binding. If necessary, in order to

meet these dimensions, a scale of 100 feet to 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.

(1) Accurate boundary lines, with dimensions and angles which provide a survey of the tract, closing with an error of not more than 1 foot in 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.

(5) Source of title of the applicant to the land as shown by the last entry in the books of the County Recorder.

(8) Street lines with accurate dimensions in feet and hundredths of feet, with angles to street, alley and lot lines.

(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 use.

(14) Restrictions of all types which will run with the land and become covenants in the deeds for lots.

(22) All subdivision plats containing lands identified in Chapter 151 as flood-prone areas shall have the elevations of the 100-year flood listed thereon.

§ 152.27 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 chapter;

(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 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 such improvements and Installations.

(2) Be in an amount equal to 10% of the cost of such improvements and installations as estimated by the Board.

(4) Warrant the workmanship and all materials used in the construction, installation and completion of such improvements and installations to be of good quality and have been constructed and completed in a workmanlike manner in accordance with the standards, specifications and requirements of this chapter and the satisfactory plans and specifications thereof.

(5) Provide that for a period of three years after such 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 or her own expense make all repairs to such 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 such improvements and installations resulting from forces or circumstances beyond the control of the subdivider or occasioned by the inadequacy of the standards, specifications or requirements of this chapter.

(C) Within a reasonable time alter 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 County Recorder within 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 forms set forth in Appendix A of this chapter shall be described upon the final plat and appropriate signatures affixed thereto.

§ 152.40 STANDARDS OF DESIGN GENERALLY.

(A) The final plat of the subdivision shall conform to the principles and standards of design set forth in this subchapter.

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

(BCC Ord. 1977‑38, passed 12‑19‑77) Penalty, see § 10.99

§ 152.41 STREETS.

(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 plaIted portion of a street or alley, the remainder of such 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 in § 152.62 and the “Thoroughfare Standard Cross-Sections” located at Appendix B, Figures 3, 4 and 5.

(F) All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter of 100 feet and shall not exceed 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 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 20 feet radii or by the chords of such arcs.

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

(K) If the smaller angle of intersection of two streets is less than 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 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 feet above the proposed grade line, to permit horizontal visibility on curved streets and vertical visibility on all streets, must be established along the center line of such street as follows:

(1) Arterial streets: 500 feet.

(2) Feeder streets: 200 feet.

(3) Residential streets: 150 feet.

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

(1) Arterial streets: 1,000 feet.

(2) Feeder streets: 400 feet.

(3) Residential streets: 300 feet.

(P) Between reversed curves on arterial streets, there shall be a tangent of not less than 200 feet, and on feeder and residential streets, such tangent shall be not less than 100 feet.

(Q) Maximum grades for streets shall be as follows:

(1) Arterial streets: not greater than 4%.

(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

§ 152.43 LOTS.

(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 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 Code 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 60 feet and the area of the lot be less than 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 flood-prone areas as defined in § 152.65.

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

(BCC Ord. 1977‑38, passed 12‑19‑77) Penalty, see § 10.99

§ 152.44 EASEMENTS.

(A) Where alleys are not provided, easements for utilities and drainage facilities shall be provided. Utility easements shall have minimum widths of 12 feet. Drainage easements shall have a minimum width of 16 feet. Where such utility and drainage easements are located along lot lines, one-half of 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.

(B) 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.

(C) Drainage easements shall be provided for the drainage system approved by the County Drainage Board as set forth in § 152.65.

(BCC Ord. 1977‑38, passed 12‑19‑77) Penalty, see § 10.99

Building lines shall be as provided in the Zoning Code, as adopted in Chapter 153.

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 months.

§ 152.60 STANDARDS FOR IMPROVEMENTS GENERALLY.

The improvement of the subdivision shall conform to the standards set forth in this subchapter.

(BCC Ord. 1977‑38, passed 12‑19‑77) Penalty, see § 10.99

§ 152.61 MONUMENTS AND MARKERS.

(A) Monuments and markers 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.

(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, or concrete poured in place with minimum dimensions of 6 inches by 6 inches by 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 36 inches long, and not less than _-inch in diameter.

(BCC Ord. 1977‑38, passed 12‑19‑77) Penalty, see § 10.99

§ 152.62 STREETS.

(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 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 divisions 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” in Appendix B, Figures 3, 4 and 5, and shall be constructed in accordance with design characteristics at least equal to those given below except as modified by division (D) of this section:

DESIGN CHARACTERISTICS OF STREET AND ALLEY PAVEMENTS

Kind of Pavement

and Thickness

Arterial

(inches)

Feeder

(inches)

Residential

(inches)

Alley

(inches)

PORTLAND CEMENT CONCRETE

Uniform thickness

7½

6½

FLEXIBLE

Surface - Asphaltic Concrete

Type “B”

1½

Binder - Asphaltic Concrete or

Bituminous Coated - Blended Aggregate

Base Compacted Aggregate or

Water Bound Macadam

Subbase - Type II

Total Thickness

19½

15½

DEEP STRENGTH ASPHALT

11½

9½

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 §§ 152.01 et seq., the subdivider shall construct such street pavement in accordance with the requirements for feeder streets set forth in division (C) of this section. For the purpose of constructing arterial street pavements according to the design characteristics set forth in division (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 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.

Dwelling Units Pavement Residential Street

Per Gross Acre Width Cross-Section

Less than 2 24 feet A

2 to less than 3 28 feet B

3 or more 34 feet C

(BCC Ord. 1977‑38, passed 12‑19‑77) Penalty, see § 10.99

(A) As used in this section, 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 this section 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 USDA 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.

(B) 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 County Board of Health and the 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.

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

§ 152.65 DRAINAGE.

(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 Department of Natural Resources.

