(A) Purpose; applicability.
(1) The purpose of an amending plat shall be to provide an expeditious means of making minor revisions to a recorded plat. The amending plat allows these minor revisions without the need of filing a plat correction certificate. Furthermore, the amending plat goes beyond the scope of a plat correction certificate and provides a means to relocate any lot line or to combine lots. An amending plat does not allow for the creation of new lots and is designed only to modify existing recorded plats.
(2) The procedures for an amending plat shall apply only if the sole purpose of the amending plat is to achieve one or more of the following purposes:
(a) Correct an error in a course or distance shown on the preceding plat;
(b) Add a course or distance that was omitted on the preceding plat;
(c) Correct an error in a real property description shown on the preceding plat;
(d) Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor responsible for setting monuments;
(e) Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
(f) Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names and identification of adjacent recorded plats;
(g) Correct an error in courses and distances of lot lines between two adjacent lots if:
1. Both lot owners join in the application for amending the plat;
2. Neither lot is abolished; and
3. The amendment does not attempt to remove recorded covenants or restrictions.
(h) Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
(i) Relocate one or more lot lines between one or more adjacent lots if:
1. The owners of all those lots join in the application for amending the plat;
2. The amendment does not attempt to remove recorded covenants or restrictions; and
3. The amendment does not increase the number of lots.
(j) Make necessary changes to the preceding plat to create four or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
1. The changes do not affect applicable zoning and other regulations of the municipality;
2. The changes do not attempt to amend or remove any covenants or restrictions; and
3. The area covered by the changes is located in an area that the Town Board of Trustees, Planning Commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area.
(k) Replat one or more lots fronting on an existing street if:
1. The owners of all those lots join in the application for amending the plat;
2. The amendment does not attempt to remove recorded covenants or restrictions;
3. The amendment does not increase the number of lots; and
4. The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
(B) Notices; review action.
(1) The approval and issuance of an amending plat shall not require notice, hearing or approval of other lot owners.
(2) The Zoning Administrator shall:
(a) Initiate review of the plat and materials submitted; and
(b) Request written comments from other municipal departments and/or outside agencies, if deemed necessary.
(C) Approval action; decision. The Zoning Administrator shall:
(1) Determine whether the amending plat meets the regulations of this chapter;
(2) Act within 60 calendar days following the application’s official filing date, unless the applicant submits a waiver of right to 60-day action; and
(3) Take one of the following actions:
(a) Approve the amending plat;
(b) Approve the amending plat with conditions; or
(c) Defer the amending plat to the Planning Commission for consideration.
(D) Recordation.
(1) After approval of the amending plat, the Zoning Administrator shall procure the appropriate signatures on the plat.
(2) The Zoning Administrator shall then cause the amending plat to be recorded with the appropriate County Clerk.
(Ord. 382, passed 7-8-2021)