process and development standards

PROPERTY DEVELOPMENT PROCESS AND STANDARDS

6200 East Highway 62, Suite 600 Jeffersonville, IN. 47130

Phone) (812) 285-8979

Conveniently located in the heart of the Midwest, River Ridge Commerce Center has space for your next commercial or industrial project.

River Ridge Commerce Center

Clark County in Southern Indiana is located on the north shore of the Ohio River directly across from the City of Louisville. As part of the Louisville Metropolitan Statistical Area (MSA), our central location is accented by our:

• Three major interstate highways (I-65, I-64 and I-71) • Easily accessible Louisville International Airport, home of the UPS World Hub • Major railroad providers and port facilities on the Ohio River • Lifestyles and amenities • Proximity to large automotive and appliance manufacturers • Quality workforce that can help companies prosper and grow


Phone) (812) 285-8979

For the ease of perspective developers, the River Ridge Development Authority (RRDA) has developed this document that outlines the steps, processes and entities involved with development within River Ridge Commerce Center (RRCC) property. This document is intended as a guide for typical developments, but as all projects are different in scope, it may not cover every aspect of a particular development scenario. There are three submittals required by RRDA: Development Plan Review, a copy of the project Construction Drawings and As-built Drawings. See Appendix A for Development Plan Requirements and Appendix B for As-Built Drawing Requirements.

THE PROCESS

RRDA reserves the right to modify the process as required in order to accommodate unique developments or circumstances. RRDA will also make every effort to expedite the approval processes for aggressive project schedules.

1. Step one for all Developers is to schedule a pre-design conference with RRDA staff to discuss project design parameters (see Appendix C for contact information). Upon written staff and/or RRDA board approval of the project concept and design parameters, potential sites within the Center shall be selected for Developer consideration.

2. After a site has been identified, step two is to coordinate with the various utility companies within the Center to discuss load demands, rates and required routings (see Appendix C for utility contact information). Subsequent meetings may also be held with the appropriate agencies to discuss potential project incentives. A signed Property Purchase Agreement along with a recordable plat will be required at this time.

3. Step three, the Developer, working with RRDA staff, begins to formulate site and building plans based upon current RRCC and City of Jeffersonville Development Standards (see Appendix D for current RRCC Development Standards). A “Development Plan” (see Appendix A) is generated and submitted to the RRDA Board of Review. Board decisions are rendered during the monthly meetings typically held on the 3rd Monday of the month (see Appendix F for the Board Meeting Schedule). Applicants should have their drawing package to RRDA no later than 1 week prior to a normally scheduled Board meeting date in order to be placed on the docket. Typical RRCC review time is approximately 30 days (see Appendix E for more information on the Board Review process). A Zoning review is also required by the City of Jeffersonville that typically takes about 14-21 days. The RRCC review and City of Jeffersonville Zoning Review can occur concurrently but approval is required by RRDA prior to City of Jeffersonville Zoning approval.


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4. A copy of the project construction drawings (with professional seals) shall be submitted to RRDA staff. Storm water drawings should also be submitted to the City of Jeffersonville for what is typically a 45 day review process.

5. After completion of all RRCC and City of Jeffersonville approvals a building permit package submittal is made directly to the State of Indiana (see Appendix C for contact information). The State will issue a “Design Release” which will allow the City of Jeffersonville to issue a building permit. Typical State building permit review time is 10 days from date of submittal.

6. Prior to the commencement of construction activities the Property Purchase Agreement Closing Documents shall be completed and signed by RRDA and the Developer unless otherwise agreed to in writing.

Exceptions or other additional reviews may add 30 days to the process. Initial approval is required by RRDA prior to submittal to the City of Jeffersonville for review. Rejected plans by any agency will also add time to the process. All approvals are contingent upon an accurate submittal of materials and a favorable review.


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Appendix Index

Appendix A Development Plan Review Requirements

Appendix B As-Built Drawing Requirements

Appendix C Primary Contacts

Appendix D RRCC Development Standards

Appendix E Board Review

Appendix F RRDA 2013 Board Meeting Schedule

Appendix G RRCC Project Application


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Appendix A Development Plan Review Requirements

Applicant

RRCC

_____ _____ 1. Three (3) copies of the plans drawn to a scale not exceed 1”=50’ on minimum 24” x 36” prints and a digital copy of plans on disc.

_____ _____ 2. A completed RRCC Project Application (see Exhibit G) along with this checklist.

_____ _____ 3. Drawings must meet City of Jeffersonville and State of Indiana guidelines and specifications for construction document submittals in addition to those required by RRDA.

_____ _____ 4. A site plan of the parcel showing the dimensioned layout of buildings, pedestrian and vehicular circulation, parking areas (with numbers of spaces and calculations), loading areas, trash collection, setback lines, north arrow, date and building square footage.

_____ _____ 5. A site utility plan for all above and below ground utilities including but not limited to water, gas, electric, communications, storm sewer, sanitary sewer, etc. Data shall include utility depths, invert elevations, rim elevations, structures, line sizes and material types.

