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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any pertinent word or term not a part of this listing but vital to the interpretation of this chapter shall be construed to have its usual legal meaning. Words used in the present tense include the future; the singular includes the plural and plural the singular. The word “used” includes “designed” or “intended” to be used. The word “shall” is a mandatory requirement, the word “may” is a permissive requirement and the word “should” is a preferred requirement.
ABUTTING PROPERTY OWNERS AND/OR INTERESTED PARTIES. Official owners of record as shown by the records of the County Auditor, whose property is contiguous to the subject property; any property which would touch at any point the subject property ignoring all rights-of-way, easements, alleys and the like.
ACCESS. The way over which traffic moves to or from a lot to a street, road or alley and the way over which traffic moves to or from an arterial street/road to a collector street/road or from a street or road to an alley.
ALLEY. A permanent public service right-of-way secondary access to the side or rear of those properties when principal frontage is on some other right-of-way and is not intended for general traffic.
AREA. The total area within the lot lines.
BLOCK. A tract of land bounded on all sides by roads, or a combination of roads and public parks, cemeteries, railroad rights-of-way and the like, or a combination thereof, whether partially or wholly occupied by buildings or containing only vacant lots.
BUILDING. A structure having a roof supported by columns or walls, used or intended to be used, for the shelter or enclosure of persons, animals or property.
BUILDING SETBACK LINES. The lines indicating the minimum distance between the right-of-way of any road or the centerline of any road and the foundation of any building nearest the right-of-way or centerline of any road as specified herein.
COMPREHENSIVE PLAN. The complete plan or any of its parts for the development of the county, prepared by the Plan Commission and adopted in accordance with I.C. 36-7-4-101 et seq., as amended.
CUL-DE-SAC. A local road right-of-way with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement.
EASEMENT. An authorization or grant by a property owner to specific persons or to the public to use land for specific purposes.
EXECUTIVE DIRECTOR. Executive Director of the Plan Commission.
FINAL APPROVAL. Approval insuring that the plat reflects all terms, conditions and commitments given by the subdivider or required by the Plan Commission at the hearing for preliminary approval and that the plat complies with this chapter.
FLOOD HAZARD AREA. Any floodplain, floodway, floodway fringe district or combination thereof, as more particularly shown on the flood insurance rate maps for the county.
FLOODPLAIN. The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water, as more particularly defined in Chapter 153 (the floodplain ordinance of the county).
INFRASTRUCTURE IMPROVEMENTS. The installation of storm sewers, sanitary sewers, water supply lines, streets, curbs, gutters, gas lines, electrical lines, telecommunication lines, water lines, sidewalks and other related utility services.
LEGISLATIVE BODY. The Board of County Commissioners.
LOCATION MAP. A small inset map showing the location of a tract of land in relation to a larger area.
LOT. The tract of land within a subdivision marked by the subdivider on the plat as a numbered, lettered or other identified tract of land to be offered for sale, lease, dedication or development, which is an identifiable parcel of land having frontage on a public road, or right-of-way. This tract or parcel of land must be of sufficient size to meet the minimum zoning requirement for use and area and to provide such yards and other open spaces as are herein required.
(1) CORNER LOT. A lot situated at the intersection of two or more roads.
(2) DOUBLE FRONTAGE LOTS or THROUGH LOT. A lot other than a corner lot with frontage on more than one road or through lots abutting two roads.
(3) INTERIOR LOTS. A lot other than a corner or double frontage lot.
PLAN COMMISSION or COMMISSION. The Clark County Plan Commission.
PLAT. A map, drawing or chart upon which the subdivider’s plan of the subdivision is presented and which he or she submits for approval and intends to record in the final form.
PLAT COMMITTEE. A body appointed by the Plan Commission to approve plats and replats.
PRELIMINARY APPROVAL. Approval (or approval with conditions imposed) granted to a subdivision by the Plan Commission after having determined in a public hearing that the proposed subdivision complies with this chapter.
REGULATORY FLOOD. The flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period. This flood is equivalent to a flood having a probability of occurrence of 1% in any given year.
