a. General Procedures for Primary and Secondary Approval. The petitioner seeking approval of a subdivision shall submit the previously reviewed primary plat to be approved, conditionally approved, or rejected by the Commission at a public meeting, and a final subdivision plat which must be found in compliance with the primary plat as approved by the Commission or otherwise approved in order to be signed and recorded.
b. Primary Plat Review Process After a public hearing date has been set by the Plan Commission, the Lake Central School Board, Dyer Fire Department, Dyer Police Department, Dyer Park Department, Dyer Public Works Director, Dyer Town Engineer, Dyer Storm Water Management Board, Dyer Sanitary Board and Dyer Water Board shall have an opportunity to study the proposal and submit reports thereon. The Zoning Administrator shall meet with the petitioner to discuss any pertinent aspects of the possible modifications and/or changes that may be suggested or required by this ordinance.
c. Primary Plat Procedures for Primary Approval.
1. Placement on the Commission Agenda. Subsequent to the submission for primary approval, the Commission shall place the matter on its next regular meeting agenda for formal action.
2. Public Hearing Notification Requirements. The Commission shall hold a public hearing on the primary plat and notice of such hearing shall be given to all interested parties in accordance with I.C., 36-7-4-706 and the Rules of Practice and Procedure of the Plan Commission of the Town of Dyer, Indiana.
3. Primary Approval of the Primary Plan. After the Commission has held a hearing upon the primary plat, and has reviewed the Zoning Administrator's report, the Town Engineer's report, department head recommendations, testimony and exhibits submitted at the public hearing, the petitioner shall be advised of any required changes and/or additions. The Commission will review the primary plat and determine its technical conformity with the requirements of the subdivision control ordinance, as well as its conformity with the factors outlined in Section 10-155(a). The Commission shall, at a public hearing, grant primary plat approval, or disapprove the primary plat or table the matter if necessary. One (1) copy of the primary plat shall be returned to the petitioner with the date of approval, conditional approval, or disapproval and the reasons therefore accompanying the plat within five (5) days of the public hearing. Primary approval by the Commission is subject to review by certiorari.
a. Primary plat approval shall not be granted without engineering approval of all required improvements.
b. Subdivision inspection fee shall be paid upon primary plat approval in accordance with the fee schedule in Section 10-119.
4. Effective Period of Primary Approval. Unless extended, the primary approval of a primary plat shall be effective for a period of twelve (12) months after the date of primary approval, at the end of which time secondary approval of the subdivision must have been obtained and certified by the Commission. Any plats not receiving secondary approval within the period of time set forth herein shall be null and void, and the petitioner shall be required to resubmit a new application for primary plat review and certificate subject to all the zoning restrictions and subdivision regulations in effect at the time of resubmission. Secondary approval of a phase of a development automatically extends primary approval of the entire development for an additional twelve (12) months. Upon request of the petitioner, the Commission may extend the primary approval of a primary plat one (1) year beyond any expiration dare or extension thereof without further notice and public hearing.
5. When installation of improvements is completed, including inspection approval by Town of Dyer personnel and Town Engineer or his/her designee the Commission shall, after all other conditions of primary approval have been satisfied, approve the "as built" construction plans. Upon receipt of said "as built" construction plans together with written evidence that the required public facilities have been installed in a manner satisfactory to the Town of Dyer and in complete conformity with the Design Standards for Improvements in the Town of Dyer, as set forth in Appendix A of Ordinance No. 2007-25 and incorporated herein by reference, the Public Works Director and the Town Engineer shall verify that the necessary improvements have been accomplished. The "as built" drawings shall be submitted in electronic (CAD) format.
d. Secondary Plat Procedure (Secondary Approval).