_____ _____ 6. A grading and drainage plan with 1’ contour intervals, invert elevations,

rim elevations, structures, line sizes, material types, drainage calculations. _____ _____ 7. Landscape plan with plant types, sizes, quantities, details and methods. _____ _____ 8. Reference survey of property with dimensioned property lines, datum,

existing surface features (including topography) stamped and signed by a licensed surveyor.

_____ _____ 9. Site details pertaining to site construction. _____ _____ 10. Building elevations of each façade showing colors, material types,

structure, dimensions and building height. _____ _____ 11. All plans shall be clearly noted, labeled and dimensioned to efficiently

convey the proposed development. _____ _____ 12. All plans shall be prepared by professionals licensed to practice in the

state of Indiana.


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Appendix B As-Built Drawing Requirements

Applicant

RRDA

_____ _____ 1. Site layout for all surface improvements including but not limited to buildings, parking areas, loading areas, sidewalks, signage, lighting, dumpster enclosures, fencing, walls, landscaping, flag poles, etc.

_____ _____ 2. All above and below ground utilities including but not limited to water,

gas, electric, communications, storm sewer, sanitary sewer, etc. Data shall include utility depths, invert elevations, rim elevations, structures, line size and material type.

_____ _____ 3. Detention/retention basins including but not limited to invert elevations, structures, top of bank elevations, 1’ contour intervals, slopes, volumes, calculations, etc. All information shall be certified by a licensed Professional Engineer.

_____ _____ 4. As-built data shall be submitted to RRDA in the form 1 hardcopy set signed by a licensed Professional and 1 digital copy on disc.


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Appendix C Primary Contacts

River Ridge Commerce Center - (812) 285-8979 www.RiverRidgeCC.com Jerry Acy – Executive Director Paul Wheatley – Director of Marketing & Finance Tom Vittitow – Planning and Development Manager Marc Hildenbrand – Director of Project Management & Utility Operations Jennifer Barker – Contract/Lease Administrator

www.cityofjeff.net City of Jeffersonville

Zoning – (812) 280-4712 Shane Corbin – Director of Planning & Development Stormwater – (812) 280-3818 Andy Crouch – City Engineer

State of Indiana www.in.gov Department of Homeland Security – (317)-232-1426 Dave Moses – Building Permits

www.portsofindiana.com Ports of Indiana – Jeffersonville

Bryan Sieg – (812) 283-9662

CSX Rail

www.csx.com Jeff Wagoner – (317) 267-4981

http://www.riverridgecc.com/�

http://www.in.gov/�


Phone) (812) 285-8979

Utilities Communications•AT&T

www.att.com Monte Gullion – (812) 948-7181 •Insight Communications www.myinsight.com Chuck Uhl – (502) 410-7352 •Metro FastNet www.metrofastnet.com Dennis McDonough – (502) 638-2823

•Duke Energy Electric

www.duke-energy.com Jeff Janes – (812) 285-6655

Vectren •Gas

www.vectrenenergy.com Mary Barber – (812) 948-4952

•River Ridge Development Authority Water

www.RiverRidgeCC.com Marc Hildenbrand – (812) 285-8979

•City of Jeffersonville Sewer

www.cityofjeff.net Len Ashack (812) 285-6451 •City of Charlestown www.cityofcharlestown.com (812) 256-7131


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Appendix D ARTICLE VII

RRCC DEVELOPMENT STANDARDS

Purpose and Intent. It is the mission of River Ridge Commerce Center to plan, rehabilitate, redevelop, and prepare the former Indiana Army Ammunition Plant for private enterprise and development for the benefit of the community in an environmentally conscious manner. All improvements or uses of land, roads, utilities or buildings within RRCC shall be bound by the following development standards and the City of Jeffersonville Zoning Code or the City of Charlestown Zoning Code as appropriate by jurisdiction. Any proposed improvements shall be approved by RRCC and the City of Jeffersonville or the City of Charlestown as appropriate by jurisdiction prior to the commencement of construction activities. In the event of conflicting development regulation between RRCC and the City of Jeffersonville or the City of Charlestown then the more stringent regulation shall apply. Obtaining approvals and/or permits required by Local, State and/or Federal agencies shall be the sole responsibility of the Owner, Occupant, Person, Developer or Prospect proposing or providing Improvements within the Property boundaries.

Section 7.1 Site Design and Planning.

In making site improvements for any parcel located within RRCC the following shall apply:

A. Site Improvements and Building Placement.

1. Minimize environmental impact through sensitive design and mitigation. Locate site and building improvements to preserve significant natural vegetation to the extent reasonably possible.

2. When possible orient structures to maximize solar orientation. 3. Utilize plant material to reduce overall heat island effect in paved areas

and adjacent to building structures. 4. The maximum Floor Area Ratio shall not exceed 50%.

B. Preservation of Sensitive Site Features.

1. Throughout RRCC exists sensitive archeological, geographic and

naturalized areas. These areas shall be preserved as “Common Elements” as deemed appropriate by RRDA.

