This division contains the design standards for site and infrastructure improvements associated with subdivisions, planned developments, and development plan approval. These requirements shall also apply to planned developments associated with subdivision approval. Each section represents the regulations for a specific category. There are two ways to determine which design standards apply to a specific type of petition. They are:
(A) 
Using Chapters. Refer to the chapters in Division IV of this title, Subdivisions, for a specific subdivision type. Applicable design standards for that specific subdivision type are identified by section numbers in the "Additional design standards." Only the sections noted in the "Additional design standards" section apply to that subdivision type.
(B) 
Using Abbreviations. Refer to the project abbreviations used at the top of each design standards section in this division. Each design standard section begins with a section number and introductory sentence followed by abbreviations that stand for subdivision or project type. These project abbreviations note that the design standards written in that section apply to that type of application.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.01)
(A) 
Intent. It is the purpose of this division to establish and define design standards that shall be required by the city for any subdivision of land, development plan approval, and planned development.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.02)
ST
Standard Subdivision
CS
Conservation Subdivision
TD
Traditional Subdivision
TN
Townhouse Subdivision
ZL
Zero Lot Line Subdivision
CD
Commercial District Subdivision
IP
Industrial Park Subdivision
DP
Development Plan
PD
Planned Development
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.03)
This development name standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Proposed Development Name. The applicant shall propose a unique name for the development.
(1) 
Root Name. The proposed root name of the development shall not duplicate, or closely approximate phonetically, the name of any other development within the zoning jurisdiction of the city.
(2) 
Suffix Name. Deviations in suffix names (e.g., "Place," "Woods," or "Glen") shall not constitute a unique name (for example, if Preston Place exists, the name "Preston Woods" shall not be permitted).
(3) 
Large Developments. Unique subareas within a large development or separate developments within close proximity may be authorized to use the same root name by the Plan Commission.
(B) 
Approval Authority. While the development name proposed by the applicant shall be considered, the Plan Commission has authority to approve or deny the proposed name.
(C) 
Renaming Authority.
(1) 
Existing Development Names. Existing development names and development names that have been approved by the Plan Commission shall not be changed without Plan Commission approval.
(2) 
Proposed Development Names. The Plan Commission shall have authority to require a new unique name for a development if the name proposed by the applicant is unacceptable. If an acceptable and unique development name is not proposed by the applicant, the Plan Commission shall rename the development prior to final approval.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.04)
This dedication of public improvement standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Project Applicability.
(1) 
Right-of-Way. Any right-of-way shown on an approved secondary plat (subdivisions), approved final plan (planned developments), or on an approved development plan shall be considered dedicated upon approval of the as-built plans by the Board of Public Works and Safety or the secondary plat by the Plan Commission if an as-built plan is not necessary. In the city's extraterritorial jurisdiction, right-of-way shall be considered dedicated up approval of the as-built plans by the Steuben County Commissioners.
(2) 
Streets and Sidewalks. The intent of the city is to take ownership of streets and sidewalks located within a right-of-way and that have been constructed to meet or exceed the City of Angola's construction standards. In the city's extraterritorial jurisdiction, it is the intent of the county to take ownership of streets and sidewalks located within a right-of-way and that have been constructed to meet or exceed the Steuben County construction standards. However, the city or county may choose not to take ownership of specialty access improvements, including but not limited to alleys, driveway aprons, driving aisles, unusual on-street parking, or eyebrows.
(3) 
Other Facilities. Other infrastructure or facilities may, at the election of the Board of Public Works and Safety, be dedicated to the city. A developer's intentions for dedication of infrastructure and/or public facilities shall be identified up the filing of the primary plat or development plan. These facilities may include drainage facilities, utilities, or other facilities in which the city may have interest.
(B) 
Maintenance Surety. A maintenance surety may be required by the city at the time of dedication. See AMC § 18.156.330, Surety standards.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.05)
This easement standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Cross-Reference.
(1) 
Private Street Easements. For details concerning private street easements, see AMC § 18.156.240, Street and access standards – Private.
(2) 
Temporary Turnaround Easements. For details concerning temporary turnaround easements, see AMC § 18.156.220(C)(6), Temporary Turnarounds.
(3) 
Utility Easements. For details concerning utility easements, see AMC § 18.156.340, Utility standards.
(4) 
Drainage Easements. For details concerning drainage easements, see AMC § 18.156.210, Stormwater standards.
(B) 
Cross-Access Easements.
(1) 
Instrument Specifications. When required by this title, each property owner of record shall execute a cross-access easement instrument in favor of the adjoining property owner. The cross-access easement instrument shall be signed by the owner or an authorized representative of the owner of all associated properties. The following requirements shall be addressed and clarified on the cross-access easement instrument:
(a) 
Identify the development with which the cross-access easement is associated.
(b) 
The cross-access easement shall grant the general public the right to utilize the easement for purpose of accessing adjoining parking lots.
(c) 
The cross-access easement shall prohibit any person from parking vehicles within the easement.
(d) 
The cross-access easement shall prohibit any person, including the property owner, from placing any obstruction within the easement.
(e) 
The cross-access easement shall be binding on all heirs, successors, and assigns to the property on which the cross-access easement is located.
(f) 
The cross-access easement shall be enforceable by the owners of each associated property, the city, and any other specially affected persons identified in the cross-access easement.
(g) 
The cross-access easement shall provide for modification or termination in a manner specified in this title.
(h) 
The cross-access easement shall be cross-referenced to the most recently recorded deeds of the associated properties.
(i) 
The cross-access easement shall include a metes and bounds description of the easement.
(2) 
Cross-Access Easement Certificate.
(a) 
When a secondary plat (subdivision), development plan, or final plan (planned development) is being recorded, the applicant may forego a separate cross-access easement instrument in favor of printing the following cross-access easement certificate on the recordable instrument:
Areas on these plans designated as a Cross-access Easement are established in favor of the adjoining property owner, and grant the public the right to enter the easement for purposes of accessing adjoining lots. These easements prohibit any person from parking vehicles within the easement, and prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the City may enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in this Unified Development Ordinance, or its successor ordinance.
(b) 
The dedication and acceptance of any cross-access easements shown on a recordable instrument shall be accomplished via a certificate of dedication and acceptance signed by the appropriate property owners, or their agents.
(c) 
If the declaration of covenants is included on the recordable instrument, the cross-access easement certificate clearly shall be separate from the declaration of covenants.
(C) 
General Easements.
(1) 
Instrument Specifications. When an easement is required by this title or an easement is required per a commitment or condition of approval, but the standards for the easement type are not specified, the property owner of record shall execute the easement instrument in favor of the appropriate parties (for example, the general public, city, specific abutting property owner, etc.). The easement instrument shall be signed by the property owner of record granting the easement and an authorized representative of the appropriate party accepting the easement. The following requirements shall be addressed and clarified on the easement instrument:
(a) 
Identify the project or development with which the easement is associated.
(b) 
Specify those activities the appropriate parties are authorized to perform in the easement.
(c) 
Specify those activities the property owner of record is prohibited from performing in the easement.
(d) 
Be binding on all heirs, successors, and assigns to the property on which the easement is located.
(e) 
Be enforceable by the property owner of record, any appropriate parties, and the city.
(f) 
Provide for modification in the manner stipulated in this title.
(g) 
Be cross-referenced to the most recently recorded deed to the property on which the easement is to be established.
(h) 
Include a metes and bounds description of the easement.
(2) 
Easement Certificate.
(a) 
When a secondary plat, development plan, or final plan of a planned development is being recorded, the applicant may forego a separate easement instrument in favor of printing an easement certificate, the content of which has been approved by the Plan Commission attorney, on the recordable instrument.
(b) 
The dedication and acceptance of any easements shown on a recordable instrument shall be accomplished via a certificate of dedication and acceptance signed by the appropriate property owners, or their agents.
(c) 
If the declaration of covenants is included on the recordable instrument, the easement certificate clearly shall be separate from the declaration of covenants.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.09; Formerly 18.156.090)
This entryway feature standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Applicability.
(1) 
Residential. Residential developments may establish an entryway feature so long as the entryway feature abides by the standards in this chapter.
(2) 
Nonresidential. Nonresidential developments may establish an entryway feature so long as the entryway feature abides by the standards in this chapter.
(B) 
Location. Entryway features shall be located at vehicular entrances to a development, but shall not be located within any right-of-way without approval from the Board of Public Works and Safety.
(C) 
Quantity and Size. The quantity and size of entryway features shall depend on the number of entrances and classification of the street where the entrance is located.
(1) 
Residential.
(a) 
Residential developments with less than 20 lots or units shall be permitted one entryway feature. The identification portion, or sign face, of the entryway feature shall not exceed 20 square feet in area.
(b) 
Residential developments with 20 or more lots or units shall be permitted one entryway feature. The identification portion, or sign face, of the entryway feature shall not exceed 40 square feet in area.
(c) 
Residential developments with 100 or more lots or units shall be permitted one entryway feature for the primary entrance, and one entryway feature for one secondary entrance. The identification portion, or sign face, of the primary entrance's entryway feature shall not exceed 40 square feet; the identification portion, or sign face, of the secondary entrance's entryway feature shall not exceed 20 square feet.
(2) 
Nonresidential.