REPLAT. A change in a recorded subdivision plat if such change affects any road layout on such plat, any area reserved thereon for public use, or any lot line including the division of any lot by plat or otherwise that creates an additional building site on any lot located within a previously approved subdivision plat.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other public uses. RIGHTS-OF-WAY intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.
SIGHT DISTANCE TRIANGLE. The triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above established grade, determined by a diagonal line connecting two points measured at least 15 feet equidistant from the street corner along each property line; provided, however, greater distance may be required to meet American Association of State Highway and Transportation Officials (AASHTO) standards due to the prevailing speed and traffic control at the intersection.
STREET or ROAD. A thoroughfare within the right-of-way that carries traffic between land use activities and/or provides access to abutting properties. The designation of roads by type of use or function is defined by the functional classification of the Federal Highway Administration and Indiana Department of Transportation, unless otherwise defined by future county ordinance or amendment of this chapter. A ROAD may be designated an avenue, boulevard, drive, highway, lane, parkway, place, street, court or appropriate name. ROADS are identified according to type of use or function, as follows.
(1) MAJOR ARTERIALS. Include interstates, freeways/expressways and principal arterials. The National Highway System of 155,000 miles includes the nation’s most important rural principal arterials in addition to interstates.
(a) INTERSTATES/FREEWAYS/ EXPRESSWAYS. Freeways and expressways are the highest category of arterial streets and serve the major portion of the through-traffic entering and leaving the metropolitan area (i.e., inter-urban traffic). These roadways carry the longest trips at the highest speeds, and are designed to carry the highest volumes. In metropolitan areas, intra-urban traffic (such as between the central business district and outlying residential areas and between major inner-city communities or major urban centers) may also be served by streets of this class. INTERSTATES are fully-controlled access facilities that are grade-separated from other roads and railroads, such as Interstate 65. All roadways that are on the nation’s interstate system of approximately 45,000 miles are fully grade-separated with full access control. FREEWAYS are non-interstate, fully-controlled access facilities that are also grade-separated from all intersecting transportation facilities. EXPRESSWAYS are partially-controlled access facilities that may have occasional at-grade intersections.
(b) PRINCIPAL ARTERIALS. Principal arterials (sometimes termed OTHER PRINCIPAL ARTERIALS under the federal functional classification system) are the highest category of arterial streets without grade separation. This functional class complements the freeway/expressway system in serving through-traffic entering and leaving the metropolitan area. Within the metropolitan area, major intraurban trips are served between the central business district and suburbs, and between major suburban activity centers. Although PRINCIPAL ARTERIALS may lack access control, some level of access control is highly desirable such as the minimum spacing of intersections with public roads and the control of driveway entrances. For PRINCIPAL ARTERIALS, maintaining traffic-carrying capacity for through-traffic is more important than providing access to abutting property.
(2) MINOR ARTERIALS. The lowest category of arterial streets, serve trips of moderate length and offer a lower level of mobility than principal arterials. This class augments the major arterials, distributing traffic to smaller geographic areas, and linking cities and towns to form an integrated network providing interstate highway and inter-county service. MINOR ARTERIALS also provide urban connections to rural collectors.
(3) COLLECTOR STREETS. Collector streets serve as the link between local streets and the arterial system. COLLECTOR STREETS provide both access and traffic circulation within residential, commercial and industrial areas. Moderate to low traffic volumes are characteristic of these streets. In rural areas, the major collectors provide service to county seats, larger towns (2,500 or more persons) and other major traffic generators that are not served by arterials. These roads serve the most important intra-county corridors. Minor collectors link local roads in rural areas and serve the smallest rural communities (fewer than 2,500 persons).
(4) LOCAL STREETS. Local streets are composed of all streets not designated as collectors or arterials. Primarily serving abutting properties, local streets provide the lowest level of mobility and, therefore, exhibit the lowest traffic volumes. Through-traffic on local streets is deliberately discouraged. This class of street is not part of any town or county thoroughfare network, and is not eligible for federal aid with the exception of bridges and bikeway/walkway facilities.