2. Preservation of naturalized areas is encouraged on individual sites to improve water quality and overall aesthetics.

3. Protect existing vegetation to remain during construction out to drip line with construction type fencing.

4. Unless specifically approved otherwise in writing by RRDA, a 100 foot buffer (i.e. non-disturbance within 100 feet of centerline of stream or 100


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feet from the outer most boundary of a karst, cave, lake) shall be in effect for all karst features, caves, lakes and perennial streams.

5. Unless specifically approved otherwise in writing by RRDA, a 50 foot buffer (i.e. non-disturbance within 50 feet of centerline) shall be in effect for all intermittent streams

6. Unless specifically approved otherwise in writing by RRDA, when major earth moving activities are conducted more than 100 feet from a cave, sinkhole, spring or underground stream, but still within the drainage basin of such cave, sinkhole, spring or underground stream, construction shall include the necessary silt fencing and hay bales to control erosion and prevent debris from entering the cave, sinkhole, spring or underground stream

7. Unless specifically approved otherwise in writing by RRDA, the limited use of registered pesticides to control weeds shall be in effect in drainages other than Jenny Lind Run and Little Battle Creek.

8. Unless specifically approved otherwise in writing by RRDA, for areas within the Jenny Lind Run and Little Battle Creek drainages, forest cover disturbance and pesticide application shall be strictly prohibited.

9. Unless noted otherwise herein, a 15’ buffer shall be located along and against all drainage features that run within the Property. Grading up to a buffer area shall not exceed 4:1 slopes.

C. Grading and Drainage.

1. It is the intent of RRCC to maintain a high level of water quality throughout

the development. The use of BMP devices and techniques throughout RRCC is recommended and will result in lower storm water management fees as dictated by the City of Jeffersonville or the City of Charlestown. All proven water quality techniques and devices shall be open to consideration for approval by the Board of Review. Examples of preferable storm water drainage treatment techniques, are bio-swales, rain gardens, green building roofs, pervious pavements, etc.

2. Drainage swales, detention and retention areas shall maintain a naturalized appearance in order to promote water quality and provide wildlife habitat. Native vegetation shall be utilized when landscaping these areas. Any mowing of drainage areas and swales shall be kept to a minimum. Slopes for any mown area shall not exceed 3:1.

3. Drainage swales and basins shall be designed to take advantage of the natural contour of the site and shall not be linear or geometric in design unless otherwise approved by the Board of Review.

4. No impervious swales or drainage ways shall be allowed anywhere on site unless otherwise approved by the Board of Review.

5. Site buildings to minimize cut and fill operations. 6. Provide gentle slopes and smooth transitions when grading. Avoid abrupt

grade transitions and constant slopes.


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7. All storm water conveyance (pipes, ditches, etc.) and detention/retention structures shall be designed in accordance with the standards and specifications of the entity having jurisdiction over the location of the project site.

8. The maximum allowable impervious area for any site shall not exceed 75%.

D. Air Quality

1. Any operation that produces waste gasses or particles that are released to the air, may require a permit from the Indiana Department of Environmental Management (IDEM) Office of Air Quality. The level of permit, if required, depends on the potential emissions. If an Owner’s operation(s) result in the release of waste gasses or particles, the RRDA will require the Owner to obtain a letter from IDEM stating that no permit is required for the intended operation(s) or RRDA will require a permit from IDEM that allows for the intended operations as if applicable.

Section 7.2 Minimum Setbacks.

No Improvements of any kind, and no part thereof, shall be placed closer than permitted to any interior property line, except as otherwise provided in Section 7.2.1. “Interior property line” shall mean the boundary between any parcel within the Project and all other parcels or right-of-way bordering upon said parcel.

A. Minimum building front and street side setback for Intensity 2 and 3 type development shall be 75’ from property line. Minimum building front and street side setback for Intensity 1 type development shall be 25’ from property line.

B. Minimum building side and rear yard setback for Intensity 2 and 3 type

development shall be 50’ from property line or right-of-way line. Minimum building side and rear yard setback for Intensity 1 type development shall be 15’ from property line or right-of-way line.

C. Minimum setback from body of water, conservation or amenity area shall be 100’. Section 7.2.1 Exceptions to Setback Requirements

. The following improvements, or part of Improvements, are specifically excluded from the setback requirements set forth in Section 7.1

A. Roof overhang, subject to approval in writing from RRDA, provided said overhang does not extend more than eighteen (18) inches into the setback area;

B. Steps and walkways, bikeways, jogging paths and trails, trash collection structures, approved parking lots and loading areas;

C. Fences, subject to the requirements set forth in Section 7.6;


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D. Landscaping and irrigation systems;

E. Planters, not to exceed three (3) feet in height, except that planters of greater

height may be built within the setback area with the prior written approval of RRDA;

F. Business park identification signs, directional and parking signs, and signs

identifying the Owner or Occupant of a parcel, subject to the prior written approval of Board of Review;

G. Lighting facilities, subject to the prior written approval of RRDA; and

H. Underground utility facilities, sewers and irrigation systems. I. Above ground utility facilities only as approved by the Board of Review.

Section 7.3 Vehicular Circulation

A. Site Access a. No direct access from Indiana Highway 62 shall be provided to any parcel

fronting on Patrol Road or other major thoroughfares without specific approval from RRDA and INDOT, as applicable.

b. There shall be a minimum of 175’ distance between curb cuts. Curb cut distance shall be measured from the centerline of the adjacent intersections.

