The purpose of the record plat is to create a record document which accurately describes the subdivided land, both as to accurate dimensions, and as to legal provisions, which are pertinent to the subdivision. Much of the reason for this step is to make the transfer of land more certain and simple. Land sales by reference to a legally filed plat are generally less complicated and more likely to provide the precise legal situation sought. The certainty of such sales derives from the assurance of an accurate survey and processes designed to assure the provision of facilities necessary to service the land.
(A) General procedure.
(1) Minor subdivision. Plats having been classified and approved by the MAPC as minor subdivisions shall be approved by the governing body prior to being recorded by the County Clerk. The applicant shall submit the plat to the secretary of the MAPC who shall have it placed on the agenda of the next regular meeting of the appropriate governing body. A certificate of approval by the Metropolitan Area Planning Commission shall be affixed to the plat and endorsed by the secretary of the MAPC. If the record plat is disapproved, grounds for this refusal shall be stated in writing, a copy of which shall be transmitted with the plat to the applicant. The reasons for disapproval shall refer specifically to those parts of this chapter or the comprehensive plan with which the plat does not comply.
(2) Major subdivisions. Application for approval of record plats for major subdivisions shall be submitted to the secretary of the MAPC for approval by the governing body. Such applications shall be made not less than 12 days before the governing body meeting at which it is to be considered. The secretary shall determine that the provisions of the preliminary plat and requirements of this chapter are met and obtain the signature of the MAPC Chairperson on the plat. It will then be placed on the agenda for governing body approval. However, record plats which deviate from the provisions of the preliminary plat as determined by the municipal Planning Commission (MPC) Chairperson must first be approved by the MPC before submission to the governing body. Approval by the governing body shall constitute authorization for filing the record plat with the County Clerk as well as acceptance of public ways and service and utility, easements and lands dedicated to public use. It shall also constitute acceptance of these public improvements installed or in place at the time of submission. The disapproval of any plat by the governing body shall be deemed a refusal of the proposed dedications thereon. The governing body shall act on the plat within 30 days of its official submission date or it shall be deemed to be approved. The record plat shall be filed in the office of the County Clerk within two years from the date of approval or it shall be considered as having been voided.
(B) Application requirements. The application for approval of a record plat shall be made on forms available from the Secretary of the MAPC and submitted in duplicate. The application shall be accompanied by:
(1) Record plat drawings consisting of:
(a) The original drawing made with India ink on a good grade linen tracing cloth or a print on a stable polyester base film made by photographic processes from a film scribing tested for residual hypo with an approved hypo testing solution to assure permanency; and
(b) Three line prints, one of which shall be on cloth.
(2) One copy of the proposed restrictive covenants;
(3) Two sets of as built plans for all the improvements installed and to be accepted. As built plans shall be certified and signed by an engineer registered in the state;
(4) A filing fee, as provided for record plats in § 159.036(F) of this chapter;
(5) An inspection fee, as provided for in § 159.068 of this chapter; and
(6) All required bonds or assurances for completion or maintenance as provided for in § 159.066 of this chapter.
(C) Drafting. Any plat submitted for recording shall have the following specifications.
(1) The dimensions of the plat shall be 24 inches by 36 inches and shall be drawn to a minimum scale of one inch equals 100 feet; except that plats in which all lots contain an area in excess of 40,000 square feet, the plat may be drawn to a scale of one inch equals 200 feet.
(2) The drawing surface of the plat shall have a binding margin of two inches on the left side of the plat, a margin of not less than one inch at the right side, and a margin of not less than one and one-half inches at the top and bottom.
(D) Contents of record plat. The record plat shall show:
(1) A key map showing the location of the subdivision referenced to government survey section lines and major streets. If more than two sheets are required, the key map shall show the sheet number for each area;
(2) The location and description of all section corners and permanent survey monuments in or near the tract, to at least one of which the subdivision shall be referenced;
(3) The length of all required lines dimensioned in feet and hundredths thereof, and the value of all required true bearings and angles dimensioned in degrees and minutes, as hereafter specified;
(4) The boundary lines of the land being subdivided fully dimensioned by lengths and bearings, and the location of boundary lines of adjoining lands, with adjacent subdivisions identified by official names;
(5) The lines of all proposed streets fully dimensioned by lengths and bearings or angles;
(6) The radii, arcs, points of tangency, points of intersection and central angles for curvilinear streets and radii for all property returns;
(7) The lines of all proposed alleys. Where the length or direction of an alley is not readily discernible from data given for lot and block lines, the length and bearing shall be given;
(8) The widths and names, where appropriate, of all proposed street rights-of-way and alleys, and of all adjacent streets, alleys and easements which shall be properly located;
(9) The lines of all proposed lots fully dimensioned by lengths and bearings or angles, except that where a lot line meets a street line at right angles, the angle or bearing value may be omitted;
(10) The outline of any property which is offered for dedication to public use fully dimensioned by lengths and bearings with the area marked “Public”;
(11) The blocks numbered consecutively throughout the entire subdivision and the lots numbered consecutively throughout each block, with areas to be excluded from platting marked “Reserved” or “Not a Part”;
(12) The location of all building lines, setback lines and easements for public services or utilities with dimensions showing their locations;
(13) The proper acknowledgments of owners;
(14) The following which shall be made and shown on the original:
(a) Owner’s certificate and dedication, signed;
(b) Registered land surveyor’s certificate of survey, signed and his or her seal;
(c) Certificate for release of mortgage for any portion dedicated to the public;
(d) Reference to any separate instruments, including restrictive covenants, filed in the office of the County Recorder of Deeds which directly affect the land being subdivided;
(e) Certificate of Planning Commission approval;
(f) Certificate of governing body acceptance of ways, easements and public land dedications; and
(g) Treasurer’s certificate.
(15) A title which shall include:
(a) Name of the subdivision;
(b) Name of city, county and state; and
(c) Location and description of the subdivision referenced to section, range, township.
(16) When individual sewage disposal devices have been installed, the certificate of the city or county health department shall accompany the plat.
(E) Parks. The park land fee required in § 159.090 of this chapter shall be submitted to the Planning Department prior to the release of the record plat for recording.
(F) Recording. No record plat or other land subdivision instrument shall be filed in the office of the County Clerk until it shall have been approved by the MAPC or governing body as required. All record plats shall be filed within two years of the date of approval, and no lots may be sold from such plat until recorded.
(Prior Code, § 11-3-5) (Ord. 594, passed 8-5-1997)