(5) PRIVATE ROAD. A private road is a local street that is not dedicated or accepted for public use or maintenance, which provides vehicle and pedestrian access, and for which long-term maintenance responsibility has been explicitly defined before such roadways are built.
SUBDIVIDER. The person or persons who own all or any part of the real estate included within the plat at the time of the final approval of said plat.
SUBDIVISION.
(1) The division of any land into two or more lots or parcels. A plat prepared by a licensed professional land surveyor and approved by the Plan Commission is required for all SUBDIVISIONS. The two types of SUBDIVISIONS provided for under this chapter are defined as follows.
(a) MAJOR SUBDIVISION. Subdivision not classified as minor subdivisions including, but not limited to, subdivision of seven or more lots, or any size subdivision requiring any new road or extension of public facilities, or the creation of any public improvements.
(b) MINOR SUBDIVISION. Any subdivision containing not more than six lots. These lots are fronting on, or having access to, an existing road; not including creating any new public road, or the extension of public facilities, or the creation of any public improvement; but allowing the dedication of additional rights-of-way or easements for public roads and public facilities. Only one MINOR SUBDIVISION shall be permitted on any tract or contiguous tracts of land under the same ownership and existing on January 1, 2008.
(2) A subdivision of land which shall never create a building site or sites is not subject to the minimum lot size requirements of the zoning ordinance.
(3) Exemptions: the following subdivisions of land are exempt from the provisions of this chapter; however, all splits of land shall comply with § 156.03:
(a) An adjustment of lot lines as shown on a recorded plat or adjoiners with metes and bounds descriptions which does not reduce the area, frontage, width, depth or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of building lots in any block of the recorded plat or the metes and bounds areas involved;
(b) A division of land: for the purpose of single-family or agricultural use; which does not involve any new public roads, public drainage easements or other new public improvements; and which creates new lot(s) and a remaining tract which are a minimum of five acres each and which meet all other requirements of the County Zoning Code (Chapter 156);
(c) An allocation of land in settlement of an estate, a court decree for the distribution of property or a foreclosure decree wherein a financial institution is plaintiff and a Sheriff’s deed is recorded;
(d) The willing or unwilling transfer of land as a result of legal condemnation or threat thereof as defined and allowed by federal or state law;
(e) The acquisition of street rights-of-way by a public agency;
(f) The sale, exchange or transfer of land between adjoining property owners which does not result in the change of the present land usage or create an additional building site;
(g) The division of land to correct errors in an existing legal description provided that no additional building sites are created by the division;
(h) A division of land for the establishment of condominiums as defined and regulated by I.C. 32-25 et seq. as amended; and
(i) A division of land: for the purpose of single-family or agricultural use; which does not involve any new public road, public drainage easement or other new public improvement; and which creates a new lot and a remaining tract which are a minimum of 40,000 square feet each and which meet all other requirements of the zoning ordinance (Chapter 156). Only one such division per calendar year shall be permitted on any tract or contiguous tracts of land under the same ownership and existing on January 1, 2008.
SUBDIVISION MAINTENANCE BOND. A surety bond issued by an insurance company authorized by the state to do business in the state, an irrevocable letter of credit by a bank licensed to do business m the state (with an expiration date of two years and three months from the date of issuance or until three months after primary buildings have been completed on at least 80% of all lots shown on the recorded plat, whichever date is earlier) or a cash deposit in an amount equal to 20% of the initial construction cost of the subdivision. Said MAINTENANCE BOND shall be provided on a form satisfactory to the County Engineer.
SUBDIVISION REVIEW COMMITTEE. A technical review committee established by the Plan Commission which may be appointed by the Plan Commission to assist with the technical evaluation of subdivisions.