Section 7.4 Landscaping.

A. All development shall adhere to the following landscape principles and design standards.

1. All landscaping shall be in compliance with the City of Jeffersonville landscape design standards as defined for retail commercial, office commercial or industrial usages.

2. Design to provide an attractive, comfortable environment for users while minimizing maintenance needs, irrigation water requirements and the use of herbicides and pesticides. Use environmentally friendly, “green” materials and techniques where possible.

3. Landscapes should be designed to create a naturalized appearance utilizing plant materials best suited for the existing microclimate conditions. Group plants of similar water needs.

4. Creative landscape designs are encouraged within RRCC. Standards identified within the CCRs should only serve as a minimum requirement


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and not limit design. Landscape plans with linear design features are discouraged.

5. Use plant materials to provide buffering of outdoor areas and structures from adverse climatic conditions.

6. Maintain existing trees 10” diameter at breast height (dbh) and larger. Removal of any trees 10” dbh and larger shall require approval from RRDA Board of Review. Trees removed without approval shall be mitigated on site at a 2:1 dbh ratio.

B. Performance standards.

1. Within one hundred twenty (120) days following completion of construction, or by the date any portion of a building on the parcel is occupied, whichever shall occur first, unless an extension of time is approved in writing by RRDA solely to allow for the proper planting time, each parcel shall be landscaped in accordance with the plans and specifications approved by the RRDA.

2. Amend soil as necessary to promote healthy plant growth. Test soil to determine proper soil amendments. It shall be the responsibility of the parcel owner to remove and replace all dead and dying plant material.

3. Zoned irrigation, equipped with rain sensors, shall be utilized in all lawn and landscape areas. Irrigation shall be installed in an efficient manner utilizing drip systems when possible.

4. Establish grass within all areas outside of hardscape and landscape areas. Remove rock and other debris not conducive to healthy plant growth and replace with 4” of topsoil.

5. All trees and landscape areas shall be mulched to a depth of 3” with either hardwood bulk mulch or pine straw.

6. All beds shall be terminated with metal edging or by spade edge. 7. After completion, such landscaping as is herein required shall be

maintained by Owner in an attractive and well kempt condition. If, in RRDA's reasonable opinion, the required landscaping is not maintained in a well kempt condition, RRDA shall be entitled to the remedies set forth in Section 7.22 and Article XI.

8. All properties shall maintain 25% of green space.

C. Buffers and perimeters.

1. A twenty-five foot (25) landscape buffer area shall be maintained along all public or to be dedicated street frontage for Intensity 2 & 3 type developments. A fifteen foot (15) landscape buffer shall be maintained along all public or to be dedicated street frontage for Intensity 1 type developments. A five foot (5) meandering concrete sidewalk shall be constructed along and within the street right-of-way. The buffer shall be landscaped by the lot Owner with an attractive combination of earthen


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berms, trees, shrubs, and other ground cover. Improved varieties of indigenous and hardy plants shall be selected with consideration for their size at maturity and ease of maintenance, particularly avoiding those which require excessive and artificial trimming.

2. A fifteen (15) foot landscape buffer area shall be maintained along all other property lines and shall be landscaped in conjunction with the requirements identified in 7.4.C.1.

3. Street frontage property shall be landscaped at a minimum rate of one (1) tree and eight (8) shrubs per fifty (50) linear feet of frontage.

4. The perimeter of parking areas shall be treated with a combination of landscaped berms and plant material so as to screen said areas from view from adjacent streets. Such screening shall extend at least forty-eight (48) inches above the high point of the finished pavement in said parking area. Trees shall be planted at a minimum of 1 per fifty (50) linear feet of parking area.

D. Vehicular use and loading areas.

1. If an outdoor parking lot contains fifteen (15) or more parking stalls, not less than ten 10% percent of the interior of such parking lot shall be landscaped. Strips between parking bays shall also be landscaped with appropriate ground cover and deciduous trees.

2. Landscape islands will be landscaped at a rate of one (1) shade tree and five (5) shrubs per 160 sf of island area.

3. Bio-swales should be utilized both within and outside of pavement areas to enhance water quality and reduce storm water runoff.

4. All loading areas shall be treated with a combination of landscaped berms and plant material so as to screen said areas from view from adjacent streets.

E. Buildings and structures.

1. A five (5) foot minimum landscape area shall be designated along and

against each building façade with street frontage except those portions occupied by access or loading. Each landscape area shall be planted with a combination of evergreen and deciduous shrubs. The use of native perennials is encouraged.

2. All maintenance equipment, utilities, dumpsters or other similar feature shall be screened from view by a combination of landscaping and walls.

3. Landscaping shall be required around monument sign bases.

Section 7.5 Signs. No sign shall be permitted on any parcel unless approved by RRDA in writing prior to installation. No sign shall be approved other than business monument signs, directional, informational and vehicular control signs, building signs


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identifying the business of the Owner or Occupant of a parcel, signs offering the parcel for sale or lease, and temporary development signs.