(a) 
Nonresidential developments with four or less lots or that do not have private streets shall be permitted one entryway feature. The identification portion, or sign face, of the entryway feature shall not exceed 20 square feet in area.
(b) 
Nonresidential developments with more than four lots and private streets shall be permitted one entryway feature. The identification portion, or sign face, of the entryway feature shall not exceed 40 square feet in area.
(D) 
Landscaping. The identification portion of the entryway feature shall be significantly subordinate to the landscaping.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.06; Formerly 18.156.060)
This erosion control standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Cross-Reference. All proposed subdivisions, planned developments, and development plans shall be in compliance with Chapter 13.15 AMC, Stormwater Management, and Indiana Department of Environmental Management Construction Stormwater Standards.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.07; Formerly 18.156.070)
This floodplain standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Cross-Reference. All proposed subdivisions, planned developments, and development plans shall be in compliance with Chapter 15.20 AMC, Flood Hazard Prevention.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.08; Formerly 18.156.080)
This density and intensity incentive standards section applies to the following types of development: ST, TD, TN, ZL, PD.
(A) 
Incentives for Anti-Monotony Standards.
(1) 
Applicability. Applicants for residential subdivisions or residential planned developments that elect to follow the anti-monotony standards in this section shall be eligible for density and intensity incentives. The density and intensity bonus for following the below standards are listed in Division IV of this title, Subdivisions.
(2) 
Architectural Features. At least 80 percent of all dwelling units in the development shall:
(a) 
Utilize three or more exterior materials on the front façade and two or more exterior materials on each side and rear façades. Exterior materials may include: masonry, brick, natural stone, precast concrete, split-faced block, EIFS, wood, and vinyl.
(b) 
Utilize side-loading or rear-loading garages on at least 60 percent of all dwelling units.
(c) 
Front-loading garages shall not project forward of the main living area of the dwelling unit by more than six feet.
(3) 
Rear Façades. All lots with rear façades that face a perimeter street right-of-way shall have the same exterior window treatments (e.g., shutters and window trim) that are used on the front façade; and at least one of the following features:
(a) 
A rear façade offset at least four feet from the plane of the rear façade and across at least 40 percent of the rear façade.
(b) 
An all-brick chimney that is offset from the plane of the rear façade by at least two feet.
(4) 
Windows. All dwelling units shall have at least one window per floor on each side elevation and two windows per floor on the front and rear elevation.
(5) 
Additional Open Space. The subdivision shall set aside an additional four percent open space than required in Division IV of this title, Subdivisions.
(6) 
Proposed Standards. An applicant may propose alternative anti-monotony design standards that clearly meet or exceed the anti-monotony standards listed above. The proposed standards shall be presented to the Plan Commission in a meeting independent of and prior to the final approval for the proposed development. If approved, the standards shall apply to all lots within the development. The developer shall include at least three sample building elevations to be built within the development showing color drawings of each elevation. These designs shall highlight how the proposed anti-monotony standards will result in a high quality aesthetic and anti-monotony throughout the development. If the Plan Commission denies the proposal, the applicant may then choose to present a new proposal, meet the anti-monotony standards in this section, or not pursue incentives.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.10)
This nonresidential incentive standards section applies to the following types of development: CD, IP, PD.
(A) 
Incentives for Parking Lot Standards.
(1) 
Applicability. Applicants for nonresidential subdivisions or nonresidential planned developments that elect to follow the parking location standards in this section shall be eligible for setback incentives. The setback bonus for following the below standards are listed in Division IV of this title, Subdivisions, and in the table below.
(2) 
Requirements. Any lot within a development shall be eligible for the setback incentive so long as the development complies with the following:
(a) 
All parking spaces are located in the side and rear yards only. No parking space shall be located between any primary structure and adjacent right(s)-of-way.
(b) 
The setback incentive does not compromise or contradict the standards listed in AMC § 18.172.060, Buffer yard planting standards.
(c) 
The setback incentive in this section cannot be combined or in addition to the other setback incentives listed in this section.
Setback incentives if above parking lot standards are met:
Zoning District
District Required Front Yard Setback
Permitted Incentive Front Yard Setback
UV
20'
15'
IS
30'
20'
NC
10'
10'
DC
0'
0'
C1
50'
20'
C2
50'
20'
HC
20'
15'
I1
30'
25'
I2
30'
25'
I3
40'
30'
HI
200'
100'
(B) 
Incentives for Parking Material and Landscape Standards.
(1) 
Applicability. Applicants for nonresidential subdivisions or nonresidential planned developments that elect to follow the parking material and/or landscape standards in this section shall be eligible for density and intensity (lot coverage) incentives. The density and intensity (lot coverage) bonus for following the below standards are listed in Division IV of this title, Subdivisions, and in the table below.
(2) 
Requirements. Any lot within the development shall be eligible for the density and intensity (lot coverage) bonus so long as the development complies with at least one the following:
(a) 
At least 40 percent of all driveway or parking area consists of pervious surface material, such as pervious concrete, asphalt, or brick. This does not include gravel, rock, or stone.
(b) 
All development landscape proposals shall increase parking lot plantings, as listed in AMC § 18.172.030, Lot planting standards, by 10 percent, and increase parking lot plantings, as listed in AMC § 18.172.040, Parking lot planting standards, by 10 percent.
Density and intensity (lot coverage) incentives if above parking material and landscape standards are met:
Zoning District
District Required Lot Coverage
Permitted Incentive Lot Coverage
UV
70%
80%
IS
70%
80%
NC
65%
75%
DC
100%
100%
C1
75%
80%
C2
75%
80%
HC
75%
80%
I1
75%
80%
I2
75%
80%
I3
75%
80%
HI
65%
75%
(C) 
Incentives for Shared Drainage Facility Standards.
(1) 
Applicability. Applicants for nonresidential subdivisions or nonresidential planned developments that elect to follow the shared drainage facility standards in this section shall be eligible for density and intensity (lot coverage) incentives. The density and intensity (lot coverage) bonus for following the below standards are listed in Division IV of this title, Subdivisions, and in the table below.
(2) 
Requirements. Any lot within the development shall be eligible for the density and intensity (lot coverage) bonus so long as the development complies with all of the following:
(a) 
At time of initial review of the proposed development (i.e., primary plat or planned development – establishment plan), an engineered report and drainage plans shall be submitted calculating the drainage of the proposed development. The report shall confirm a designated common area(s) or drainage facility(ies) shall be adequate to accommodate drainage for the entire development assuming every lot is built out at maximum permitted lot coverage. The report shall be reviewed and accepted by the City Engineer and Steuben County Drainage Board.
(b) 
All development landscape proposals shall increase perimeter landscaping, as listed in AMC § 18.156.190, Perimeter landscaping standards, to 15 trees and shrubs per 100 lineal feet, as opposed to 10 per 100 lineal feet.
Density and intensity (lot coverage) incentives if above shared drainage facility standards are met:
Zoning District
District Required Lot Coverage
Permitted Incentive Lot Coverage
UV
70%
80%
IS
70%
80%
NC
65%
75%
DC
100%
100%
C1
75%
80%
C2
75%
80%
HC
75%
80%
I1
75%
80%
I2
75%
80%
I3
75%
80%
HI
65%
75%
(D) 
Incentives for Anti-Monotony Standards.
(1) 
Applicability. Applicants for IP subdivisions or industrial-based planned developments that elect to follow the anti-monotony standards in this section shall be eligible for setback incentives. The setback bonus for following the below standards are listed in Division IV of this title, Subdivisions.
(2) 
Requirements. Any lot within a development shall be eligible for the setback incentive so long as the development complies with the following:
(a) 
All development proposals shall comply with the commercial architectural standards are listed in AMC § 18.160.060, Architectural standards – Commercial.
(b) 
The setback incentive does not compromise or contradict the standards listed in AMC § 18.172.060, Buffer yard planting standards.
(c) 
The setback incentive in this section cannot be combined or in addition to the other setback incentives listed in this section.
Setback incentives if the above anti-monotony standards are met:
Zoning District
District Required Setbacks
Permitted Incentive Setbacks
I1
Front: 30'
Front: 25'
Side: 15'
Side: 15'
Rear: 15'
Rear: 15'
I2
Front: 30'
Front: 25'
Side: 20'
Side: 15'
Rear: 20'
Rear: 15'
I3
Front: 40'
Front: 30'
Side: 20'
Side: 15'
Rear: 20'
Rear: 15'
HI
Front: 200'
Front: 100'
Side: 200'
Side: 100'
Rear: 200'
Rear: 100'
(E) 
Proposed Standards. An applicant may propose alternative design standards that clearly meet or exceed the standards listed above. The proposed standards shall be presented to the Plan Commission in a meeting independent of and prior to the final approval for the proposed development. If approved, the standards shall apply to all lots within the development. The developer shall include at least three sample lot proposals or character sketches to be built within the development demonstrating how each incentive will be executed. These designs should clearly represent the proposed standards through site layout plans or architectural drawings.
(Ord. 1746-2023)
This lot establishment standards section applies to the following types of development: ST, CS, TD, TN, ZL, DP, PD.