(Ord. 18-2007, passed 12-18-2007; Ord. passed 6-12-2008; Ord. passed 9-18-2008; Ord. 10-2011, passed 5-26-2011)
(A) Procedure for resubdivisions/replatting. If any change in an approved or recorded subdivision plat affects any street layout shown on such plat, any area reserved thereon for public use, or any lot line including the division of any lot by plat or otherwise that creates an additional building site on any lot located within a previously approved subdivision plat, such change shall be considered a replat of the entire previously approved plat and shall be approved by the Plan Commission by the same procedure, rules and regulations as for subdivisions. Such change also must be made in conformity with the statutes governing platting and vacating of public ways (I.C. 36-7-3 et seq., as amended).
(B) Procedure for subdivisions where future subdividing is indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be resubdivided into smaller building sites, the Commission may require that such parcel of land allow for the future opening of roads and the ultimate extension of adjacent roads. Easements providing for the future opening and extension of such roads may be made a requirement of the plat.
(C) Vacation of plats. Any recorded plat or part of any recorded plat may be vacated only in accordance with I.C. 36-7-3 as amended.
(Ord. 18-2007, passed 12-18-2007)
(A) General.
(1) It shall be the duty of the Executive Director to enforce these regulations, and to bring any violations or lack of compliance to the attention of the Plan Commission Attorney (or if there is none, the County Prosecutor).
(2) No owner, or agent of the owner, of any parcel of land located in a subdivision shall transfer, lease or sell any such parcel before a plat of such subdivision has been approved under final approval by the Plan Commission, in accordance with the provisions of these regulations, and filed with the County Recorder.
(3) No improvement location permit or building permit required under the Uniform Building Code, the zoning ordinance or this chapter shall be issued until the provisions of this chapter have been complied with and the final unconditional subdivision plat shall have been approved; however, the subdivider may request and receive one improvement location permit or building permit for a single model home to be constructed in a subdivision prior to unconditional final plat approval if: the preliminary plat of the subdivision has been approved; the roadway pavement from the subdivision entrance to the lot upon which the model home will be constructed has been fully installed in accordance with the plans and specifications of the subdivision and this chapter; if sanitary sewers are to be included in the subdivision, then the sanitary sewer must be completed and available for connection with said model home; and the County Engineer certifies in writing to the Plan Commission that the roadway and any sewer to service the home as above referenced has been satisfactorily constructed.
(B) Restraining provisions.
(1) Any land subdivided in violation of the terms of this chapter after the effective date hereof, is hereby declared to be a common nuisance, which may be restrained, enjoined or abated in any appropriate action or proceeding.
(2) The Commission may institute an injunction suit requesting an individual or governmental unit be directed to remove a structure erected in violation of this chapter, or to make the same comply with its terms. If the Commission is successful in its suit, the respondent shall bear the costs of the action, including reasonable attorney fees.
(3) The Commission may institute a suit for mandatory injunction requesting an individual, partnership, association, corporation, governmental unit or other entity may be directed, where such individual entity has violated any provisions of this chapter, to comply with the provisions of this chapter. If the Commission is successful in its suit, the respondent shall pay the Commission’s reasonable attorney fees and all costs related to the enforcement of this chapter.
(Ord. 18-2007, passed 12-18-2007; Ord. 10-2011, passed 5-26-2011)
(A) A person desiring the approval of a plat or replat of land for a minor subdivision shall submit to the Executive Director a written application for approval, the proposed plat and fees provided for in this chapter. Following the provisions of I.C. 36-7-4-701 et seq. as amended, the Plat Committee shall approve each minor subdivision which complies with this chapter unless a governmental agency or public utility provides written proof to the Plat Committee that approval of the plat would endanger the health, safety or welfare of any proposed occupant of the subject land.
(B) Notice shall be given according to the provisions of I.C. 36-7-4-701(d), as amended.