A. No pole signs shall be permitted.

B. No flashing lights of any kind permitted on signage.

C. Up-lighting shall be permitted on monument and building signage only.

D. Each business shall be allowed one (1) free standing monument type sign with a

maximum allowable height of 6’ and sign surface area of 48 sq. ft. per side (including base).

E. Building signage area shall not exceed 5% of street facing building façade area.

F. All signs shall be constructed of high quality materials, shall be attractive and

architecturally compatible with the primary building located on the parcel and shall be permanently anchored by a structural foundation to the ground.

G. All signs shall be set back at least fifteen (15) feet from the street right-of-way. H. All business or advertising signage of any kind must be located on the parcel

which it represents. I. Advertising signage is only allowed with written permission from RRDA and for a

period of time not to exceed 3 months. Advertising signage shall not exceed a height of 8’ or area of 48’ sq. ft.

J. Directional signage shall not exceed a height of three (3’) with a maximum area of fifteen (15) square feet.

K. All signage locations must be approved by RRDA prior to installation. Section 7.6 Fences.

No fences or walls shall be permitted on any Lot unless such fence or wall is necessary for security or screening purposes. RRDA reserves the right to approve the location and design of all fences, and no fence shall be constructed without a letter of approval from RRDA.

A. Maximum fence height shall not exceed 8’.

B. Chain link is only acceptable in industrial portions of RRCC and must be black or green vinyl coated. No security wire of any sort shall be permitted.


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Section 7.7 Parking Areas.

All off-street parking requirements of the City of Jeffersonville Zoning Code or the City of Charlestown as appropriate by jurisdiction shall be observed for other uses not stated below.

A. Off-street parking adequate to accommodate the parking needs of the Owner or Occupant and the employees and visitors thereof shall be provided by the Owner or Occupant of each parcel. No on street parking shall be permitted except for occasional and intermittent parking by public transportation vehicles. If parking requirements increase as the result of a change in the use of a parcel or in the number of persons employed by the Owner or Occupant, additional off-street parking shall be provided so as to satisfy the intent of this Section.

B. Subject to the provisions of subparagraph C of this Section 7.7, minimum off- street parking shall be as follows:

1. 4 parking spaces per 1,000 square feet of gross leasable area for all office

uses. 2. 2-1/2 spaces per 1,000 feet of gross leasable area for office/warehouse or flexible space buildings. 3. 5 parking spaces per 1,000 feet of gross leasable area for all stand alone

retail uses. 4. For industrial uses 1 parking space per employee at peak shift plus 1

space per employee on the next abutting shift plus visitor parking of 1 space per twenty peak shift employees (minimum 5).

C. The maximum number of parking spaces allowed shall be the minimum number

allowed factored by 1.2.

D. All parking areas shall conform to the following standards:

1. Required off-street parking shall be provided on the parcel. 2. Parking areas and roadways shall be paved with asphalt or concrete so

as to provide dust free, all weather surfaces. Each parking space provided shall be designated by white painted lines upon the paved surface and shall be adequate in area. All parking areas shall provide, in addition to parking spaces, adequate driveways and space for the movement of vehicles.

3. All parking lot perimeters and interior landscape islands shall be defined and protected by a concrete curb with a minimum dimension of 6” width and 6” height. Extruded curb and gutter sections (median curb with 6” gutter or full curb and gutter with 18-24” gutters) are permitted. Parking lot islands designated for storm water treatment shall provide curb cuts (located at island mid points) to allow the infiltration of water.

4. Parking lot spaces shall be 9’ x 18’ with 24’ drive aisles and in a 90°


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orientation. Angled parking is also acceptable pending RRDA staff approval.

5. Interior rows of parking spaces shall provide a landscape island at the end of each row of parking spaces. Landscape islands will also be provided within the row of parking spaces so that there are no more than twelve (12) consecutive parking spaces without a landscape island. Minimum landscape island dimension shall be nine (9) feet by the dimension of the parking row.

6. If an outdoor parking lot contains fifteen (15) or more parking stalls, not less than ten 10% percent of the interior of such parking lot shall be landscaped.

Section 7.8 Storage and Loading Areas.

Storage, maintenance and loading areas must be constructed, maintained and used in accordance with the following conditions:

A. Outside storage of materials, supplies, or equipment is prohibited.

B. Provision shall be made on each site for any necessary vehicle loading or unloading and no on-street or driveway vehicle loading or unloading shall be permitted.

C. Loading dock areas shall be set back, recessed, or screened so as not to be visible from neighboring property or streets, and in no event shall a loading dock be closer than seventy-five (75) feet from a property line fronting upon a street unless otherwise approved in writing by RRDA.

1. All loading dock areas and associated vehicle maneuver areas shall be

paved with concrete or asphalt so as to provide a dust free, all weather surface.

Section 7.9 Condition of Property.

The Owner or Occupant of any parcel shall at all times keep it and the buildings, improvements, and appurtenances thereon in a safe, clean, and wholesome condition and comply, at its own expense, in all respects with all applicable governmental, health, fire and safety ordinances, regulations, requirements, and directives, and the Owner or Occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such parcel.

Section 7.10 Maintenance of Grounds.

