(A) Filing of secondary plat. Pursuant to I.C. 36-7-4-710, the Plan Commission delegates to the Design Committee the secondary approval of minor subdivisions, or to staff, as the Design Committee may direct. Otherwise, a subdivider desiring secondary plat approval shall submit the plat in the following procedure:
(1) The secondary plat shall be submitted to the Plan Commission for secondary approval by the applicable filing deadline established by the Plan Commission by rule no later than 14 days prior to the Plan Commission meeting at which secondary consideration is desired. The submission shall include the plans and specifications for the required improvements as set forth in division (B) below. All documents shall bear the approving signature of the County Surveyor, and/or appointed officials, and the transmittal to the Plan Commission and the Commissioners shall include a letter from the County Surveyor and/or appointed officials, describing such approval and setting forth an estimate to cover the cost of the proposed improvements for performance guarantee purposes.
(2) Upon review by the Plan Commission, the secondary plat shall be forwarded to the County Auditor for submission to the Commissioners with all recommendations from the Plan Commission attached. If the plat is given secondary approval by the Plan Commission, in a form acceptable for recording, the plat shall bear on the face of the plat the signatures of either the President, or Vice President, or the Executive Secretary (Director) of the Plan Commission along with the official seal of the Plan Commission, certifying secondary approval.
(3) In the event of disapproval, the Plan Commission shall set out in the Plan Commission minutes, and attach to a copy of the plat, the reasons for and specify the aspects of non- conformance with existing ordinances and notify the subdivider of the same no later than ten days following the date of the hearing. No plat shall be forwarded to the Commissioners until it has been approved by the Plan Commission.
(4) In instances where the subdivider proposes to construct a common sewage treatment facility or a common water supply system, or both, the Plan Commission shall not give secondary plat approval until the State Department of Environmental Management gives approval to the final engineering and construction plans for the facility and the Public Service Commission, in the instance where a common sewage treatment facility is to be constructed, has granted the subdivider or the appropriate corporation a certificate of territorial jurisdiction. Furthermore, where the subdivider proposes to construct a common sewage treatment facility and/or a common water supply system, the Plat Officer, upon receipt of the construction plans required in § 153.148, shall immediately deliver one copy of each of these plans to the County Health Officer.
(5) In the event secondary approval is denied, because of the interpretation of data supplied by the United States Department of Agriculture Soil Conservation Service or because of the recommendation of the State Department of Environmental Management, the subdivider may request in writing another hearing at which he or she shall provide additional evidence attesting to the adequacy of said plat. Said hearing shall be scheduled no later than 62 days after the hearing at which the original secondary plat was denied. Part of the said additional evidence shall be in the form of a certification from a professional civil engineer and/or land surveyor registered in the state, obtained at the subdivider’s costs, stating in effect that he or she, the engineer, has performed the tests and/or surveys, in the presence of a representative of, or in a manner meeting the approval of, the body whose recommendations caused disapproval, necessary to determine that in the engineer’s opinion, the area in question will provide adequate public health, safety, convenience, and general welfare of present or future owners of any lots, parcels, or tracts of the subdivision, providing that all improvements are installed according to the drawings submitted with the original secondary plat.
(6) The approval of the secondary plat improvements design by the Commissioners shall be indicated on the original tracing of the plat, to be filed for record, by the affixing of the signatures of the Commissioners; in the event of disapproval, the Commissioners shall set out and attach to a copy of the plat the reasons for and specify the aspects of nonconformance with existing ordinances and notify the subdivider of the same. A copy of the plat showing the Commissioners’ action shall be filed in the office of the Plan Commission.
(7) The approved secondary plat shall be returned to the County Auditor to be held until such time as the subdivider has:
(a) Posted the performance guarantee as set forth in division (D) below;
(b) Presented to the County Auditor a statement signed by the County Surveyor, County Highway Supervisor, or Engineer, or authorized official, stating that all utilities, facilities, and improvements have been installed in accordance with all requirements and provisions of this subchapter;
(c) Presented to the County Auditor proof of deposit of funds with an approved lender, such as the Veterans Administration or Federal Housing Authority, in an amount to guarantee installation and completion of said improvements;
(d) Presented to the County Auditor proof of the execution of contracts with contractors acceptable to the Board providing for the construction and completion of the improvements, as prescribed by this or any other state or federal laws, within a reasonable time from date thereof, said completion date shall be specified on the contracts; and
(e) Upon the compliance of the above requirements, the County Auditor shall release to the subdivider, or his or her agent, the approved secondary plat.
(B) Secondary plat requirements. The secondary plat shall be provided by the subdivider and shall meet the following specifications.
(1) The secondary plat may include all or only a part of the primary plat which has received approval. (A portion of the primary plat shall be filed as a secondary plat not later than one year after approval of the primary plat, otherwise such approval shall be void.)
(2) The original drawing of the secondary plat shall be drawn on any medium allowing it to be recorded and reproduced, and otherwise in such form and numbers as required by the Plat Officer.
(3) All elevations shall be referenced to the established datum, and the said reference shall be clearly stated on any plans or drawings showing such data, providing benchmarks are located within a reasonable distance.
(4) All dimensions shall be shown in feet and decimals of a foot.