(A) 
Project Applicability. The shape, location, and orientation of lots within a residential subdivision, residential planned development, or residential development plan shall be appropriate for the uses proposed and be consistent with the intent of the subdivision as indicated in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. Lot sizes shall also be consistent with those indicated for the appropriate zoning district in Division II of this title, Zoning Districts.
(B) 
Lot Design. Lots shall meet the following conditions:
(1) 
Interior Street Frontage. Residential lots shall be laid out to front interior streets, which may include frontage streets. Residential lots shall not front onto perimeter streets.
(2) 
Side Lot Lines. Residential lots shall have side lot lines that are within 15 degrees of a right angle to the street the lot fronts.
(3) 
Corner Lots. Residential corner lots smaller than 20,000 square feet shall be 25 percent larger than the minimum lot area. This shall include lots at the corner of a development entrance and a perimeter street.
(4) 
Through Lots. Through lots are discouraged, and shall only be permitted if the lot does not establish access to both frontages.
(5) 
Special Lots. Residential lots abutting a watercourse, drainage way, channel, or stream shall be 25 percent larger than the minimum lot area. This space shall be allocated on the side of the lot that abuts the water feature as a no-build zone.
(6) 
Property Line Corners. At intersections of streets, property line corners shall be rounded by arcs of at least 15 feet in radius or by chords of such arcs.
(7) 
Pond Lots. Finished grade of residential lots abutting a pond or wet retention basin shall be such that the lot is usable without additional fill.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.11; Formerly 18.156.110)
This lot establishment standards section applies to the following types of development: CD, IP, DP, PD.
(A) 
Project Applicability. The shape, location, and orientation of lots within a nonresidential subdivision, nonresidential planned development, or nonresidential development plan shall be appropriate for the uses proposed and be consistent with the intent of the subdivision as indicated in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. Lot sizes shall also be consistent with those indicated for the appropriate zoning district in Division II of this title, Zoning Districts.
(B) 
Lot Design. Lots shall meet the following conditions.
(1) 
Interior Street Frontage. Nonresidential lots shall be laid out to front interior streets, which may include frontage streets. Individual lots shall only be laid out to have access onto perimeter streets if expressly permitted by the Plan Commission and City Engineer.
(2) 
Side Lot Lines. Nonresidential lots shall have side lot lines that are within 15 degrees of a right angle to the street the lot fronts, and side lot lines shall extend in a straight line from the street for at least 20 percent of the property's depth.
(3) 
Corner Lots. Nonresidential corner lots shall be 15 percent larger than the minimum lot area indicated for the zoning district. If there is a maximum lot area, that maximum shall also be increased by 15 percent.
(4) 
Special Lots. Nonresidential lots abutting a watercourse, drainage way, channel, or stream shall be 25 percent larger than the minimum lot area indicated for the zoning district. This space shall be allocated on the side of the property that abuts the water feature as a no-build zone.
(5) 
Cohesive Design. Nonresidential developments (e.g., shopping centers, commercial areas, and office parks) shall be designed holistically as a single project no matter how many lots are generated. Cross-access easements to allow access between parking lots shall be included where appropriate. See AMC § 18.156.060, Easement standards, for details on cross-access easements.
(6) 
Sensitivity to Context. Nonresidential developments shall be laid out to be sensitive to neighboring residential developments, if built, or residential zoning districts if undeveloped.
(7) 
Property Line Corners. At intersections of streets, property line corners shall be rounded by arcs of at least 15 feet in radius or by chords of such arcs.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.12; Formerly 18.156.120)
This mixed use development standards section applies to the following types of development: CD, DP, PD.
(A) 
Project Applicability. Any development that incorporates a mix of uses, either as a commercial subdivision (CD), a development plan, or a planned development shall meet the standards in this section. A mix of uses may be proposed within the same building and/or on the same parent tract.
(B) 
Commercial Subdivision.
(1) 
Rezoning to Most Appropriate Zoning District. Upon approval of the primary plat approval, the Plan Commission shall initiate the rezoning of each unique district within the development (e.g., single-family, townhouses, apartments, commercial center, or park) to the most appropriate zoning district for each subarea of the development to fulfill the applicant's intention and forward a recommendation for zoning map amendment to the Common Council. The applicant may make a recommendation for those zoning districts, but the Plan Commission shall make the final determination. The applicant shall bear the cost of a single zoning map amendment even if the development will be rezoned into more than one new classification.
(C) 
Development Plan.
(1) 
Minimizing On-Site Conflicts. Mixed uses shall be arranged on the site to minimize conflicts between other uses on site or off site.
(D) 
Planned Development.
(1) 
Minimizing On-Site Conflicts. Mixed uses shall be arranged on the site to minimize conflicts between other uses on site or off site.
(2) 
Buffering Adjacent Properties. Any land use within the development that borders a differing land use outside the development shall be reviewed to determine if a buffer yard is necessary. If a buffer yard is required, the planned development shall install the buffer yard to specifications in AMC § 18.172.060, Buffer yard planting standards.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.13; Formerly 18.156.130)
This monument and marker standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Installation of Monuments and Markers. All monument and marker improvements shall be installed per 865 IAC 1-12-18 and the City of Angola's construction standards.
(B) 
Centerline Monuments. Monuments conforming to 865 IAC 1-12-18 shall be set on street center lines at the beginning and end of curves and at the intersection of center lines. When it is not practical to set a centerline monument in accordance with 865 IAC 1-12-18, a centerline monument conforming to 865 IAC 1-12-18 shall be set.
(C) 
Reporting. Upon completion of the development, as-built drawings shall be submitted showing where monuments and markers were placed. This shall be accompanied by an affidavit by the surveyor certifying that the monuments and markers are still accurately in place, and were not removed, moved, or buried such that they do not accurately denote surveyed lines or cannot be easily located.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.14; Formerly 18.156.140)
This open space standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Applicability.
(1) 
Standard, Traditional, Townhouse, and Zero Lot Line Subdivisions. The minimum open space requirements indicated on the two-page layouts in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments shall apply to residential subdivisions that include a new public right-of-way and/or 10 or more lots.
(2) 
Commercial and Industrial Subdivisions. The minimum open space requirements indicated on the two-page layouts in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned development shall apply to nonresidential subdivisions that include a new public right-of-way and/or five or more lots.
(3) 
Conservation Subdivisions. The minimum open space requirements indicated on the two-page layouts in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments shall apply to all conservation subdivisions.
(4) 
Partial Exemptions. The minimum open space requirements indicated on the two-page layouts in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments may be reduced by 50 percent if the proposed development provides connectivity to an existing trail, park, or recreational facility. The Plan Commission shall consider and approve such requests.
(B) 
Ownership. Open space areas shall retain private ownership whether that be a single landowner or an owners' association.
(C) 
Qualifying Areas: The following features count toward the minimum open space requirements:
(1) 
Conservation Areas. Any required preservation or conservation area.
(2) 
Manmade Water Features. Any manmade water feature, including a retention facility, if it supports aquatic life and provides native habitat that meets the following conditions:
(a) 
A surface area at normal pool elevation of at least 32,670 square feet (three-quarters of an acre); and
(b) 
A buffer area around the perimeter of the water feature that is at least 25 feet in width that is open space. The buffer area shall be planted and maintained as wildlife habitat.
(3) 
Manmade Dry Detention Facilities. Any manmade stormwater dry detention facility that meets the following conditions:
(a) 
At least 10,890 square feet (one-quarter acre) of flat bottom area.
(b) 
Depth of the detention facility shall not exceed four feet from top of bank.
(c) 
Slopes within the detention facility shall not exceed a 4:1 ratio.
(d) 
A buffer area around the perimeter of the facility that is at least 25 feet from the top of bank that is open space. The buffer area (and facility) shall be planted and maintained as usable area. This includes use of prairie grasses, native species, native ground cover, or lawn grass. Tree planting shall not be within the basin area or on the slopes of the bank.
(4) 
Regulated Floodplain. The regulated floodplain of any stream, regulated drain, or river.
(5) 
Required Perimeter Landscaping. Fifty percent of the perimeter landscaping areas required in AMC § 18.156.190, Perimeter landscaping standards.
(6) 
Other. Other common areas set aside to meet open space requirements.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.15; Formerly 18.156.150)
This owners' association standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Project Applicability. Any subdivision or development with common area, private streets, shared parking, amenity centers, shared or private utilities, community retention pond, and the like shall meet the owners' association standards.
(B) 
Establishment of Owners' Association.
(1) 
Perpetuity. An owners' association shall be created in perpetuity to make decisions about and to maintain all common property and/or common facilities.
(2) 
Organization. An owners' association shall be a legally incorporated entity or shall be created by other legal mechanisms which provides shared ownership or shared responsibility of common property and/or common facilities. A board of directors or other means for representation in decision making shall be established.
(3) 
Recording of Legal Mechanism. The legal mechanism binding all property owners or vested parties shall be recorded in the office of the Steuben County Recorder, and shall be cross-referenced to each applicable lot or property.
(4) 
Declaration of Covenants. The owners' association shall be responsible for the administration of any covenants utilized to further restrict improvements and uses in the development. The declaration of covenants shall be recorded in the office of the Steuben County Recorder following secondary plat approval (subdivisions) or final development plan approval (planned developments or development plans) and prior to selling or transferring a lot or unit.