(C) An application for a minor subdivision shall require the following data:
(1) Name of subdivision and legal boundary description;
(2) Location map of subdivision, north point and scale;
(3) Boundaries of the tract with accurate dimensions and bearings, as determined by an accurate survey which complies with 365 I.A.C. 1-12 in the field which has been balanced and closed, as well as physically located by monumentation;
(4) Location and description of all monuments with references by distance and bearings to 1/4 section corners, section corners, grant corners or recorded subdivision corners;
(5) Length of lot lines and area of lots, angles or bearings at all points of deflection of all continuous lines, radii, arcs and curve data necessary to construct the horizontal curves;
(6) All lots numbered or lettered and all roads with appropriate names;
(7) Public right-of-way widths, width of ingress and egress, maximum grades, approximate curves and utility easements. Any additional right-of-way to be dedicated to meet the minimum right-of-way widths in Exhibit 1 of § 155.33. No buildings, structures, fences, shrubs or trees shall be placed in the public right-of-way without prior written review and approval by the appropriate agency;
(8) Building setback of front yard lines and side yard lines for corner lots;
(9) Thoroughfare setback lines, if applicable;
(10) One hundred-year flood contour line from the flood insurance rate map (FIRM), or statement that all areas are outside floodplain and the limits of the floodway as may be appropriate;
(11) Existing water, sewer and other municipal services;
(12) Name of developer and/or owner, and land surveyor;
(13) Zoning classification of subject property and of abutting property;
(14) Names and addresses of abutting property owners;
(15) Any existing buildings and their placement on the lots;
(16) Copy of proposed plat submitted to County Health Department;
(17) Natural drainage easements designated with statement that no buildings, structures, fences, shrubs or trees shall be placed in easements. Legal drain designated, if applicable;
(18) Six copies of proposed plat; and
(19) Certificates:
(a) By a licensed professional land surveyor;
(b) By the owner (notarized);
(c) By the Plan Commission Executive Director (compliance with code); and
(d) By the owner for dedication of public utilities, sewer, water drainage and private access easements.
(D) The minor plat shall be submitted to the Executive Director on a reproducible material.
(Ord. 18-2007, passed 12-18-2007; Ord. passed 6-12-2008)
(A) Preliminary approval.
(1) A person desiring the approval of a plat or replat of land for a major subdivision shall submit to the Executive Director a written application for approval, the completed preliminary checklist and fees hereinafter provided. The plat shall include, but not be limited to, the provisions listed below. The preliminary plat shall be presented to the Subdivision Review Committee for technical review and recommendations.
(2) An application for preliminary approval of a major subdivision shall require the following data:
(a) Name of subdivision and legal boundary description;
(b) Location map of subdivision, north point and scale;
(c) Boundaries of the tract with accurate dimensions and bearings, as determined by an accurate survey, conforming with 865 I.A.C. 1-12, in the field which has been balanced and closed, as well as physically located by monumentation;
(d) Location and description of all monuments with references by distance and bearings to both quarter section corners, section corners, grant corners or recorded subdivision corners;
(e) Length of lot lines, minimum width, depth and area of all lots;
(f) All lots numbered or lettered and all roads labeled with appropriate names;
(g) Public way widths, width of ingress and egress, maximum grades, approximate curves, co-ordination of subdivision public ways with current and planned public ways within the subdivision, and utility easements. No buildings, structures, fences, shrubs or trees shall be placed in the public right-of-way without prior written review and approval by the appropriate agency;
(h) Roads and alleys adjacent to the new subdivisions with their names;
(i) Building setback of front yard lines and side yard lines for corner lots;
(j) Thoroughfare setback lines, if applicable;
(k) Contours shown at vertical intervals of two feet if the general slope of the site is less than 2%, and at vertical intervals of five feet if the general slope is greater than 2%, as taken from available county, state or federal maps;
(l) One hundred-year flood contour line from the flood insurance rate map (FIRM) and the limits of the floodway as may be appropriate;
(m) Existing water, sewer and other municipal services, if applicable;
(n) Name of developer and/or owner and land surveyor and/or engineer;
(o) Zoning classification of subject property and of abutting property;
(p) Names and addresses of abutting property owners;
(q) Any existing buildings and their placement on the lots;
(r) Copy of proposed plat submitted to County Health Department, State Department of Health or State Department of Environmental Management;
(s) Location of all property that is dedicated for public use and all property that may be reserved by covenant for the common use of the property owners in the subdivision; and
(t) On the final plat, natural drainage easements designated with a statement that no building, structure, fence, shrub or tree shall be placed in easements. Legal drain designated, if applicable.