A. Each Owner shall be responsible for the maintenance and repair of all parking areas, driveways, walkways, landscaping on its parcel and any Improvements located in its parcel and constructed by Owner or Occupant even if a portion of the parcel being maintained is classified as a Common Element. Such maintenance and repair shall include, without limitation,


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(1) Maintenance of all parking areas, driveways, and walkways in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefore as shall, in all respects, be equal thereto in style, quality, appearance, and durability; the removal of debris and waste material and the washing and sweeping of paved areas and the removal of snow and ice; the painting and repainting of striping markers and directional signals as required;

(2) Cleaning, maintenance, and re-lamping of any external lighting fixtures, except such fixtures as may be the property of any public utility, government body; and

(3) Performance of all necessary maintenance of all landscaping, Including

the trimming, watering, and fertilization of all grass, groundcover, shrubs, or trees; the removal of dead or waste materials; the replacement of any dead or diseased grass, groundcover, shrubs, or trees.

a. Parcels located along Patrol Road with Hwy 62 frontage and other

designated areas by RRDA shall be required to mow grass and remove trash as part of their regular mowing schedule out to the Hwy 62 pavement edge.

B. Nothing contained herein shall preclude an Owner from recovering damages,

including punitive damages, from any Person whose actions or omission to act require an expenditure by such Owner for the maintenance and repair of the parking area, driveway, and/or landscaping on its parcel.

C. All vacant/undeveloped properties shall be maintained by periodic mowing

and trash pickup. No dumping of any kind shall be allowed on unconstructed parcels.

Section 7.11 Temporary Improvements.

No temporary buildings or other Improvements of a temporary nature, including without limitation trailers, tents, sheds, and shacks, shall be permitted on the Property. Temporary improvements used solely in connection with the construction of permanent approved improvements may be permitted provided they are located as inconspicuously as possible and are removed immediately after completion of such construction. Materials, supplies, and equipment shall be stored inside an approved and enclosed building. No temporary loading dock shall be visible from any public right-of-way. The location of the loading dock shall be hidden by landscaping and buffering to the extent possible and acceptable to the Board of Review.

Section 7.12 Storage Tanks. No storage tanks, including, but not limited to, those used for storage of water or propane gas, shall be permitted above ground and outside of buildings on the Property unless approved by the Board of Review.


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Section 7.13 Mail Boxes.

No free standing mailboxes shall be permitted. Mail drop shall be via postal carrier delivery or building wall/door mail slot.

Section 7.14 Architecture.

RRDA is committed to “green” infrastructure and encourages the use of all “green” building techniques (i.e. green roofs, green walls, etc.). The primary goal of the green approach is to: 1) provide energy savings, 2) mitigate heat island effect, 3) maximize water retention, 4) improve water quality, 5) improve aesthetic appeal. Architectural plans, elevations and material charts shall be submitted to the Board of Review for review and approval. All buildings and structures must be constructed, maintained and used in accordance with the following conditions:

A. Buildings and structures within RRCC should be developed with an integrated architectural theme that includes similar materials, colors and design details. Design elements throughout the RRCC should provide a complementary theme. Colors on all buildings shall be earth tones approved RRCC. Accessory structures, landscaping and site fixtures shall complement the principal building. Building material shall be masonry, native or cultured stone, tinted and textured concrete masonry units, architectural precast concrete panels, site cast tilt-up concrete or stucco. Exposed concrete shall have an attractive texture and/or color. Finish building materials shall be applied to all sides of a building.

B. Prohibited predominant materials are smooth-face concrete block, pre-fabricated metal panels and ceramic walls. No pre-engineered buildings of any kind are allowed.

C. Architectural design should take into account all building elevations, including the

sides of a building that are primarily only visible within a property and/or from adjacent properties, as well as those visible from the public right-of-way.

D. Avoid long, blank facades. The same or compatible design features should be

continued or repeated on all building elevations. Vertical and horizontal offsets should be integrated within building facades to minimize building bulk.

E. Primary building entrances shall be clearly defined and provide shelter from the

sun, wind, rain and snow. F. Rooflines of buildings should include variations to avoid long, continuous planes,

demonstrating special design treatments where there is a major change in an element of a building elevation.

G. Roof top mechanical equipment shall be screened from view through the use of

parapet walls or other architectural feature.


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H. All maintenance equipment, utility, dumpster and loading areas shall be screened from view by a combination of landscaping and walls or earthen berms (6’ min. height) from street frontages or other high visibility areas. Screen walls shall compliment architecture of the principal structure. All loading areas shall be located at the sides or rear of the building.

I. Maximum building height shall be 60’ unless otherwise approved by the Board of

Review and RRDA. J. All Buildings constructed or placed upon a Lot shall have solid foundations. K. No building mirrors allowed unless approved in writing by the Board of Review.

Section 7.15 Lighting.

Lighting for RRCC is intended to be cohesive and non-obtrusive. All lighting types shall be reviewed and approved by the Board of Review. Lighting shall be installed and maintained according to the following conditions:

A. All light sources shall be contained in cut-off fixtures that obscure the source from direct view and prevent shining onto adjacent properties.