(5) 
Commitments or Conditions of Approval. Any covenant language that resulted as a commitment or condition of approval shall be included in the covenants or other legal document, and shall be clearly denoted as nonamendable by the owners' association.
(6) 
Association Fee. An association fee or other financial mechanism shall be included in the legal mechanism and be equal to the financial needs of the owners' association to maintain common property and/or common facilities, and to accumulate a reserve account for long-term large expenditures, emergencies, and contingencies.
(C) 
Contractual Obligations. Prior to the transition from the developer being responsible for common property and/or common facilities to the owners' association being responsible for common property and/or common facilities, the developer shall not enter into any contractual obligation on behalf of the owners' association that exceeds one year. Once the owners' association is responsible, the renewal of such a contract shall be at the discretion of the owners' association.
(D) 
Required Language. The following language shall be required in the legal mechanism establishing the owners' association:
(1) 
Street Lighting. When street lighting is installed, the city shall not, now or in the future, be obligated to accept the lights as public property. The city shall bear no financial responsibility for operation or maintenance costs associated with street lighting. The owners' association shall bear the cost of operation and maintenance. In the event the owners' association fails to maintain street lighting, the city may make the improvements and assess each property for the project cost plus administration costs.
(2) 
Retention Pond and Drainage Systems. When a retention pond and/or other drainage systems are required or installed, the city shall not, now or in the future, be obligated to accept them as public infrastructure or to maintain those facilities. The owners' association shall bear the cost of such maintenance. In the event the owners' association fails to maintain the retention pond and/or other drainage facilities, the city may make the improvements and assess each property for the project cost plus administration costs.
(3) 
Private Streets. When private streets are installed, the city shall not, now or in the future, be obligated to accept private streets as public property. The city shall bear no financial responsibility for maintenance or replacement costs associated with private streets. The owners' association shall bear the cost of maintenance and replacement. In the event the owners' association fails to maintain private streets, the city may make the improvements and assess each property for the project cost plus administration costs.
(4) 
Sidewalks or Sidepaths. When sidewalks or sidepaths are installed outside of a right-of-way, the city shall not, now or in the future, be obligated to accept the sidewalks or sidepaths as public property. The city shall bear no financial responsibility for maintenance or replacement costs. The owners' association shall bear the cost of maintenance and replacement. In the event the owners' association fails to maintain the sidewalks or sidepaths, the city may make the improvements and assess each property for the project cost plus administration costs.
(5) 
Landscaping. When landscaping is installed in common areas or easements, the owners' association shall be responsible for maintaining the plant material in healthy condition, removal of dead or diseased vegetation, and/or replacement of landscaping, as necessary.
(6) 
Right-of-Way. Once rights-of-way are platted, the city obtains ownership of the area within the right-of-way and retains the right to reasonably remove any tree or shrub impeding necessary work to be performed by the city and/or all public utilities, or other properly authorized users, regardless if the owners' association is assigned financial, maintenance, or replacement responsibility. However, city action shall not result in an unnecessary or unfair financial burden to the owners' association.
(7) 
Improvements Within Easements. Improvements, such as sheds, fences, retaining walls, extensive landscaping, and the like, shall not be permitted within a recorded easement.
(E) 
Transition From Developer to Owners. The developer shall begin transitioning to the responsibility for the owners' association to the lot owners when 60 percent of the lots are developed. Responsibility shall be shared between the developer and the lot owners until 90 percent of the lots are developed. Once 90 percent of the lots are developed, the owners' association responsibility shall fall to the lot owners.
(F) 
Enforcement. Failure of the owners' association to maintain an effective legal mechanism or failure of the developer and/or owners' association to fulfill its responsibilities within that legal mechanism shall be deemed a violation of this title and may be subject to Chapter 18.196 AMC, Enforcement and Penalties.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.16; Formerly 18.156.160)
This pedestrian network standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Applicability. Developments shall integrate an interior and exterior pedestrian network comprised of concrete sidewalks and/or asphalt sidepaths for pedestrian transportation and recreation. This network shall consist of sidewalks along street frontages and sidepaths between developments and public destinations (e.g., schools, parks, hospitals), nearby trails, other developments, and undeveloped properties.
(1) 
Required. Details about when and where sidewalks are required shall be as indicated in the chapter for each subdivision type in Division IV of this title, Subdivisions, as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments, or as indicated in AMC § 18.160.350, Public improvement standards, for development plans. If not indicated, the Zoning Administrator shall determine the appropriate sidewalk or sidepath requirements.
(a) 
Location. To the extent possible, sidewalks or sidepaths shall be located one foot inside the right-of-way to be dedicated to the city. If utility poles, trees, or other features complicate installation, then the sidewalk or sidepath may extend into common areas or private property if a pedestrian easement is created and executed. In case of a private street or access street, the sidewalk shall be within the designated ingress/egress easement.
(b) 
Sidewalks shall be spaced away from the curb to create a tree plot and to provide pedestrian separation from vehicles. The minimum tree plot width shall be as indicated in the chapter for each subdivision type in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments.
(2) 
Width. The minimum sidewalk or sidepath width shall be as indicated in the chapter for each subdivision type in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If not indicated, the Zoning Administrator shall determine the appropriate sidewalk or sidepath width.
(B) 
Cross-Reference. Sidewalks and sidepath improvements shall be constructed to meet or exceed the City of Angola's construction standards.
(C) 
Pedestrian Easement. A pedestrian easement shall be required if a sidewalk or sidepath extends into a common area or private property. There is no minimum width requirement for a pedestrian easement; the pedestrian easement can be for whatever portion of the sidewalk or sidepath is common area or on private property. A pedestrian easement shall be binding on all heirs, successors, and assigns to the property on which the easement is to be established; and be signed by an authorized representative of the property owner of record granting the easement and by an authorized representative of the grantee accepting the easement.
(D) 
Up-Sizing. Up-sizing pedestrian infrastructure may be considered by the city and the developer depending on future development of adjacent parcels. Agreements concerning up-sizing utility infrastructure shall be in accordance with appropriate Indiana Statutes and executed prior to the installation of the pedestrian infrastructure.
(E) 
Delayed Installation. Should the Plan Commission determine sidewalks or sidepaths may be delayed in regards to planned right-of-way construction, lack of connection to adjacent properties, or another reason, the following provisions shall be made at time of the initial proposal:
(1) 
The Plan Commission and property owner of record shall enter into a recorded commitment (i.e., Memorandum of Understanding, Plan Commission commitment) that shall be binding to all heirs, successors, and assigns to the property, which clarifies when sidewalks or sidepaths shall be installed based on agreements between the Plan Commission and developer.
(2) 
Any and all necessary rights-of-way dedication or pedestrian easement dedication shall be made at time of the initial proposal.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.17; Formerly 18.156.170)
This perimeter landscaping standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Applicability. Perimeter landscaping shall be installed as indicated in the minimum perimeter landscaping standards in the chapter for each subdivision type in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If not indicated, the Zoning Administrator shall determine the appropriate perimeter landscaping requirements for the development.
(B) 
Ownership. Perimeter landscaping areas shall retain private ownership whether that be a single landowner or an owners' association.
(C) 
Landscaping Design.
(1) 
Size. Perimeter landscape areas shall extend the entire length of the frontage.
(2) 
Plantings. Trees and shrubs shall be provided at a combined rate of 10 per 100 lineal feet of perimeter planting. Plantings should be 50 percent evergreen, and grouping of the plantings is encouraged to imitate natural vegetation.
(3) 
Fencing or Mounding. Fencing and/or mounding may be integrated with the required plantings if the following conditions are met:
(a) 
Perimeter fences shall be high quality; constructed of masonry, stone, wood, or metal; and be at least 36 inches in height, but not over 72 inches in height. Perimeter fencing shall be compliant with location standards in AMC § 18.160.520, Vision clearance standards.
(b) 
Mounds may be combined with plantings and fencing. If used, mounds shall be a minimum of three feet in height with a side slope not to exceed a 3:1 ratio. Continuous mounds shall not be permitted (i.e., levee-like mounds).
(D) 
Qualifying as Required Open Space. Fifty percent of the perimeter landscaping areas may count towards open space required in AMC § 18.156.160, Open space standards.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.18; Formerly 18.156.180)
This prerequisite standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Applicability. If any of the prerequisites do not appear for a particular type of subdivision (in Division IV of this title, Subdivisions) or for a planned development (in Chapter 18.124 AMC, Planned Development (PD) District), then that prerequisite does not exist for that particular subdivision type or planned development.
(1) 
Base Zoning. The base zoning of the parent tract for a subdivision shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, prior to consideration of the subdivision by the Plan Commission. If a parent tract is in multiple zoning districts, each of those zoning districts must be listed. Likewise, the base zoning of a property proposed for a planned development shall be as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments prior to consideration of the planned development by the Plan Commission.
(2) 
Minimum Parent Tract. The minimum parent tract area shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments.
(3) 
Maximum Parent Tract. The maximum parent tract area shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments.
(4) 
Special Qualifications. All special qualifications indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments shall be met prior to consideration of the subdivision or planned development by the Plan Commission.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.19; Formerly 18.156.190)
This stormwater standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Applicability. Subdivisions, planned developments, and development plans shall provide for the collection and management of all storm and surface water drainage.