(2) Areas subject to flooding with 100-year frequency floods, as determined by the 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) Regulated drain;

(b) Natural stream;

(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 otherwise 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 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 provided in § 152.44.

(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 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 division (E)(1), shall run in favor of the 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 a lot in any subdivision, approved and platted after the effective date of this chapter, believes that the drainage system in such subdivision is not operating properly and is in need of repair, such owner shall file a written petition with the 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 County Drainage Board shall direct the County Surveyor to make an investigation of the requested repair. The County Surveyor shall make such investigation and file a written report therein to the County Drainage Board within ten days from the date upon which he or she receives the order for investigation. The 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.

(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 the surveyor's report, the County Drainage Board shall set a hearing on the petition for repair and the surveyor's report. Notice by ordinary mail shall be 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 publication in the Kokomo Tribune not less than five days prior to the hearing. At the hearing, the County Drainage Board shall make findings on each of the items contained in the surveyor's report.

(6) If the County Drainage Board shall find that the alleged problem with the drainage system is the sole fault of the owner of the lot where the problem is located, the Board shall order that such owner make the repairs necessary to correct such drainage problem within a reasonable time. In the event that such owner refuses or fails to comply with the order within the time specified by the County Drainage Board, the County Drainage Board shall have the right, power and authority to enter upon such real estate to make necessary repairs to the drainage system. If the County Drainage Board completes the repairs under the above provision, the cost thereof shall be paid from the County General Drain Fund, and the owner of the real estate where the repair was made shall be charged the entire cost thereof. If the owner fails to pay such sum into the County General Drain Fund within 30 days from the date of mailing the billings, then the amount of such cost, together with a penalty of 10% of such costs, shall be certified to the County Treasurer by the Secretary of the County Drainage Board, and the amount so certified shall be added to the owner's 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. The Secretary shall also cause a copy of such certification to be recorded in the County Recorder's office.

(7) If the County 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 or her proportionate share of the cost thereof. Upon the receipt by the County 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 such amount billed into the County General Drain Fund within 30 days from date of mailing of the bill. If any such owner fails to pay such bill within 30 days from the date of the mailing thereof, then the amount of such unpaid bill, together with a penalty of 10%, shall be certified to the County Treasurer by the Secretary of the County Drainage Board, and the amount so certified shall be added to such owner's 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. The Secretary shall also cause a copy of such certification to be recorded in the County Recorder's office.

(8) From and after the effective date of this chapter, each plat submitted for approval shall contain a covenant or other statement referring to § 152.65(E)(1) through (7), which covenant or statement shall read substantially as follows: “This subdivision is subject to the provisions of § 152.65(E)(1) through (7), inclusive, of the Howard County Subdivision Control Ordinance, as amended, which provides 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.”

(F) A developer may petition the County Drainage Board to establish a regulated drain for all of the lots in the proposed subdivision without notice being issued as provided under I.C. 36‑9‑27‑57 through 36‑9‑27‑63 upon the condition that, upon information furnished to him or her by the developer, the County Surveyor issues his or her certificate to the County Drainage Board that no property owners other than the developer will be affected by the regulated drain petitioned for.

(G) A developer petitioning for a regulated drain under the provisions of division (F) shall pay all of the costs of such a petition including the attorney fees for bringing such petition and shall waive notice of hearing on the petition other than that served upon his or her attorney. Any such petition for a regulated drain filed under division (F) or this division shall comply in form and content with the provisions contained in I.C. 36‑9‑27‑54.

(BCC Ord. 1977‑38, passed 12‑19‑77; Am. BCC Ord. 1993‑9, passed 3‑22‑93) Penalty, see § 10.99

§ 152.66 SOIL EROSION AND SEDIMENTATION CONTROL.

(A) Because 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. 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.

(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 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.

§ 152.67 CURB AND GUTTER.

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

(B) The curb and gutters shall be of the construction type shown in Appendix B, 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 Appendix B, Figures 1 and 2.

(3) All concrete used in the curb and gutter shall meet the State Highway Specifications for Class A concrete.

(4) Integral or monolithic curb of the same dimensions as shown in Appendix B, Figure 1, may be built on concrete pavement; provided, the pavement widths are maintained as required in this chapter.

(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.

(BCC Ord. 1977‑38, passed 12‑19‑77) Penalty, see § 10.99

§ 152.68 SIDEWALKS.

(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 lot line of each lot in the subdivision.

(B) When sidewalks are required, they shall be constructed of portland cement concrete at least four inches thick and three feet wide, and placed as shown by the illustration “Thoroughfare Standard Cross-Sections” in Appendix B, Figures 3, 4 and 5.

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 pre-construction 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 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 non-adherence to specifications and drawings.

(C) Inspector. The inspectors referred to herein shall be duly qualified inspection officers appointed by the 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 or her findings as to quality and quantity of materials used and quality of methods and workmanship. He or she 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 subsoil, unstable fill material, unconventional or faulty practices of contractors or other circumstances. Whenever, in his or her 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 or she shall immediately notify the Board of County Commissioners. When an improvement has been completed, he or she 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 or her contractors to specifications and working drawings nor for high standards of materials, methods and workmanship.

UNDER AUTHORITY PROVIDED BY I.C. 7-4-700 ET SEQ., ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO, AND AN ORDINANCE ADOPTED BY THE STATE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OH 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

__________________________________
(SEAL) Secretary

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 herein certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance within the plat.

This subdivider 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 structured 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 al persons claiming under them until January 1, 19____ (a 25 year period is suggested) at which time said covenants (or restrictions) shall automatically extended for successive periods of 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 or in part. Invalidation of any one of the forgiving 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

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 plat:

UNDER AUTHORITY PROVIDED BY I.C. 7-4-700 ET SEQ., AND BY 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.

(SEAL) ___________________________________
Signature