B. Maximum parking light pole height shall be 25’. C. Up-lighting is acceptable as long as it is subdued and angled towards surfaces

and not lit straight into the sky. No searchlights are permitted. D. All roadway lighting should be of the same family of style as established by

RRDA and all parking lot lighting shall be of the same family of style; however, roadway and parking lot lighting need not match.

E. Minimum/maximum lighting levels:

1. Parking lots: 1.0/2.0 foot candles 2. Building entrances: 4.0/5.0 foot candles 3. Loading areas: 1.0/2.0 foot candles

Section 7.16 Refuse Collection Areas.

All outdoor refuse collection areas shall be visually screened so as not to be visible from neighboring property or streets. No refuse collection area shall be permitted between a street and the front of a building.

Section 7.17 Repair of Buildings.

No building or structure upon any parcel shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished.


Phone) (812) 285-8979

Section 7.18 Public Utilities.

RRDA reserves the sole right to grant consents of the construction and operation of public utilities, including, but not limited to, street railways, interurban or rapid transit, freight railways, poles or lines for electricity, communications, above or below ground conduits, and gas pipes in and upon any and all streets now existing or hereafter established upon which any portion of the subject parcel or Property may now or hereafter front or abut. RRDA reserves the exclusive right to grant consents and to petition the proper authorities for any and all street improvements, such as grading, seeding, tree planting, sidewalks, paving, and sewer and water installation, whether it be on the surface or subsurface, which in the opinion of RRDA are necessary on or to the subject Property. Notwithstanding anything else herein, RRDA reserves the exclusive right to approve above ground utility lines across the Property or any portion thereof on a temporary basis for the purpose of construction and such lines shall be permitted when required by a government agency having jurisdiction in the matter. Notwithstanding the provisions of this Section, the construction and operation of public utilities in rights-of-way dedicated to the public must be approved by the appropriate governmental authority.

Section 7.19 Utility Lines and Antennas.

No sewer, drainage, or communications or other devices for the communication or transmission of electric current, power, or signals, including telephone, television, microwave or radio signals, shall be constructed, placed, or maintained anywhere in or upon any portion of the parcel other than within buildings or structures, unless the same shall be contained in conduits or cables constructed, placed, or maintained underground or concealed in or under buildings or other structures or otherwise appropriately screened in a manner approved by RRDA. No antenna or satellite dish for the transmission or reception of telephone, television, microwave, or radio signals shall be placed on any parcel within the Property unless (a) such antenna is so located that it cannot be seen from five (5) feet above the ground or ground floor level at a distance of two hundred (200) feet in any direction and (b) the consent of RRDA has been obtained. Nothing contained herein shall be deemed to forbid the erection or use of temporary power or telephone facilities incidental to the construction or repair of buildings on the parcel.

Section 7.20 Mechanical Equipment.

All mechanical equipment, utility meters, storage tanks, air-conditioning equipment, and similar items shall be screened with landscaping or attractive architectural features integrated into the structure itself.

Section 7.21 Mineral Exploration.

No operation on any parcel shall be used in any manner to explore for or to remove any steam, heat, oil, gas or other hydrocarbons, gravel, earth or any earth substances or other minerals of any kind, provided, however, that this shall not prevent the excavation of earth in connection with the grading or construction of Improvements within the parcel. Water may be extracted to the extent permitted by the appropriate governmental agency.

Section 7.22 Remedies for Failure to Maintain and Repair.

A. Remedies. If any Owner shall fail to perform the maintenance and repair required by Sections 7.4, 7.9 and 7.10, then RRDA, after fifteen (15) days prior written


Phone) (812) 285-8979

notice to such delinquent Owner, RRDA shall have the right, but not the obligation, perform such maintenance and repair and to charge the delinquent Owner with costs for such work, together with interest thereon at the rate of twelve percent (12%) per annum from the date of RRDA's advancement of funds for such work to the date of reimbursement of RRDA by Owner. If the delinquent Owner shall fail to reimburse RRDA for such costs within ten (10) days after demand therefore, RRDA may, at any time within two (2) years after such advance, file of record in the Office of the County Clerk of Clark County, a claim of lien signed by RRDA for the amount of such charge together with interest thereon. The lien created by this Section shall be effective to establish a lien against the interest of the delinquent owner in his parcel together with interest at twelve percent (12%) per annum on the amount of such advance from the date thereof, in addition to recording fees, cost of title search obtained in connection with such lien or the foreclosure thereof, and court costs and reasonable attorney's fees that may be incurred in the enforcement of such a lien.

B. Foreclosure of Lien. Subject to the provisions of Article XI, such a lien, when so established against the parcel described in said claim, shall be prior or superior to any right, title, interest, lien, or claim that may be or may have been acquired in or attached to the real property interests subject to the lien subsequent to the time of filing such claim of record, shall be for the benefit of RRDA and may be enforced and foreclosed in a like manner as a real estate mortgage is foreclosed in the State of Indiana but without redemption.

C. Cure. If a default for which a notice of claim of lien was filed is cured, RRDA shall file or record a rescission of such notice, upon payment by the defaulting Owner of the costs of preparing and filing or recording such rescission, and other reasonable costs, interest, or fees that have been incurred.