(B) 
Cross-Reference.
(1) 
City Standards. Developments within the zoning jurisdiction of the city shall meet or exceed the City of Angola's stormwater management ordinance, Chapter 13.15 AMC, Stormwater Management.
(2) 
County Standards. Developments within the city's extraterritorial jurisdiction and all developments accessing a county legal drain shall meet or exceed the standards of Steuben County per the Steuben County Surveyor's Office.
(3) 
Construction Standards. Drainage facilities shall be constructed to meet or exceed the City of Angola's construction standards.
(C) 
As-Built Drawings and Maintenance Surety. As-built drawings of all drainage facilities associated with a development and a maintenance surety in accordance with AMC § 18.156.330, Surety standards, shall be submitted to the Zoning Administrator and City Engineer prior to the acceptance of any drainage facility intended to be dedicated to the city.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.20; Formerly 18.156.200)
This street and access standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
General. All developments shall provide adequate access to the existing street network and allocate adequate areas for new streets that are consistent with the Angola Comprehensive Plan.
(B) 
Cross-Reference. All street improvements, private or public, shall be designed, constructed, and installed to meet or exceed the City of Angola's construction standards. This includes cul-de-sacs, passing blisters, acceleration lanes, and deceleration lanes.
(C) 
Design Principles. Streets shall create conditions favorable to health, safety, convenience, and the harmonious development of the community; shall give consideration to connectivity to adjacent parcels; and shall provide access to the city's existing street network. All public streets and associated rights-of-way and all private streets and associated easements shall meet the following design criteria:
(1) 
Applicability.
(a) 
Block Length. The maximum block length shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If not indicated, the Zoning Administrator shall determine the appropriate maximum block length.
(b) 
Cul-de-Sac Length. The minimum cul-de-sac length and maximum cul-de-sac length shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If not indicated, cul-de-sacs shall not be permitted in that type of development.
(c) 
Right-of-Way. The minimum right-of-way on local streets shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If not indicated, the Zoning Administrator shall utilize the Angola Comprehensive Plan to determine an appropriate width.
(d) 
Street Width. The minimum street width shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If a minimum street width is not indicated, the Zoning Administrator shall utilize the Angola Comprehensive Plan to determine the appropriate street width. Street width shall be determined by measuring from back of curb to back of curb or, when curb does not exist, from edge of pavement to edge of pavement.
(e) 
Curb. Curb requirements shall be as indicated in the chapter for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If curb requirements are not indicated, the Zoning Administrator shall determine which type of curb is required, if any.
(f) 
On-Street Parking. On-street parking shall be as indicated in the chapters for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If on-street parking requirements are not indicated, the Zoning Administrator shall determine appropriate on-street parking requirements for the development.
On-street parking shall meet the following criteria when it is included in a development:
(i) 
On-street parking installed on arterial streets shall be striped to indicate each parking space.
(ii) 
On-street parking spaces shall be at least 30 feet from an intersection unless the City Engineer determines a greater distance is necessary.
(iii) 
When on-street parking is utilized at street intersections, bumpouts may be required. Bumpouts shall utilize six-inch vertical curb and be at least eight feet wide.
(g) 
Tree Plots. Tree plots shall be provided to meet or exceed the minimum tree plot width as indicated in the chapters for each type of subdivision in Division IV of this title, Subdivisions, or as indicated in Chapter 18.124 AMC, Planned Development (PD) District, for planned developments. If a minimum tree plot width is not indicated, the Zoning Administrator shall determine appropriate minimum tree plot width for the development.
(2) 
Prohibited Street Designs.
(a) 
Permanent dead end streets shall not be permitted. Cul-de-sacs and stub streets are not considered dead end streets.
(b) 
Eyebrow streets shall not be permitted.
(3) 
Grades. Streets shall be adjusted to the contour of the land to produce reasonable grades and produce usable lots.
(4) 
Connectivity. All developments shall provide stub streets to connect to adjacent properties that meet the following criteria:
(a) 
Where the development abuts land that has established stub streets, built or platted, the applicant shall design the street system to connect to those stub streets.
(b) 
Where the development abuts undeveloped land, stub streets may be proposed by the applicant. Generally, each side of the development that does not border a public street shall have at least one stub street. In large developments, additional stub streets may be necessary to provide adequate connectivity to adjacent properties, but in conservation developments, stub streets may not be necessary. Ultimately, the final number and location of stub streets shall be recommended by the Zoning Administrator and the City Engineer, with the Plan Commission making the final determination.
(c) 
Regard shall be given to the Angola Comprehensive Plan.
(5) 
Stub Streets. Stub streets shall be constructed when other streets are built within the development.
(6) 
Temporary Turnarounds. A temporary turnaround shall be established for each stub street, and a temporary turnaround easement shall provide for the turnaround.
(a) 
Temporary Turnaround Easements. When a temporary turnaround is required, the applicant shall execute a temporary turnaround easement instrument in favor of the general public via a "temporary turnaround easement certificate" by including the following information on the plan or plat that is to be recorded:
(i) 
Legal description describing the temporary turnaround easement boundaries.
(ii) 
Identify the development with which the temporary turnaround easement is associated.
(iii) 
The temporary turnaround easement shall grant the general public the right to access the easement for purpose of maneuvering vehicles.
(iv) 
The temporary turnaround easement shall grant the city the right to alter, repair, maintain, or remove the improvements.
(v) 
The temporary turnaround easement shall prohibit any person from parking vehicles within the easement.
(vi) 
The temporary turnaround easement shall prohibit any person, including the property owner, from placing any obstruction within the easement.
(vii) 
The temporary turnaround easement shall be binding on all heirs, successors, and assigns to the property on which the temporary turnaround easement is located.
(viii) 
The temporary turnaround easement shall be enforceable by the Common Council, the City Engineer, the Plan Commission, the Zoning Administrator, the City Attorney.
(ix) 
The temporary turnaround easement shall automatically terminate upon the city's acceptance of a connecting street. Otherwise, the temporary turnaround easement shall only be modified or terminated in a manner specified in this title.
(b) 
When a temporary turnaround easement instrument is used, it shall cross-reference the most recently recorded deed to the property on which the temporary turnaround easement is to be established, include a metes and bounds description of the temporary turnaround easement, and be signed by the property owner of record granting the temporary turnaround easement and by authorized representatives of the Common Council accepting the easement.
(c) 
When the temporary turnaround easement certificate on the plan or plat to be recorded is used, the dedication and acceptance of the easement shall be outlined in a certificate of dedication on the plan or plat. The plan or plat shall then be signed by the property owner of record and the appropriate representatives of the Plan Commission.
(7) 
Gated Entrances. Developments may have gated entrances, but shall have apparatus installed such that emergency vehicles (i.e., fire, police and ambulance) can quickly and easily gain access to the development. Further, the gates shall be sized to allow the largest fire truck in service in the city to easily turn into the development.
(8) 
Boulevard Entrances. Developments may have a boulevard entrance, but the boulevard entrance shall extend at least 50 feet from the perimeter street's right-of-way. The width of the center planting strip shall be at least 10 feet. Boulevard entrances shall be privately maintained by the owners' association.
(9) 
Intersections.
(a) 
All intersections of two streets shall be within 15 degrees of right angles to each other as measured at the street center lines.
(b) 
Intersections of more than two streets at one point shall not be permitted.
(c) 
Wherever possible, new local streets shall be aligned with existing local streets. Local street intersections with centerline offsets of less than 125 feet shall not be permitted.
(D) 
Naming and Addressing Principles. All streets, public and private, shall meet the following street name criteria:
(1) 
Proposed Street Name. The applicant shall propose a unique name for each street within the development at the time of initial application. The proposed street names shall meet the following criteria:
(a) 
Extensions. Streets which are extensions, continuations, or in alignment with any existing street, platted right-of-way, or recorded access easement shall bear the name of the existing street.
(b) 
Root Name. The root street name (e.g., "Maple") shall not duplicate or be phonetically similar to any existing street name.
(c) 
Suffix Name. Deviations in suffix names (e.g., "Street," "Court," or "Avenue") shall not constitute a unique name (for example, if Maple Street existed, the name "Maple Court" would not be permissible).
(d) 
Large Developments. Streets within a large development or separate developments within close proximity may be authorized to use the same root name by the Plan Commission.
(2) 
Proposed Address Numbers. Street address numbers for all lots that are consistent with the city's existing address scheme shall be drafted by the Zoning Administrator.
(3) 
Approval Authority. While street names and address numbers proposed by the applicant shall be considered, the Plan Commission has authority to approve or deny any proposed street name or address number.
(4) 
Renaming Authority.
(a) 
Existing Street Names and Address Numbers. Existing street names and address numbers that have been approved by the Plan Commission shall not be changed without Plan Commission approval.
(b) 
Proposed Street Names and Address Numbers. The Plan Commission shall have authority to require a new unique name for any street if the name proposed by the applicant is unacceptable. If an acceptable and unique street name is not proposed by the applicant, the Plan Commission shall rename the street prior to final approval.