(5) The following basic information shall be shown; all surveys for a secondary plat shall be made under the active and personal direction of a land surveyor, registered in the state:
(a) Accurate boundary lines, with dimensions and bearings or angles, which provide a survey of the tract, closing within the closure error tolerance as stated in 864 I.A.C. 1-12-1 et seq. One copy of the traverse calculations determining such closure shall be submitted with the secondary plat. Coordinates shall be established for all property corners;
(b) Accurate distances and directions to the nearest established street corner of official monuments. Reference corners shall be accurately described on the secondary plat;
(c) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract, shown by heavy solid lines;
(d) Accurate metes and bounds description of the boundary and the included area to the nearest one-hundredth of an acre;
(e) Public right-of-way line of streets, easements, and other rights-of-way, and property lines of lots and other tracts, with accurate dimensions, bearings, and curve data, including radii, arcs, and chords, points of curvature and tangency, and central angles;
(f) Name and right-of-way width for each street and other rights-of-way;
(g) Location, dimensions, and purposes of any easement shown by light, dashed lines;
(h) Number or letter to identify each lot or site;
(i) Purpose for which sites, other than residential lots, are dedicated or reserved;
(j) Building setback or front yard lines showing all dimensions;
(k) Floor elevation and location of each proposed building when in danger of inundation, subject to approval on recommendation of State Department of Natural Resources;
(l) Location, type, material, and sizes of all monuments and lot markers, including elevations related to mean sea level as established by the United States Geological Survey;
(m) Names of owners and mortgagees accepting said plat, with record owner or owners personally signing the plat, and all plans or drawings providing for the installation of the improvements;
(n) Reference to recorded subdivision plats of adjoining platted land by record name, date, and number, shown by medium dashed lines;
(o) Restrictions of all types which will run with the land and become covenants in the deeds for lots;
(p) Title, north arrow, scale, and date;
(q) Certification by a land surveyor with registration numbers and seal affixed to all documents of the secondary plat;
(r) Certification by the registered land surveyor stating that all lots conform to the requirements of the zoning district in which it is located;
(s) Certificate of dedication of all public streets and areas;
(t) Certificate for approval by the County Surveyor;
(u) Certificate for secondary approval by the Plan Commission;
(v) Certificate for approval by the Board of County Commissioners;
(w) Certificate for approval by the County Board of Health; and
(x) Such other data as the Plan Commission may by rule require. Any such rule shall be adopted by Plan Commission Resolution only after a public hearing.
(C) Secondary plat improvement plans and specifications. The secondary plat submission to the Plan Commission shall be accompanied by the plans and specifications for the improvements required under §§ 153.070 through 153.093. The plans and profiles of all streets, storm and sanitary sewers, water lines, and drainage structures, together with their drainage area, shall be prepared on standard plan and profile sheets and shall bear the seal and signature of the registered professional engineer and/or registered land surveyor responsible for their preparation. A cross-section of the proposed streets shall be included showing the widths of roadways, location and width of sidewalks, and the location of underground utilities. The plans shall show the lines of all proposed sidewalks and the locations of all proposed streetlights. The plans, cross-sections, and specifications for the proposed improvements shall be submitted to and approved by the County Surveyor, and/or appointed officials, prior to submission to the Plan Commission with the secondary plat. Four black or blue line prints of the approved documents shall be included with the secondary plat submission along with one digital print of the secondary plat. After the completion of the construction of the improvements, a set of prints showing the as-built details and changes, if any, shall be filed with the Plat Officer, or appointed official.
(D) Secondary plat performance guarantees. A performance guarantee shall be required from the subdivider in the amount of the estimate approved by the County Surveyor, or appointed official, for the cost of the proposed improvements. The performance guarantee shall run to the county and be with good and sufficient surety satisfactory to the Commissioners and as approved by the County Attorney, conditioned upon the installation of the required improvements within two years after the approval of the secondary plat. Filing of the actual bond or other security shall not be required until after the secondary plat approval, provided that sufficient information concerning the form of guarantee to be used shall be submitted with the secondary plat documents to provide ample surety to permit the approval of the Plan Commission and the Commissioners. A certificate indicating that the Commissioners have received said performance guarantee shall be forwarded to the Plan Commission for their record. In no case shall a certificate of occupancy be issued if the required streets and utilities are not in place to serve the affected lot.
(E) Alternative procedure in lieu of secondary plat performance guarantees. As an alternative procedure in lieu of performance guarantees, the developer of a subdivision may develop a subdivision as presented at the primary plat approval stage in phases of lesser size to enable the developer to construct onsite water, sewer, streets, and other improvements required by this subchapter in phases that match the phase being sought for secondary approval and place said improvements upon the real estate prior to requesting secondary plat approval for that phase. The number and size of lots to be encompassed with any phase shall be at the option of the developer subject to Plan Commission approval and it is contemplated that all improvements required for that phase shall be installed and located upon the real estate affected by that phase prior to the granting of secondary plat approval after which time the plat for that phase may be recorded and transfers of title may be sought subject to the recording of said secondary plat. In no case shall a certificate of occupancy be issued if the required streets and utilities are not installed to serve the affected lot being sold.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999