(3) The subdivider may be permitted to revise the preliminary plat to conform to agreed upon recommendations of the Review Committee prior to the hearing before the Plan Commission if the Plan Commission Executive Director is given 45 days to review before the public hearing.
(4) All subdivision plat applications must be accompanied by six full sized sets of plats on either 18 inches by 24 inches or 24 inches by 36 inches paper and by 15 copies of reduced sized plats on 11 inches by 17 inches paper for both preliminary and final plat approvals. The full sized sets shall be distributed as follows: four to the Planning Director who will distribute copies to the County Engineer and County Surveyor, one to the County Drainage Board and one to the sewer company or County Health Department.
(B) Fee schedule.
(1) At the time of filing his or her application for subdivision approval, the subdivider shall pay to the Plan Commission the fee provided for in this section.
(2) Filing fees: filing fees for applications for major or minor subdivisions and major or minor subdivision replattings shall be charged in accordance with a fee schedule as may be established by the Plan Commission.
(3) Legal advertising: the cost of any advertisement or legal notice shall be paid for by the subdivider.
(C) Notice. The provisions of I.C. 36-7-4-706, as amended, requiring a specific method of notice or other procedure shall at all times be adhered to and/or incorporated herein.
(D) Hearing before Plan Commission (preliminary approval).
(1) The preliminary plat shall be presented at a public hearing of the Plan Commission.
(2) If, after the hearing, the Plan Commission determines that the application and plat comply with the standards in the subdivision control ordinance, it shall make written findings and decision granting preliminary approval to the plat signed by the presiding member of the Plan Commission or the delegated authority.
(3) If, after the hearing, the Plan Commission disapproves the plat, it shall make written findings, within ten days, that set forth its reasons and a decision denying preliminary approval, and shall provide the subdivider with a copy signed by the presiding member of the Plan Commission or the delegated authority.
(4) The Plan Commission or its Executive Director may not impose any additional terms, conditions or commitments after preliminary approval is given.
(E) Notice.
(1) In addition to all other notices as required by this chapter or state law, notice of all hearings on preliminary subdivision plat applications, variance requests which seek a variance from any provision of the subdivision control ordinance, special uses and special exceptions shall be posted in a conspicuous place on the subject property along all road frontage of the subject property at least every 500 feet at least ten days prior to the date of the hearing. Such signs shall be no smaller than two feet in height and four feet in width and shall bear lettering large and bold enough to be read from the road frontage. Each such notice shall state as a minimum: “The owner of this property has made a request before [choose one: the County Plan Commission or the County Board of Zoning Appeals] to [choose one: subdivide the property, grant a use variance, grant a developmental standard variance, grant a special use or grant a special exception]. A public hearing will be held on the request at Room 308, County Building, 501 East Court Avenue, Jeffersonville, Indiana, on the _______ day of __________ 20____, at _____ o’clock __.m.”
(2) All such signs shall be removed within ten days following final action.
(F) Final approval.
(1) The Plan Commission may grant final approval of a plat or replat under this chapter.
(2) No notice and hearing are required for final approval.
(3) The purpose of final approval is to insure that the plat reflects all terms, conditions and commitments given by the subdivider or required by the Plan Commission at the hearing on preliminary approval and that the plat complies with this chapter.
(4) A final plat of subdivision may not be recorded in the office of the County Recorder, unless it is classified as unconditional final plat approval under this chapter and signed and certified by the presiding officer of the Plan Commission attested to by the Executive Director of the Plan Commission and also the County Engineer or County Surveyor.
(5) The Plan Commission may not grant conditional or unconditional final plat approval until construction plans for all public improvements have been prepared by the subdivider’s engineer and/or surveyor and recommended for approval by the County Engineer or County Surveyor and other agencies required by law or ordinance as being in technical compliance with this chapter and in accordance with said other laws and ordinances.
