HomeMy WebLinkAbout2010-OR-19BEFORE THE
CITY OF JEFFERSONVILLE COMMON COUNCIL
ORDINANCE NO. 2010 - OR - ~ °I
AN ORDINANCE AMENDING THE SUBDIVISION CONTROL
ORDINANCE (#95-OR-28) FOR JEFFERSONVILLE, INDIANA
WHEREAS, the City of Jeffersonville, Indiana, adopted Ehe City's Subdivision Control
Regulations by Ordinance 96-OR-28 on or about June 4, 1996; and
WHEREAS, the City's Planning and Development staff has reviewed the regulations and
determined that it would be in the City's best interest for the regulations to define the difference
between minor subdivisions and major subdivisions and to make other amendments to the
subdivision control regulations; and
WHEREAS, the City's Plan Commission has reviewed the regulations and determined
that it would be in the City's best interest for the regulations to define the difference between
minor subdivisions and major subdivisions and to make other amendments to the subdivision
control regulations; and
WHEREAS, City's Plan Commission conducted a special meeting and held a public
heating in accordance with Indiana Code held on Match 30, 2010, received public comment, and
determined that it is in the best interests of the City and in the interest of the public welfare for
the subdivision control regulations to be amended and has, therefore, recommended to the
Common Council that the subdivision contt•ol regulations and Ordinance 96-OR-28 be amended
in the manner set forth herein; and
WHEREAS, the Common Council for the City of Jeffersonville has reviewed such
recommendations, and believes such recommendations should be followed;
NOW, THEREFORE, BE IT ORDAINED by the Common Council for the City of
Jeffersonville, Indiana, as follows:
1. AMENDMENTS TQ Th[E SUBDIVISION CONTROL ORDINANCE. The
Subdivision Control Regulations as adapted by Ordinance 9b-OR-28 on June 4, 1996, shall be,
and are hereby, amended as follows:
New Provisions Being Added to the Subdivision Control Ordinance.
(A) The following definitions shall be added to Section 155.13 of Ordinance 96-OR-
28:
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SUBDIVISION, MAJOR A subdivision of a parcel of land into more
than two {2} residential, commercial or industrial lots or any size subdivision
requiring any new street.
SUBDIVISION, MINOR The subdivision of a parent tract into any
combination of not more than two (2) contiguous or non-contiguous new
residential, commercial, or industrial building sites, or the reconfiguration of
existing lots that create new building sites, and which does not involve the
construction or extension of public or private streets, or under the standards set
fo~•th in the City's Subdivision Regulations and/or Subdivision Control Ordinance,
does not involve substantial improvement or realignment of any existing publicly
maintained street or road. To qualify as a minor subdivision, the proposal must
meet all of the conditions set forth in this ordinance for minor subdivisions.
(B) The following provisions shall be added as new provisions of the subdivision
control regulations as Section 155.14 to Ordinance 96-OR-28:
SECTION 155.14 MINOR SUBDIVISIONS
155.14 MINOR SUBDIVISIONS
Those subdivisions meeting the definition of "SUBDIVISION, MINOR", contained in
this ordinance shall be considered under the provisions of this section. Re-subdivisions
meeting the conditions of eligibility contained herein shalt also be considered under these
provisions. After a subdivision request has been tiled, the planning director shall
determine whether the petition may be considered as a minor subdivision. . A minor
subdivision that does not involve the opening of a new public way and that complies in
all other respects with this ordinance and the zoning ordinance may be granted
preliminary plat approval by the planning director without public notice and hearing,
subject to appeal to the plan commission. The planning director's decision not to treat an
application as a minor subdivision may be appealed to the Plan Commission
A. Conditions of Eligibility -Before determining that a subdivision is
eligible to be considered as a minor subdivision, the planning director shall find
that all of the following criteria are satisfied:
1. Orderly Development -the subdivision will not impede orderly
development of land or the provision of public services and
improvements.
2. Comprehensive Plan -- The subdivision will be consistent with the
Comprehensive Plan.
3. Streets -The subdivision will not interfere with the provision of streets
to provide access to adjoining or nearby property in the event that such
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property is developed in the future. The subdivision shall not be eligible
for minor subdivision status if it requires or involves the construction of a
new street or extension of an existing street.
~. Public Street Right Of Way Dedication -all parcels of the minor
subdivision shall dedicate to public use the minimum right of way width
along the abutting public street.
5. Utilities and Drainage -All parcels in the subdivision will have
adequate utilities and drainage and will not necessitate the extension of
municipal facilities or the creation of any public improvements.
6. Lot Limitations -The minor subdivision may not contain more than
two (2) lots.
7. Sewage -All lots shall be served by a sanitary sewer system or other
on-site sewage system approved by the Indiana Department of Health,
and/or the Clark County Health Department.
8. Water -All lots shall be seitied 6y a public or quasi-public water
system.