1. Submission Requirements. Following primary approval or conditional primary approval of the primary plat approval of the construction plans and satisfactory completion of all required subdivision and off-site public improvements as set forth therein, the petitioner shall file with the Commission a request for secondary approval of a secondary plat. The application (Form #2) shall:
a. Be submitted in writing;
b. Include the entire subdivision, or section thereof, which derives access from an existing state, county, or municipal roadway;
c. Be accompanied by fifteen (15) copies of the final plat as described in this ordinance;
d. Totally comply with this ordinance and the terms and conditions of primary approval;
e. Be accompanied by any restrictive covenants where they have been proposed by the subdivider.
2. Determination of Conformance (Secondary Approval). In order to be recorded, a secondary plat shall be found to be in conformance with the primary approval by the Commission at a public meeting. If the secondary subdivision plat deviates from the primary plat that received primary approval, the subdivision shall be resubmitted to the Commission at a public hearing for a new primary approval. The petitioner shall request Commission review in writing no less than thirty (30) calendar days prior to the date of the public meeting at which he intends to have the secondary plat reviewed. The Commission shall place the matter on its appropriate meeting agenda. At the meeting, the Commission shall approve or disapprove the secondary plat. If granted secondary approval, it shall be signed by the designated officials. If not granted secondary approval, the petitioner shall be informed as to the insufficiency of the submittal.
3. Secondary approval may be granted to a plat for a subdivision in which the improvements and installments have not been completed as required by this ordinance if:
a. The petitioner provides a cash escrow, or letter of credit, that:
(1) Is an amount determined by the Plan Commission to be sufficient to complete the improvements and installations in compliance with the ordinance; and
(2) Provides surety satisfaction to the Plan Commission; or
b. With respect to the installation of extension of water, sewer, or other utility service:
(1) The petitioner shows by written evidence that it has entered into a contract with the political subdivision or utility providing the service; and
(2) The Plan Commission determines based on written evidence that the contract provides satisfactory assurance that the service will be installed or extended in compliance with this ordinance.
4. Unit Development. Prior to granting secondary approval of a major subdivision plat, the Commission may permit the plat to be divided into two (2) or more units and may impose such conditions upon the filing of the units as it may deem necessary to assure the orderly development of the plat. The Commission may require that the cash escrow or letter of credit be in such amount as will be commensurate with the unit or units of the plat to be filed and may defer the remaining required cash escrow or letter of credit principal amount until the remaining units of the plat are offered for filing. Such units must contain at least twenty (20) lots or ten percent (10%) of the total number of lots contained in the approval plat, whichever is greater.
e. Signing and Recording a Plat.
1. Signing of Plat.
a. When the filing of a cash escrow or letter of credit is required, the President and Executive Secretary of the Commission shall endorse approval on the plat by signing the certificate only after the cash escrow or letter of credit and the construction plans have been approved, and all the conditions of the primary and secondary approval have been satisfied, including payment of all fees.
b. When installation of improvements has been completed, inspected and approved by Town of Dyer personnel and Town Engineer or his/her designee, the President and Executive Secretary of the Commission shall endorse the plat after all conditions of the primary and secondary approval have been satisfied, all improvements satisfactorily completed and accepted for public maintenance, "as built" construction plan submitted, a two (2) year maintenance cash escrow or letter of credit covering all improvements in the subdivision except the final surface coat on the streets, and all engineering fees paid. The "as built" drawings shall be submitted in electronic (CAD) format. Streets in the subdivision shall not have a final surface coat laid upon them until authorized by the Town but no later than one (1) year after the subdivision was completed. The Town requires a minimum of one (1) year of use on the binder course prior to placing of the surface course. The binder course shall not remain uncovered for more than two (2) years. At that time, the petitioner shall provide a one (1) year maintenance cash escrow or letter of credit covering the final surface coat on the subdivision's streets. The amount of the maintenance cash escrow or letter of credit shall be that amount as set forth on the fee schedule in Section 10-119. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the Public Works Director, Town Engineer and that the necessary improvements have been installed, inspected and improved by the Town of Dyer personnel and Town Engineer or his/her designee.
