The final plat shall conform substantially to the preliminary plat and construction plans as approved, and may constitute only a portion of the preliminary plat, which the subdivider proposed to record and develop.
(A) Procedure.
(1) Following approval or conditional approval of the preliminary plat and construction plans, the applicant, if he or she wishes to proceed with the subdivision, shall file with the Commission a request for final plat approval. The application shall be filed on forms available at the office of the Plan Commission. Such filing shall take place at least 30 days prior to the meeting of the Plan Commission at which it is to be considered.
(2) If the subdivider elects not to install all required improvements before application for final plat approval, security (performance) bond or certified check in sufficient amount to assure such completion of any and all remaining improvements shall be submitted to the Plan Commission with the application for final plat approval. The scheduled time of completion of improvements and installations shall be specified. It shall also be specified that upon completion, but prior to acceptance, a 12-month maintenance bond shall be provided for street, utility, and drainage improvements to the Town Council. The Clerk-Treasurer shall hold all bonds pending completion of construction.
(3) Three black line or blue line prints, and one reproducible print of the final plat, and the required supplementary material shall be submitted with the application.
(4) One copy of the final plat shall be transmitted to the Town Engineer who will check said plat as to computations, certifications, monuments, and the like, and that all the required improvements have been completed to the satisfaction of the town officials having jurisdiction, or, in the case where a security bond or certified check has been posted, such is sufficient to cover the cost of the required improvements. If found satisfactory, he or she will return the copy of the final plat to the Plan Commission with his or her approval certified within ten days of receipt thereof. Changes from the approved preliminary plat could result in the final plat being denied.
(5) Upon receiving a certification of approval from the Town Engineer, the Plan Commission shall review the said final plat for conformity with the minimum standards and requirements as provided in this chapter. If the plat meets all requirements of the subdivision regulations, and all recommendations made at the time of preliminary plat and construction plan approval have been carried out, the Plan Commission shall give final approval.
(6) Should it be determined by the Plan Commission that the final plat does not conform to the approved preliminary plat and/or the requirements of this chapter, the subdivision shall be resubmitted to the Commission at a public hearing for final approval. Notification and advertising procedures shall be followed as previously outlined in § 151.027(A)(4).
(8) If the subdivider elects to install all improvements before application for final plat approval, and it is shown that the conditions of the chapter have been met, and if the final plat completely conforms to the approved preliminary plat, the Commission shall have no recourse but to grant final plat approval.
(B) Sectionalizing/phasing plats. Prior to granting final plat approval, the Commission may permit the plat to be divided into two or more sections/phases and may impose such conditions upon the filing of the sections/phases as it may deem necessary to assure the orderly development of the plat. The Commission may require that the performance bond be in an amount proportional to the section(s)/phase(s) of the plat to be filed and may defer the balance of the bond principal amount until the remaining section(s)/phase(s) of the plat are offered for filing. Such sections/phases must contain at least 20 lots or 10% of the total number of lots contained in the approved plat, whichever is less. The approval of all remaining sections/phases not filed with the Commission shall automatically expire two years from the date of the preliminary plat approval date unless such date is formally extended. It is the responsibility of the applicant to formally request such an extension.
(C) Final plat data. The final plat shall be an original, reproducible tracing, 24 inches by 36 inches, with permanent ink on Mylar at a scale of 100 feet to one inch or larger and shall contain the following information:
(1) Date, title, name, and location of subdivision, graphic scale, north arrow, name and address of subdivider, and owner of the property;
(2) All dimensions, angles, bearings, and similar data on the plat shall be tied to section corners or quarter-section corners as defined by the U.S. Public Lands Survey and maintained by the County Surveyor. Locations and descriptions of said control points shall be given, except where deemed clearly unreasonable or infeasible by the Plan Commission;
(3) Tract boundary lines, right-of-way lines of streets, easements, and other right-of way, and property lines of residential lots with accurate dimensions to the nearest one hundredth of a foot; bearings of deflection angles, radii, arcs, and central angles of all curves with dimensions to the nearest 30 seconds;
(4) Name and right-of-way width of each street, and descriptions of all easement(s) or other rights-of-way;
(5) Lot numbers, lot lines, and all dimensions;
(6) The accurate outline of all property, which is offered for dedication for public use with the purpose thereof indicated, and all property that may be reserved by deed covenant or restriction for the common use property owners of the subdivision;
(7) Minimum building setback lines with dimensions;
(8) Location and description of monuments;
(9) Location and description of utility and drainage easements;
(10) Location of the “100-year” flood elevations along any streams;
(11) Names and locations of adjoining subdivisions and streets, the location of adjoining unplatted properties, and the names and addresses of the owners of adjoining unplatted properties;
(12) Certification on plat of title showing that the applicant is the owner, that the making of the plat receives his or her consent and is in accordance with his or her desires, and a statement by such owner dedicating streets, rights-of-way, and any other sites for public use (Form 1);
(13) Certification on plat by an Indiana-registered engineer or land surveyor as to the accuracy of survey and plat (Form 2);
(14) Certification by the County Board of Health when individual sewerage disposal or water systems are to be installed (Form 3);
(15) Protective covenants and deed restrictions shall either be placed directly on the final plat or attached thereto in form for recording. Deviations to the plat plan shall be submitted to the Plan Commission. The developer shall get approval for any plat changes. The developer shall submit “as-built” drawings upon completion;
(16) Drainage plan approved by the Town Engineer; and
(17) If the proposed subdivision is within the two-mile fringe of the town, then the plat shall contain the following language: “The owner/developer of this subdivision does hereby waive, for himself or herself and all successors and assigns, any objection or remonstrance to the annexation of this tract, and each lot therein, by the Town of Hanover, Indiana, which waiver of remonstrance to annexation shall be a covenant running with the land.”
(D) Recording of the final plat.
(1) Upon approval of the final plat, the President and Secretary of the Commission shall sign the certificate, which shall be part of the reproducible Mylar of the subdivision, plus two prints of it. The Mylar shall be 24 inches by 36 inches and be returned to the subdivider for recording. One of the two prints shall be returned as the subdivider’s copy.
(2) It shall be the responsibility of the subdivider to file with the County Recorder one copy of the approved final plat within 30 days of the final plat signature date. Failure to file within this time shall constitute a violation of this chapter.
(3) Any deviations to the plat plan shall void the approved plat. A revised plat, plus an additional filing fee, shall be submitted to Plan Commission for approval prior to recording. The developer shall submit “as built” drawings upon completion of all required improvements.
(Ord. 2005-5, passed 6-7-2005)