(E) 
Additional Rights-of-Way Required. When developments abut or include existing streets that do not meet the minimum right-of-way widths established in the Angola Comprehensive Plan, the applicant shall dedicate additional width along either one or both sides of such streets sufficient to meet the requirements of the Angola Comprehensive Plan. If the applicant only controls property on one side of the street, sufficient right-of-way shall be dedicated to bring the half right-of-way up to the width required in the Angola Comprehensive Plan.
(1) 
Off-Site Street Improvements. When a development requires off-site street improvements, such as a passing blister, acceleration lane, or deceleration lane, and inadequate right-of-way exists to install the off-site street improvement, the applicant shall make a good faith effort to acquire property sufficient for the installation of the off-site improvement. If the owner of the property on which the off-site improvement is to be installed refuses to sell the property to the applicant, the applicant shall provide the Zoning Administrator with copies of all surveys; appraisals; written offers made by the applicant; and correspondence from the property owner.
(2) 
Eminent Domain. When the installation of off-site street improvements is required, it is because those off-site street improvements are vital to the health, safety, and welfare of the motoring public. As a result, the city may begin eminent domain proceedings in accordance with IC 32-24, Eminent Domain, for the acquisition of public right-of-way sufficient for the installation of the off-site street improvement upon receipt of the aforementioned documentation illustrating the applicant's failure to acquire the needed property. Upon completion of the eminent domain proceedings, the applicant shall reimburse the city in an amount equal to the cost of the land, cost for any condemnation on that land, and the cost to relocate or remove any features.
(3) 
Installation of Improvements. The applicant shall then install the off-site street improvement to meet or exceed the City of Angola's construction standards.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.21; Formerly 18.156.210)
This street and access standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Project Applicability. Access streets shall be permitted for developments that have two or more lots or a multiple tenant building. The intent of the street is to remain private and for the city or county to never assume responsibility or maintenance of the street. Public utilities shall not be permitted within the access street easement, or ingress/egress easement.
(B) 
Required Language. When an access street easement, or ingress/egress easement, appears on a plat, the following language shall be included on the plat:
The developer of this real estate covenants and warrant on behalf of itself and all future owners of lots within this subdivisions or development that because the streets are private, all maintenance, repairs, and replacement, now and forever, shall be undertaken at the expense of the lot owners (or unit owners) in accordance with the terms and conditions set forth in the owners' association by-law and articles. No governmental entity has any duty or responsibility to maintain, repair, or replace any access street.
(C) 
Location. Access streets shall be located within an access street easement, or ingress/egress easement, rather than right-of-way. All access streets shall meet the provisions in this section.
(1) 
Access Street Easement Instrument Specifications. The applicant shall execute an access street easement, or ingress/egress easement, instrument in favor of the future lot owners or unit owners to which the access street provides access. The following requirements shall be addressed and clarified on the access easement, or ingress/egress easement, instrument:
(a) 
Identify the development with which the access street easement, or ingress/egress easement, is associated.
(b) 
Grant future lot or unit owners and their users the right to access the easement for purposes of accessing their lot or unit.
(c) 
Specify the financial responsibilities of the future lot or unit owners with respect to the repair, maintenance, and removal of the improvements.
(d) 
Prohibit future lot or unit owners or any other person from placing any obstruction within the easement.
(e) 
Require that the access street be built to the construction standards described in subsection (D) of this section.
(f) 
Be binding on all heirs, successors, and assigns to the property on which the easement is located.
(g) 
Be enforceable by the future lot or unit owners, the city, the county, and any other specially affected persons entitled to enforce the easement.
(h) 
Provide for modification or termination in the manner stipulated in this title.
(i) 
Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.
(j) 
Include a metes and bounds description of the easement.
(k) 
Be signed by each property owner granting the easement and by an authorized representative of future lot or unit owners accepting the easement.
(2) 
Access Street Easement Certificate.
(a) 
When a plan (e.g., secondary plat, development plan, etc.) is being recorded, the applicant may forego a separate easement instrument in favor of printing the following access street easement certificate on the recordable instrument:
Areas shown on this plan that are designated as an "Access Street Easement" (ASE) shall be established in favor of the adjoining property owners and their users that are hereby granted the right to enter the easement for purposes of accessing their lot. The easement prohibits the property owners or any other person from placing any obstruction within the easement. The easements are binding on all heirs, successors, and assigns to the property on which they are located. The adjoining property owners or the city may enforce the provisions of the easement. The easement shall only modified or vacated in the manner stipulated in this Unified Development Ordinance.
(b) 
The dedication and acceptance of the access street easement shown on a recordable instrument shall be accomplished via a certificate of dedication and acceptance signed by the property owner of record granting the easement, and a certificate of acceptance signed by an authorized representative of the future lot owners or unit owners.
(c) 
If a declaration of covenants is included on the recordable instrument, the access street easement shall be clearly separate from the declaration of covenants.
(D) 
Design. The access street shall be constructed to the following standards:
(1) 
Material. The access street shall be constructed with hard surface material (i.e., concrete or asphalt) to standards sufficient to withhold the anticipated traffic.
(2) 
Street. Access streets shall accommodate two-way traffic. Each travel lane shall be at least 10 feet in width.
(3) 
Sidewalk or Sidepath. Sidewalks or sidepaths at least five feet in width shall be included on at least one side of the access street and shall be integrated into the overall pedestrian network.
(4) 
The Zoning Administrator, City Engineer, or Plan Commission may impose additional construction standards if a need arises.
(Ord. 1746-2023)
This street and access standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Project Applicability. Private streets shall be permitted, but shall meet or exceed the standards for public streets established within this title and the construction standards for public streets within the City of Angola's construction standards.
(B) 
Required Language. When a private street easement appears on a plat, the following language shall be printed on the plat:
The developer of this real estate covenants and warrants on behalf of itself and all future owners of lots within this subdivision or development that because the streets are private, all maintenance, repairs, and replacement, now and forever, shall be undertaken at the expense of the lot owners (or unit owners) in accordance with the terms and conditions set forth in the owners' association by-law and articles. No governmental entity has any duty or responsibility to maintain, repair, or replace any private street.
(C) 
Location. Private streets shall be located within private street easements, rather than rights-of-way. All private street easements shall meet or exceed all the standards for rights-of-way established within this title, the Angola Comprehensive Plan, and the City of Angola's construction standards.
(1) 
Private Street Easement Instrument Specifications. The applicant shall execute a private street easement instrument in favor of the future lot owners or unit owners to which the private street provides access. The following requirements shall be addressed and clarified on the private street easement instrument:
(a) 
Identify the development with which the private street easement is associated.
(b) 
Grant future lot or unit owners and their users the right to access the easement for purposes of accessing their lot or unit.
(c) 
Specify the financial responsibilities of the future lot or unit owners with respect to the alteration, repair, maintenance, and removal of the improvements.
(d) 
Prohibit future lot or unit owners or any other person from placing any obstruction within the easement.
(e) 
Require that the private street be built to the City of Angola's construction standards.
(f) 
Be binding on all heirs, successors, and assigns to the property on which the easement is located.
(g) 
Be enforceable by the future lot or unit owners, the city, and any other specially affected persons entitled to enforce the easement.
(h) 
Provide for modification or termination in the manner stipulated in this title.
(i) 
Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.
(j) 
Include a metes and bounds description of the easement.
(k) 
Be signed by each property owner granting the easement and by an authorized representative of future lot or unit owners accepting the easement.
(2) 
Private Street Easement Certificate.
(a) 
When a plan (e.g., secondary plat, development plan, etc.) is being recorded, the applicant may forego a separate easement instrument in favor of printing the following private street easement certificate on the recordable instrument:
Areas shown on this plan that are designated as a "Private Street Easement" (PSE) shall be established in favor of the adjoining property owners and their users that are hereby granted the right to enter the easement for purposes of accessing their lot. The easement prohibits the property owners or any other person from placing any obstruction within the easement. The easements are binding on all heirs, successors, and assigns to the property on which they are located. The adjoining property owners or the city may enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in this Unified Development Ordinance.
(b) 
The dedication and acceptance of private street easements shown on a recordable instrument shall be accomplished via a certificate of dedication and acceptance signed by the property owner of record granting the easement, and a certificate of acceptance signed by an authorized representative of the future lot owners or unit owners.
(c) 
If a declaration of covenants is included on the recordable instrument, the private street easement certificate shall be clearly separate from the declaration of covenants.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.22; Formerly 18.156.220)
This street and access standards section applies to the following types of development: TD, TN.
(A) 
General. Alleys shall be integrated into the overall design of traditional residential and townhouse neighborhoods because they provide essential access throughout the compact form of development.
(1) 
Single-Family Residential. Alleys shall be required to provide access to at least 75 percent of all lots intended for single-family dwelling units to accommodate rear-loading garages.
(2) 
Multiple-Family Residential. Alleys shall be required to provide access to at least 50 percent of multiple-family lots within a development.
(B) 
Design Principles.
(1) 
Associated Right-of-Way or Easement. Alleys shall be located in a right-of-way or easement that is at least 16 feet in width.
(2) 
Pavement Width. Alleys shall have pavement that is at least 12 feet in width.
(3) 
Curb. Alleys shall not be required to have curb except when the alley is within a right-of-way or private street easement where the associated street is required to have curb. In cases where an alley and curbed street intersect, the minimum curb radius shall be eight feet.