2. The division of any lot or any parcel of land into a subdivision, as defined in this ordinance, by the use of metes and bounds description for the purpose of sale, or transfer, or lease resulting in the creation of one (1) or more new building sites shall not be permitted. All such described divisions shall be subject to all of the appropriate requirements of this ordinance.
3. No improvement location permit or building permit required under the Uniform Building Code, the zoning ordinance or this ordinance shall be issued on any property subject to this ordinance until the provisions of this ordinance have been complied with and all infrastructure improvements, other than street lights and the final coat of asphalt, have been installed, inspected and approved by Town of Dyer personnel and Town Engineer or his/her designee. Additionally, a lot inspection shall be performed by public works personnel prior to issuance of occupancy permit.
4. Violations and Penalties. Any person who violates a provision of this ordinance or any regulations herein contained shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars ($25.00) and not more than two thousand five hundred dollars ($2,500.00) for each day's violation.
5. Restraining Provisions.
a. Any land within the participating jurisdiction subdivided in violation of the terms of this ordinance after the effective date thereof, is declared to be a common nuisance, which may be restrained, enjoined or abated in any appropriate action or proceeding.
b. The Commission may institute an injunction suit requesting an individual governmental unit be directed to remove a structure erected in violation of this ordinance, 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.
c. The Commission may institute a suit for mandatory injunction requesting an individual or governmental unit be directed, where such individual or governmental unit has violated any provisions of this ordinance, to comply with the provisions of this ordinance. 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 ordinance.
6. Recording of Final Plat.
a. The President and Executive Secretary of the Commission shall sign three (3) recordable plats of the subdivision on mylar or some other material such as cloth which is not easily susceptible to damage.
b. It shall be the responsibility of the petitioner to file the plat with the County Recorder and return an original, recorded mylar to the Town of Dyer within thirty (30) days of the date of signature, together with twelve (12) paper copies of said mylar. The mylar shall include all information as is required in Section 10-48(6)(c) of this ordinance. Failure by the petitioner to file the plat as herein provided and return to the Town of Dyer within thirty (30) days shall constitute a violation of this ordinance and shall void the primary and secondary approval previously granted. The Zoning Administrator shall have the discretion to extend the time within which the plat must be recorded and returned to the Town of Dyer for a period of up to an additional thirty (30) days upon submission by the petitioner of clear and convincing evidence of hardship.
c. Information Required on Mylar.
1. The Final Plat must include the following information:
a. Primary control points, approved by the Commission, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred.
b. Subdivision boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions deflection angles or bearings, and radii, arcs, and central angles of all curves.
c. Name and right-of-way width of each street or other right-of-way.
d. Location, dimensions and purpose of any easements.
e. Lot and street numbers to identify each lot or site. Numbers shall conform to established town numbering system and as stated on primary plat.
f. Purpose for which sites, other than residential lots, are dedicated or reserved.
g. Minimum building setback lines on all lots and other sites.
h. Location and description of monuments.
i. Reference to recorded subdivision plats of adjoining platted land by record name, date and number.
j. Certification and seal by Registered Land Surveyor or Registered Professional Engineer certifying to accuracy of survey and plat.
k. Certification of ownership of land covered by the plat, showing that applicant is the land owner.
l. Statement by owner dedicating streets, rights-of-way and any sites for public uses.
m. Title, scale, north arrow and date.
n. A certificate for execution by the Commission.
o. An acknowledgment certificate signed by a Notary Public.
p. Such protective covenant as subdivider deems necessary in form for recording.
q. Such other certificates, affidavits, endorsements, or dedications as may be required by the Commission in the enforcement of this ordinance.
r. All engineering specifications, plans and documents required hereunder are considered to be a part of the final plat data necessary.
s. Vicinity map.
(Ord. No. 94-9, § III, D, 8-9-94; Am. Ord. No. 2000-41, 12-19-00; Am. Ord. No. 2003-24, 10-21-03; Am. Ord. 2007-25, 12-19-07)