(6) Conditional final plat approval may be granted by the Plan Commission upon submission of the proposed final plat and construction plans in the technical form and in the manner required by this chapter and with the payment of all required fees. A final plat receiving conditional final approval shall not be signed by the County Engineer or County Surveyor nor recorded with the County Recorder and become an unconditional final plat until: the basic improvements and installations (except final asphalt coat on roads) have been confirmed in a letter by the County Engineer as fully complied with and satisfactorily completed, installed and/or constructed, including roads, curbs, gutters, drainage facilities, electric lines, sewer lines (where available), water lines, fire hydrants, any and all other utilities as required by this chapter or any other ordinance of the county, and everything else set forth in the conditional final plat, the construction drawings, the drainage plans, and the erosion plans; and the subdivider has paid cash funds to the county in an amount equal to an acceptable bid amount to complete the final asphalt coat to all roads in the subdivision in accordance with the standards set forth in this chapter; and the plat is signed by the County Engineer or County Surveyor.
(7) Unconditional final plat approval may not be initially granted to a plat for a subdivision unless one of the following occurs: the subdivider provides:
(a) Contracts or written evidence of contracts with utility companies that electric, water and sewer utilities (where available) will be provided to the subdivision;
(b) An executed performance and escrow agreement in the form created by the Plan Commission Attorney; and
(c) 1. Payment of cash escrow to the county in the amount required herein to insure completion of the subdivision in accordance with the performance and escrow agreement, the approved preliminary plat, the construction drawings, the drainage plans and the erosion plans, and, when applicable, the approved planned unit development plats and drawings. Such cash escrow shall:
a. Be payable to the county in an amount set by the Plan Commission sufficient to complete the improvements and installations in compliance with this chapter;
b. Be in a sum which is at least 120% of the amount estimated to complete the roads, drainage structures and all other work or improvements to the subdivision required by this section or the above referenced subdivision documents. The estimate for such work shall be supplied by the subdivider to the County Engineer with a detailed itemization acceptable to the County Engineer showing the estimated cost of construction for each component of the construction; and
c. Be in the form of immediately available United States cash funds. Bank letters of credit and bonds are unacceptable to serve as cash escrow.
2. The County Engineer, with the approval of the County Commissioners, may release a portion of the cash escrow to the subdivider after satisfactory completion of a part of the improvements and installations of the subdivision in an amount approved by the Commissioners. Any such release shall occur no more frequently than monthly.
(8) Any money received by the county from escrow or otherwise shall be used only for making the required improvements and installations for which the escrow or other surety was provided in the event the subdivider defaults under a performance agreement (or performance and escrow agreement). This money may be used for these purposes without appropriation. The improvements or installations must conform to the standards provided for such improvements or installations by the county as well as this chapter.
(9) (a) A person desiring the final approval of a plat or replat of land for subdivision shall submit to the Plan Commission the plat of the proposed subdivision with the required certificates attached.
(b) The following certificates shall be affixed to the plat before recording:
CERTIFICATES:
a. By the registered land surveyor to the effect that the plat represents a survey made by him or her on _ and recorded in ___ that all monuments shown thereon exist or will be set, and that their locations are as shown or will be as shown.
b. By the subdivider(s)/applicant(s) and/or any other owner(s) of record, a notarized statement that said subdivider(s) and/or other landowners) is/are the owner(s) of the lands and the platting of the subdivision is the subdivider and/or other owner’s voluntary act and deed. The subdivider(s) and/or owner(s) shall declare in this certificate by description or reference to the plat the purpose of all rights-of-way, easements and other reservations shown on the plat.
c. By the Plan Commission, fixed with the seal of the Plan Commission, signed by the president or presiding officer of the Plan Commission, and attested to by the executive director of the Plan Commission and the County Engineer. The certificate shall disclose that proper public notice was given, and that a majority of the members of the Plan Commission concur in its approval.
All subdivision plat applications must be accompanied by six full sized sets of plats on either 18-inch by 24-inch or 24-inch by 36-inch paper and by 15 copies of reduced sized plat on 11-inch by 17-inch paper for both preliminary and final plat approvals. The full sized sets shall be distributed as follows: four to the planning director who will distribute copies to the County Engineer and County Surveyor, one to the County Drainage Board, and one to the sewer company or county Health Department.