(4) 
Intersections. Alley intersections with streets shall not exceed 20 degrees from perpendicular to said streets.
(C) 
Construction Standards. Alleys, public or private, shall be constructed to meet or exceed the City of Angola's construction standards.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.23; Formerly 18.156.230)
This street and access standards section applies to the following types of development: ST, ZL, DP, PD.
(A) 
General. In order to better allow diversity in standard and zero lot line subdivision developments, alleys may be used to provide access to all lots intended for single-family dwelling units to accommodate side-loading garages, rear-loading garages, or detached garages.
(B) 
Design Principles.
(1) 
Associated Right-of-Way or Easement. Alleys shall be located in a right-of-way or easement that is at least 16 feet in width.
(2) 
Pavement Width. Alleys shall have pavement that is at least 12 feet in width.
(3) 
Curb. Alleys shall not be required to have curb except when the alley is within a right-of-way or private street easement where the associated street is required to have curb. In cases where an alley and curbed street intersect, the minimum curb radius shall be eight feet.
(4) 
Intersections. Alley intersections with streets shall not exceed 20 degrees from perpendicular to said streets.
(C) 
Construction Standards. Alleys, public or private, shall be constructed to meet or exceed the City of Angola's construction standards.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.24; Formerly 18.156.240)
This street and access standards section applies to the following types of development: ST, CS, TD, TN, ZL, DP, PD.
(A) 
Quantity. Vehicular access for the development shall be provided as follows:
(1) 
Small Developments. A subdivision, development plan, and planned development with less than 50 lots, or with less than 50 dwelling units, shall have at least one street access onto an appropriate perimeter street.
(2) 
Mid-Size Developments. A subdivision, development plan, and planned development with 50 lots or more, or with 50 or more dwelling units, but less than 200 lots or dwelling units, shall have at least two street accesses onto appropriate perimeter streets. The two street accesses shall be off of a different perimeter street than the other, or if that is not possible they shall be at least 1,200 feet from one another. One of the required street accesses may include connecting to an existing development's stub street.
(3) 
Large Developments. A subdivision, development plan, and planned development with 200 lots or more, or with 200 or more dwelling units, shall have at least three street accesses onto appropriate perimeter streets. The three street accesses shall each be off of a different perimeter street than the other, or, if that is not possible they shall be at least 1,200 feet from one another. Also, one of the required street accesses may include connecting to an existing development's stub street.
(B) 
Specialty Access.
(1) 
Frontage Streets. Any development that includes a single-family detached dwelling unit fronting an arterial street may provide a frontage street at the Zoning Administrator's and City Engineer's discretion, unless the single-family detached dwelling unit is the only property within 400 feet that obtains access from the same arterial. The Zoning Administrator and City Engineer shall have discretion in requiring frontage streets in other circumstances to ensure a safe and efficient future transportation network. Frontage streets shall meet the following conditions:
(a) 
Design.
(i) 
Frontage streets shall generally run parallel to the arterial street to which they access and shall be separated a minimum of 30 feet (edge of pavement to edge of pavement) from the arterial street to which they are parallel.
(ii) 
Frontage streets shall accommodate two-way traffic.
(iii) 
Right-of-way or private street easement for a frontage street shall be at least 40 feet in width.
(iv) 
Pavement width for a frontage street shall be 24 feet when parking is not permitted, or 28 feet when parking is permitted on one side.
(v) 
Sidewalks shall be required on each side of a frontage street that has residential lots which derive their access from the frontage street.
(b) 
Points of Ingress/Egress. A frontage street that is less than 300 feet in length or serves five or less properties shall have one ingress/egress. All other frontage streets shall be permitted up to two ingress/egress points onto streets within the proposed development.
(c) 
Separation. Each ingress/egress shall be at least 150 feet from any intersection and any other ingress/egress on the same or opposite side of the street. Ingress/egress points that align across the street do not require separation.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.25; Formerly 18.156.250)
This access streets standards section applies to the following types of development: CD, IP, DP, PD.
(A) 
Quantity. An applicant shall propose the minimal quantity of ingress/egress points to provide safe, efficient, and adequate access for the various types of vehicular traffic that will access the development. The Plan Commission shall make the final determination.
(B) 
Specialty Access.
(1) 
Access Streets and Rear Access Streets. Any nonresidential development that has two or more lots or a multiple tenant building may utilize an access street, compliant with AMC § 18.156.230, Street and access standards – Access street, or a private street, compliant with AMC § 18.156.240, Street and access standards – Private.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.26; Formerly 18.156.260)
This street and access (signs) standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
General. All streets, public or private, shall have signs necessary to provide a safe environment for drivers and pedestrians and provide information for located streets, addresses, or development amenities.
(B) 
Cross-Reference. The city's policies and the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways (current version adopted by the Indiana Department of Transportation) shall be used to determine the type, size, height, and location of each of these signs.
(C) 
Public Safety Signs. The applicant shall coordinate with the City Engineer for developments within city limits or the Steuben County Highway Engineer for developments within the extraterritorial jurisdiction. The City Engineer or County Highway Engineer shall make the final determination regarding the final location and height of each sign. All public safety related street signs shall be installed prior to any street being open to the public.
(D) 
Street Name Signs. The applicant shall coordinate with the City Engineer or County Highway Engineer. One street name sign shall be required for each intersection within the development and on all perimeter intersections. The City Engineer or County Highway Engineer shall make the final determination regarding the final location and height of each sign. All street name signs shall be installed prior to any street being open to the public.
(E) 
Wayfinding System Signs. The applicant may propose a wayfinding system of signs.
(1) 
Purpose. Wayfinding system signs shall be used to direct vehicular and pedestrian traffic to specific destinations.
(2) 
Appearance. Wayfinding systems shall be required to have signs of consistent size, scale , and appearance.
(3) 
Location.
(a) 
Wayfinding system signs shall not be located within the vision clearance triangle as defined in AMC § 18.160.520, Vision clearance standards.
(b) 
Wayfinding system signs may be located within rights-of-way with written authorization from the City Street Commissioner for developments within the city limits or County Highway Engineer for developments within the extraterritorial jurisdiction. However, the city Street Department or County Highway Department shall not be responsible for the maintenance or replacement of any wayfinding system signs.
(4) 
Review and Approval. Proposals for wayfinding systems shall be reviewed and approved at the discretion of the Zoning Administrator and City Street Commissioner, for projects within city limits, or County Highway Engineer, for projects within the extraterritorial jurisdiction. The Zoning Administrator and City Street Commissioner or County Highway Engineer may take into account the need for the wayfinding system, the size and complexity of the development, quantity and location of signs, number of entrances and exits and the appearance of signs.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.27; Formerly 18.156.270)
This street lighting standards section applies to the following types of development: ST, CD, CS, ZL, DP, PD.
(A) 
Project Applicability. Street lights shall be installed at all intersections, entrances, and along internal streets within residential developments whether approved as a subdivision, development plan, or planned development.
(B) 
Ownership. Street lights and all associated fixtures shall remain private property and be the responsibility of the developer during development and the owners' association after development. The city shall not be responsible for any operation or maintenance costs associated with street lighting.
(C) 
Street Light System Design. The proposed street light system shall meet the following conditions:
(1) 
Glare. Street lights shall be shielded to prevent glare on neighboring properties.
(2) 
Continuity. Street lights shall be a consistent style throughout the entire development.
(3) 
Height. Street lights shall not exceed 18 feet in height.
(4) 
Style. All street lights shall be ornamental and complementary in style to the buildings.
(5) 
Intersections. One or more street lights shall be installed at all intersections, including entrances, and shall provide the minimum amount of light necessary for vehicular and pedestrian safety at those intersections.
(6) 
Between Intersections. Street lights shall be installed between intersections at intervals no greater than every 300 feet on one side of the street. This lighting shall be provided by the builder and maintained by the owner in perpetuity.
(7) 
Energy Conservation. Street lights shall be turned on by a photo cell that detects darkness, preventing the lights from being turned on too early or staying on too long.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.28; Formerly 18.156.280)
This street lighting standards section applies to the following type of development: TD, TN, DP, PD.
(A) 
Project Applicability. Street lights shall be installed in traditional subdivisions, townhouse subdivisions, townhouse development plans, and planned developments that utilize traditional neighborhood design or townhouse designs at all intersections, development entrances, and along internal streets.
(B) 
Ownership. Street lights and all associated fixtures shall remain private property and be the responsibility of the developer during development and the owners' association after development. The city shall not be responsible for any operation or maintenance costs associated with street lighting.
(C) 
Street Light System Design. The street lights shall meet the following conditions:
(1) 
Glare. Street lights shall be shielded to prevent glare on residential properties.
(2) 
Continuity. Street lights shall be a consistent style throughout the entire development.
(3) 
Height. Street lights in residential areas shall not exceed 18 feet in height.
(4) 
Style. All street lights shall be ornamental and complementary in style to the buildings.
(5) 
Intersections. One or more street lights shall be installed at all intersections, including entrances, and shall provide the minimum amount of light necessary for vehicular and pedestrian safety.
(6) 
Between Intersections. Street lights shall be installed between intersections at intervals no greater than every 300 feet on one side of the street and shall provide uniform lighting of the street.