9. Drainage -All lots shall be provided with drainage improvements as
necessary to comply with the requirements of this ordinance's design
standards, the City's drainage requirements and Jeffersonville Drainage
Board.
10. Driveway Permit - If any lot in a subdivision is to receive access
from a State highway, the applicant must obtain a driveway permit from
the Indiana Department of Transportation. Likewise, if any lot in a
subdivision is to receive access from a city street or road, the applicant
must obtain a driveway permit from the appropriate City department.
11. Limited Access Streets -Frontage on limited access streets on which
driveways cannot open shall not constitute legal access.
12. Topography/Special Conditions/New Street - If by reason of
topography, natural or man-made features, or other conditions relating to
the property requested for subdivision, better access can be provided
through construction of a new street, the petition shall not be eligible for
treatment as a minor subdivision and shall be considered to be a major
subdivision.
13. Driveway Standards -All lots will have driveway locations that will
provide for adequate sight distance and will be properly spaced according
to city and transportation safety standards. All driveways which serve a
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house in a minor subdivision shall be at least twelve (12} feet wide to
allow access to fire trucks and fire-fighting equipment. Shared driveways
may be permitted; however, the applicant requesting approval of the minor
subdivision shall provide the planning director with a copy of a written
access and maintenance agreement as to who will be responsible for
maintaining the driveway in the proper width.
14. Suitability -All lots in the subdivision will provide suitable building
sites for the purpose for which the land is to be used. Land suitability
shall be determined by the criteria contained in this ordinance, and the
zoning classifications of the City's zoning ordinance.
15. Fire Hydrants - A minor subdivision may not be approved unless
each new parcel is located within 750 feet of a lire hydrant so long as the
existing waterline is sufficient to support the installation and proper
operation of a fire hydrant.
16. Public Health, Safety and General Welfare -the subdivision will
not be detrimental to nor endanger the public health, safety, or general
welfare.
B. Plat Approval - If a minor subdivision has been given preliminary plat
approval by the planning director, it shall be submitted to the Plan Commission for final
plat approval. Minor subdivision plats shall be signed by the officials} of the Plan
Commission as authorized by the Plan Commission.
C. Application Fee -The Plan Commission may include on its schedule of
administrative fees a fee for minor subdivision applications, however, the minor
subdivision application fee shall be not less than Twenty-Five Dollars ($25}.
D. Expiration of Approval -Approval for a minor subdivision shall be valid for
one year from the date of final plat approval. If the minor subdivision teal plat is not
recorded before the expiration of one (1) year, the approval shall be null and void.
Existing Provisions Being Changed
{C) The language of the application fee provisions stated in Section 1 S 5.22 (C)(1) shall
be, and is hereby, repealed and replaced with the following language:
1. All applications or requests for approvals by the Plan Commission are subject
to administrative fees. The Plan Commission shall establish a schedule of
administrative fees, which can be amended from time to time by the Plan
Commission. The fee for minor subdivision final plats shall not be less than
Twenty-Five Dollars ($25) and the fee for major subdivision preliminary plats
shall not be less than Two Hundred Dollars ($200) plus Five Dollars ($5) for each
lot in the proposed subdivision and the fee for major subdivision final plats shall
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not be less than Fifty Dollars ($50}.
(D) The language of the notice provisions stated in Section 155.22 (C)(2} shall be, and is
hereby, repealed and replaced with the following language:
2. Public notice shall be given in accordance with IC 5-3-1-2 and IC 5-3-1-4 and
due notice to interested parties shall be given at least ten (10) days before the date
set for the hearing. The party pursuing the request shall be required to assume
costs of public notice and notice to interested parties. Interested parties shall
include, but are not limited to, all properties adjacent within two (2) properties
deed of the subject lot boundaries within the planning jurisdiction and only
directly adjacent properties if outside the planning jurisdiction. In addition, notice
shall be posted by the applicant in a conspicuous place on the subject property at
least ten (10) days prior to the date of the hearing. Notice signs will be provided
and posted by the City of Jeffersonville.
2. REMAINING PORTIONS OF ORDINANCE UNCHANGED. Except as otherwise
provided herein, all other provisions of the Subdivision Control Regulations and Ordinance 46-
OR-28 which are not in conflict herewith shall remain in full force and effect.
3. EFFECTIVE DATE OF ORDINANCE AMENDMENTS. These amendments to the
subdivision control ordinance shall become effective immediately from and after the adoption of
this ordinance.
Voted Against:
PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Clark
County, Indiana, upon this 1'1 ~ day of _, 2010.
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VntPr~ fnr•
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ATTEST:
PEGG LDER, Clerk-Treasurer
City of Jeffersonville
PRES~NTED by me to the Mayor of the City of Jeffersonville, Clark County, Indiana,
upon this I~ day of , 2010.
PEG ILDER, Clerk-Treasurer
City of Jeffersonville
SIGNED AND APPROVED by me upon this ay of , 2010.
`t
HOMAS GALLIGAN, a or
City of Jeffersonville
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