(10) Except as provided for in division (F)(11) below, a plat or replat of subdivision must be given final approval and be recorded within 36 months of preliminary approval. Upon written request, the Plan Commission may extend the time limitation for one year. If the subdivider fails to record within this time period, the preliminary and final approval given by the Plan Commission shall be null and void. The time limit for recording the final plat shall extend to any preliminary plat approval not expired as of January 1, 2008.
(11) Plats that have been granted preliminary approval after the adoption of this chapter may be submitted for final approval in sections as deemed most advantageous by the subdivider with the approval of the Executive Director of the Plan Commission. Additional sections may be submitted for final approval without repeating preliminary approval if they substantially conform to the geometries of the original preliminary plat. The 36-month limit for recording the final plat is automatically renewed with the recording of any section of the approved preliminary plat. The plat may be deemed to substantially conform to the preliminary plat if the geometries of the final plat are substantially the same layout. The addition, removal or alteration of road patterns, lot sizes and total number of lots can result in resubmission of the plat for preliminary approval unless such changes were a condition of the preliminary plat approval. The addition or removal of easements to accommodate utilities or drainage shall not constitute a substantial change in conformity.
(12) After the completion of all improvements and installations as provided in the performance and escrow agreement or in accordance with the conditional final plat approval and the construction plans in a good and workmanlike manner and approval of same by the County Engineer acting with the specific authority from the County Commissioners and consulting with the County Engineer (as to roads and right-of-way areas). County Drainage Board (as to drainage and water quality). County Surveyor (as to monuments), and fire department district (as to fire hydrants) and soil and water conservation (as to IDEM erosion control); the cash payment to the county in payment for the final asphalt coat on the roads; and the posting of a subdivision maintenance bond by the subdivider, the performance and escrow agreement and escrow funds as held by the county, shall be released by the county. The subdivision maintenance bond shall be in favor of the county, be valid for a period of two years and three months or until three months after primary buildings have been completed on at least 80% of all lots shown on the recorded plat, whichever date is earlier and shall be in an amount equal to 20% of the initial construction cost of the subdivision. Said maintenance bond shall be used for road maintenance, drainage and snow removal (if not done by the subdivider) for said period of time.
(13) Unless there is a separate construction entrance to the construction site, a subdivider, person, corporation, association, partnership or other entity who develops land in sections or phases such that the development of one section requires construction traffic, truck traffic and/or heavy equipment to cross over existing subdivision roads shall repair any damages caused by construction traffic over existing subdivision roads prior to the final plat approval of a subsequent section of the subject subdivision, or the county may withhold such final plat approval until such time as repairs have been made to county standards as determined by the County Engineer.
(14) No road shall be accepted into the county’s inventory of roads until such time when the County Engineer has recommended same and the County Commissioners have accepted same at a public meeting. New subdivision roads shall be accepted when the binder coat (first coat) of asphalt has been installed per county specifications.
(15) If the major subdivision disturbs more than one acre, detailed erosion control and sediment control plans, pursuant to 327 I.A.C. 15-5 (Rule 5), as amended, as administered by the Indiana Department of Environmental Management should be submitted to the County Drainage Board.
(G) Unrecorded plat. Any plat which has been previously approved by the Plan Commission, but not recorded within 18 months of the passage of this chapter is null and void, and must be resubmitted pursuant to the provisions of this chapter.
(H) Planned unit development. This chapter also applies to the subdivision of a planned unit development (PUD); however, the design and development of a PUD may deviate from the standards prescribed in this chapter. A preliminary subdivision plat may be submitted to the Plan Commission at the time of submission for PUD petition. Preliminary approval may be granted subject to proper zoning.
(Ord. 18-2007, passed 12-18-2007; Ord. passed 6-12-2008; Ord. passed 9-18-2008; Ord. passed 1-22-2009; Ord. 10-2011, passed 5-26-2011)
GENERAL SUBDIVISION REQUIREMENTS
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