(7) 
Energy Conservation. Street lights shall be turned on by a photo cell that detects darkness, preventing the lights from being turned on too early or staying on too long.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.29; Formerly 18.156.290)
This street lighting standards section applies to the following type of development: CD, IP, DP, PD.
(A) 
Project Applicability. Street lights shall be installed at all intersections, entrances, and along internal streets within nonresidential developments whether approved as a subdivision, development plan, or planned development.
(B) 
Ownership. Street lights and all associated fixtures shall remain private property and be the responsibility of the developer during development and the owners' association after development. The city shall not be responsible for any operation or maintenance costs associated with street lighting.
(C) 
Street Light System Design. The proposed street light system shall meet the following conditions:
(1) 
Glare. Street lights shall be shielded to prevent glare on neighboring properties.
(2) 
Continuity. Street lights shall be a consistent style throughout the entire development.
(3) 
Height. Street lights shall not exceed 25 feet in height.
(4) 
Intersections. One or more street lights shall be installed at all intersections, including entrances, and shall provide the minimum amount of light necessary for vehicular and pedestrian safety at those intersections.
(5) 
Between Intersections. Street lights shall be installed between intersections at intervals no greater than every 300 feet on one side of the street. This lighting shall be provided by the builder and maintained by the owner in perpetuity.
(6) 
Location. Street lights shall be located within the right-of-way, private street easement, or access street easement.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.30; Formerly 18.156.300)
This surety standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Construction and Performance Surety. All applicants shall provide a performance surety to the city for any street, sidewalk, path, utility, drainage facility, or any other facility that is intended to be dedicated to the city, but will not be completed prior to final approval of the development. All such facilities, any off-site improvements committed to by the applicant, and any off-site improvements required as a condition of approval shall be included in the performance surety.
(1) 
Timing. The performance surety shall be accepted by the Board of Public Works and Safety prior to final approval of the development by the Plan Commission and/or prior to issuance of building permits. The Plan Commission may grant conditional approval prior to the performance surety being accepted, but building permits shall not be issued until the performance surety is approved.
(2) 
Requirements. The surety shall:
(a) 
Be in an amount equal to 125 percent of an engineer's estimated cost for the project if submitted at the beginning of the project. Should performance surety be sought while the project is under construction but not yet complete, the surety shall be in an amount equal to 125 percent of an engineer's estimated cost for the remaining construction of the project.
(b) 
Run to and be in favor of the city if the improvement is within city limits or ultimately accepted by the city. An additional surety shall run to and be in favor of the county if the improvement is within the extraterritorial jurisdiction or ultimately accepted by the county.
(c) 
Specify the date that the improvements are required to be completed by, both on and off site.
(d) 
Be submitted in a form approved or provided by the Board of Public Works and Safety (e.g., bond or letter of credit).
(3) 
Phasing of Development. In the event a development is intended to be built out in phases, either of the following options may be approved by the Board of Public Works and Safety.
(a) 
The applicant shall propose a phase plan to the Board of Public Works and Safety prior to final approval by the Plan Commission. If the proposal is accepted, the applicant shall provide a performance surety for the first phase of the development and shall sign a binding agreement with the Board of Public Works and Safety stating that the applicant shall maintain ownership of all lots or land outside of each phase that has been approved for development. Absolutely no lot or property shall be sold or committed in phases of the development that have not been approved for commencement and that are not subject to a performance surety. Additionally, the applicant shall sign a contract with the Board of Public Works and Safety stating that it will support and not interfere with the vacation of plat, vacation of right-of-way, and/or reversion of approval granted to the applicant for any phases of the development yet to be authorized in the event that the applicant defaults on any authorized phase of the project requiring the Board of Public Works and Safety to claim the surety for its completion. Once default has occurred, at the request of the Board of Public Works and Safety or at the discretion of the Plan Commission, the Plan Commission may vacate the plat, vacate the right-of-way, and/or revert any approval granted to the applicant for phases left undeveloped in order to protect the City of Angola from having to pay for improvements to any phases that were left without a performance surety.
(4) 
Duration of Surety. All performance sureties shall be effective from the Plan Commission's approval date of the secondary plat or the development plan and shall not terminate until:
(a) 
As-built drawings have been stamped by an engineer and submitted to the City Engineer;
(b) 
The final construction has been inspected and certified by the City Engineer;
(c) 
The infrastructure has been recognized as being completed by the Board of Public Works and Safety;
(d) 
The infrastructure has been formally dedicated to the city and or county; and
(e) 
A maintenance surety has been approved and accepted by the Board of Public Works and Safety.
(B) 
Maintenance Surety. Maintenance surety shall be required as part of approval and acceptance of as-built plans and infrastructure. The developer shall provide a maintenance surety to the city for any improvement that will be dedicated to and accepted by the city.
(1) 
Requirements. The maintenance surety shall:
(a) 
Be for 20 percent of the total cost to complete the improvements. The costs shall be documented on a form provided by the City Engineer.
(b) 
Be a type satisfactory to the Board of Public Works and Safety (e.g., bond or letter of credit).
(c) 
Run to and be in favor of the city if the improvement is within city limits or ultimately accepted by the city. An additional surety shall run to and be in favor of the county if the improvement is within the extraterritorial jurisdiction or ultimately accepted by the county.
(d) 
Specify that it shall expire after four years from the date the improvement was approved and dedicated. However, the Board of Public Works and Safety may reduce the duration of the maintenance surety by up to two years if cause, evidence, or risk assessment shows that a four-year duration is not necessary.
(e) 
Be submitted in a form approved or provided by the Board of Public Works and Safety.
(f) 
Warrant the workmanship and all materials used in the construction, installation, and completion of said improvements and that the installations are of good quality and have been constructed and completed in a workmanlike manner in accordance with standards, specifications and requirements of this title and the City of Angola's construction standards.
(g) 
Include a certification from the developer that all improvements and installations for the development required for compliance with this title or the City of Angola's construction standards have been made or installed in accordance with the approved plans and specifications.
(2) 
Release of Surety. The maintenance surety shall be released upon its expiration date without formal action by the city, unless a claim has been filed against the maintenance surety prior to the expiration date. Once all claims have been settled, the maintenance surety shall be released by the city.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.31; Formerly 18.156.310)
This utility standards section applies to the following types of development: ST, CS, TD, TN, ZL, CD, IP, DP, PD.
(A) 
Project Applicability.
(1) 
Sanitary Sewer. Sanitary sewer utility infrastructure shall be provided by the developer of subdivisions, developments subject to development plan review, and planned developments. The sanitary sewer collection system to each lot and/or primary structure and the connection to the city's sanitary sewer utility shall be required.
(2) 
Water. Water utility infrastructure shall be provided by the developer for subdivisions, developments subject to development plan review, and planned developments. The water supply system to each lot and/or primary structure, and the connection to the City of Angola municipal water system shall be required. In addition to a potable water distribution system, fire hydrants for fire protection shall also be provided. The following exceptions apply to subdivisions, developments subject to development plan review, and planned development:
(a) 
A private well may be permitted within the city's extraterritorial jurisdiction (i.e., outside the city limits) if:
(i) 
The nearest accessible water line is over 300 feet from the edge of the new development, and
(ii) 
The cost of connecting to the water system is three times the cost of the installation of all private wells necessary to provide water to all lots, primary structures and future phases of the project, and
(iii) 
The private well is approved by the Steuben County Health Department.
(3) 
Wells Inside the City Limits. A well for any purpose shall not be permitted inside the Angola city limits.
(B) 
Location. Sanitary sewer utility infrastructure and water utility infrastructure shall be located in a right-of-way or within an area designated as a utility easement (or a utility and drainage easement). The location of proposed utilities and any utility easements shall be approved by the City Engineer and the appropriate utility department prior to the final approval of any plan and prior to any installation.
(C) 
Construction.
(1) 
City Standards. All utility improvements and utility infrastructure intended to be dedicated to and accepted by the city shall be designed and installed to meet or exceed the City of Angola's construction standards and each component (hydrants, valves, etc.) shall be approved by the city.
(2) 
Sanitary Sewer Standards. Service and connections to the City of Angola municipal sanitary sewer systems shall comply with Chapter 13.10 AMC, Sewer, and any other city standards applicable to the sanitary sewer systems and connections.
(3) 
Water System Construction Standards. Service and connections to the City of Angola municipal water utility shall comply with Chapter 13.05 AMC, Water, and any other city standards applicable to water utility systems and connections.
(4) 
State Approval. The Indiana Department of Environmental Management shall approve plans for the water and sanitary sewer utility infrastructure after primary plat approval, but prior to any installation or secondary plat approval.
(5) 
Coordination. The applicant shall be responsible for coordinating the installation of the utilities. Conflicts with prior constructed utilities and damage to them shall be repaired before allowing any work to continue.
(D) 
Up-Sizing. Up-sizing sanitary sewer utility infrastructure and/or water utility infrastructure shall be considered by the city and the applicant depending on future development of adjacent parcels. Agreements concerning up-sizing utility infrastructure shall be in accordance with appropriate Indiana statutes and executed prior to the start of installation of the utility infrastructure.
(Ord. 1746-2023; Ord. 1286-2008; UDO § 7.32; Formerly 18.156.320)