Development Covenant Law and Legal Definition

A development covenant is an agreement sometimes used in conjunction with real estate transactions to impose obligations on the purchaser, which vary by agreement. The purchaser may agree to conform the use of the property to certain zoning restrictions, use the property to create a certain number of jobs in the area, and other obligations. Development covenants are generally designed to standards to insure the real estate and facilities to be constructed will be of benefit to the community, state, and region.

The following is an example of development covenants that may be agreed upon:

Permitted Uses

General manufacturing, warehousing, distribution of retail & wholesale sales & research uses as specifically approved by the Authority.

Prohibited Uses

Residential,commercial incineration,junk yard,waste dump,outside storage yard, slaughter house,or smelting of ores.

Highway Access

Lot access required to be from interior roads and not directly from Indiana Highway 62.

Minimum Lot Size

Three acres for industrial use; one acre for commercial use.

Minimum Lot Dimensions Width

250 feet depth -2.5 times width lot frontage – 200 feet

Minimum Front Building Set Back

75 feet from property line or right of way line.

Minimum Side & Rear Building Setback

50 feet from property line or right of way line

Minimum Setback From Body of Water

50 feet from mean shoreline of any body of water

Maximum Ratio of Floor Area to Lot Area

50% (one-half )

Maximum Building Height

60 feet (4 stories)

Permitted Buildings Materials

Masonry, concrete, metal, or glass materials, harmonious in appearance with adjoining properties.

Permitted Building Identification Wall Signs

5% of area of building elevation if located within 100 feet of property line, not to exceed 200 sq.ft.

10% of area of building elevation if located between 101 feet & 300 feet of property line, not to exceed 350 sq.ft.

15% of area of building elevation,if located over 300 feet from property line, not to exceed 500 sq.ft.

Permitted Tenant Identification Signs

One (1) nameplate sign not more than nine (9) square feet in area for each tenant, mounted on a building face.

Permitted Free-Standing Monument Signs

One (1) sign not to exceed thirty-two (32) square feet of area and four (4) feet in height

Permitted Traffic Signs

Only standard traffic sign types allowed by the Indiana Department of Transportation Permitted Temporary Signs

Real estate for sale or lease signs on sites or buildings to be sold or leased, not to exceed 32 sq.ft.

Prohibited Signs

Billboard, advertising, flashing, rotating, or pylon signs

Proximity of Signs to Street Intersection

No closer than ninety (90) feet to any corner of a street intersection if not a traffic sign

Permitted Fences

Screening or security fences only as approved by the Authority

Site Drainage

Pipes & culverts are required for drainage under paved areas to permit natural drainage ways.

Storm Water Discharge

All roof and paved area drainage must be discharged into a storm sewer, swale, or detention area, and not a sanitary sewer.

Sanitary Sewage

Restricted to discharge into a sanitary sewer system.

Parking Location

Required to be off-street and no closer than ten (10) feet from any street or right of way easement.

Minimum Parking Spaces

One space for each employee, visitor, or customer at peak hours of operation as may vary over time.

Maximum Parking Spaces

One space for each employee, visitor, or customer at peak hours of operation as may vary over time.

Parking Space Distribution

Front yard – 30%% maximum; side yard -70% maximum; rear yard -10% minimum

Drive, Loading & Parking Area Surface Material

Concrete or asphalt material.

Parking Space Dimensions

Minimum space shall be nine (9) feet wide & eighteen (18) feet deep, divided by painted lines, with twenty-four (24) feet minimum aisle widths

Minimum Landscaped Lot Area

Thirty-five percent (35%) of lot area must be landscaped with:trees, shrubs,and ground cover to improve appearance from street & surrounding buildings.

Minimum Parking Lot Landscaping

Ten percent (10%) of the interior area of parking lot must be landscaped if it includes over 10 spaces.

Time to Complete Landscaping

Must be completed within 120 days of completion of building construction & may be extended solely to allow for proper planting time.

Use of Utility Easements

Must be free of buildings & structures and accessible for repair and maintenance.

Utility Line Locations

All utility lines must be located underground & not overhead.

Outdoor Storage Requirements

Outdoor storage must be screened from view by walls, fence, landscaping or beams.

Refuse Collection Areas

Must be visually screened from view from street and adjacent lots.

Mineral Exploration

Only permitted where & if approved by Authority to create necessary storm water retention areas.

Minimum Distance From Karst Features

Construction disturbance permitted no closer than 100 feet from caves & sinkholes.

Minimum Distance from Cemeteries

Construction disturbance permitted no closer than 100 feet from a cemetery boundary.

Disturbance of Human Remains

Disturbance prohibited, & if found, notification of Authority required.

Nuisances Prohibited

Uses shall be in conformance with applicable federal, state, and local standards relative to fire & safety hazards, radioactivity, smoke, fumes, dust, odors, vibration, noise, waste discharge, or other nuisance factors identified by the Authority.

Streets & Drainage Requirements

Minimum road construction & drainage standards shall be as required by applicable city or county Zoning & Building Codes

Land use & construction plans must conform to zoning & building codes of the state & applicable city or county.

Required Plan Approvals

Written approval required from the Authority & U.S.Army Corps of Engineers before construction.

Army Requirements

Conformance required with all covenants & restrictions required by Army master lease.