D. Nonexclusive Remedy. The foregoing lien and the rights to foreclose there under shall be in addition to, and not in substitution for, all other rights and remedies that any party may have hereunder and by law, including any suit to recover a money judgment for unpaid amounts. If any Owner shall fail to perform such maintenance and repair and, notwithstanding such failure, RRDA should fail to exercise its rights and remedies hereunder, then any other owner, after fifteen (15) days prior written notice to RRDA and such delinquent Owner, shall have the right, but not the obligation to perform such maintenance and repair and shall have the same rights and remedies with respect thereto as are provided herein to RRDA.


Phone) (812) 285-8979

Appendix E Board Review

Section 6.1 Approval of Plans Required.

No Improvements shall be erected, altered, maintained, or permitted to remain on any parcel by any Owner or Occupant until final plans and specifications have been submitted and approval received in writing from the Board of Review. Such plans and specifications shall be in such form and shall contain such information as may be required by the Board of Review. Prior to creation of a Property Owners Association and Board of Review all reviews and approvals shall be conducted by the River Ridge Development Authority (RRDA).

Section 6.2 Basis for Approval.

A. Approval shall be based, among other things, compliance with the RRCC Development Standards prepared for the subject property, including adequacy of parcel dimensions, conformity and harmony of landscaping plan, compatibility and harmony of external design with neighboring structures, effect of location and use of proposed Improvements upon neighboring lots, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical, air-conditioning, or roof-top installations, and conformity of the plans and specifications to the purpose and general plan and intent of this Declaration. No plans will be approved that do not provide for the underground installation of power, electrical, telephone, and other utility lines from the property line to Buildings.

B. The Board shall not arbitrarily or unreasonably withhold its approval of any plans and

specifications. Except as otherwise provided in this Declaration, the Board shall have the right to disapprove any plans and specifications submitted hereunder on any reasonable grounds including, but not limited to, the following:

(1) Failure to comply with any of the conditions, covenants or restrictions set

forth in this Declaration; (2) Failure to include information in such plans and specifications as may have

been reasonably requested by the RRDA or the Board of Review; (3) Objection to the exterior design, the appearance of materials, or materials

employed in any proposed Improvement; (4) Objection on the ground of incompatibility of any proposed structure or use

with existing structures or uses upon other parcels in the vicinity of the subject parcel;

(5) Objection to the location of any proposed Improvement with reference to other parcels in the vicinity;

(6) Objection to the grading or landscaping plan for any parcel; (7) Objection to the color scheme, finish, proportions, style of architecture,

height, bulk, or appropriateness of any improvement;


Phone) (812) 285-8979

(8) Objection to the number or size of parking spaces, or to the design of the parking area;

(9) Any other matter that, in the judgment of the Board, would render the proposed Improvements or use inharmonious with the general plan for improvement of the subject parcel or with Improvements located upon other parcels in the vicinity or with the general purposes and conditions set forth in Article I of this Declaration.

Section 6.3 Result of Inaction.

If the Board fails either to approve or disapprove plans and specifications submitted to it for approval within thirty (30) days after the same have been submitted, it shall be conclusively presumed that the Board has disapproved said plans and specifications; provided, however, that if within the thirty (30) day period, the Board gives written notice of the fact that more time is required for the review of such plans and specifications.

Section 6.4 Approval.

The Board may approve plans and specifications as submitted, or as altered or amended, or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by the Board of any plans and specifications submitted, a copy of such plans and specifications, together with any conditions, shall be deposited for permanent record with RRCC.


Phone) (812) 285-8979

Appendix F RRDA 2013 Board Meeting Schedule

Month January 22

Day

February 19 March 18 April 15 May 20 June 17 July 15 August 19 September 16 October 21 November 18 December 16

*Meeting times are subject to change. Please confirm dates by contacting the RRDA office for date confirmation.


Phone) (812) 285-8979

Appendix G RRCC Project Application

Project Name:_________________________________________________________________________ Developer Name:_____________________________________Contact Person:_____________________ Address:______________________________________City:______________State:_______Zip:_______ Office Phone:____________________Fax:____________________Mobile:___________________ Email:______________________________ Owner Name:_____________________________________Contact Person:_____________________ Address:______________________________________City:______________State:_______Zip:_______ Office Phone:____________________Fax:____________________Mobile:___________________ Email:______________________________ Design Firm:_____________________________________Contact Person:_____________________ Address:______________________________________City:______________State:_______Zip:_______ Office Phone:____________________Fax:____________________Mobile:___________________ Email:______________________________

Project Description:_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Est. Bldg and Site Costs:____________________ Est. Equipment Investment:__________________

Project Timeframe:___________________________________________________________________________

Estimated # of Jobs (initial):________ After 5yrs:________ After 10yrs:________

Type of Submittal: Development Plan:______ As-Builts:______ Submittal Date:____________________ Applicant Name:___________________________________________ Applicant Signature:________________________________________

process and development standards

Documents

rrda staff

process rrda

rrda board of review

property development

development plan requirements

development plan review

appendix c

appendix d