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(A) I.C. 36-7-4-709: Secondary approval of plat before completion of improvements.
(1) Secondary approval under I.C. 36-7-4-710 may be granted to a plat for a subdivision in which the improvements and installations have not been completed as required by this chapter.
(2) Any money received from a bond or otherwise shall be used only for making the improvements and installations for which the bond or other proof of financial responsibility was provided. This money may be used for these purposes without appropriation. The improvement or installation must conform to the standards provided for such improvements or installations by the municipality in which it is located, as well as this chapter.
(3) The Plan Commission shall, by rule, prescribe the procedure for determining whether all improvements and installations have been constructed and completed as required by this chapter. The rule must designate the person or persons responsible for making the determination. (I.C. 3-7-4-709 as added by Acts 1981, Pub. L. 309 section 23; 1982, Pub. L. 211 section 13; Pub. L. 337-1985 section 1).
(B) I.C. 36-7-4-710: Secondary approval of plat; filing and recording.
(1) The Plan Commission may grant secondary approval of a plat under this section or may delegate to the Plat Committee or staff the authority to grant such secondary approvals.
(2) Secondary approval may be granted, after expiration of the time provided for appeal under I.C. 36-7-4-708.
(3) No notice or hearing is required, and the provisions of this series concerning notice and hearing do not apply to secondary approvals.
(4) A plat of a subdivision may not be filed with the auditor, and the recorder may not record it, unless it has been granted secondary approval and signed and certifies by the official designated in this chapter governing the area. The filing and recording of the plat is without legal effect unless approved by the Plan Commission or Committee. (I.C. 36-7-4-710)
(C) Record plat. Upon completion of all required improvements or posting of appropriate securities as stipulated in § 153.024, the subdivider shall prepare a record plat which shall conform to the requirements set forth in division (D) of this section.
(1) Filing. Shall be in accordance with the procedure set forth in Appendix A.
(2) Review. The Plan Commission shall check the record plat as to its compliance with the standards and requirements set forth in this chapter. Review shall be in accordance with the procedure established in Appendix A.
(3) Final approval. After fees required by this chapter have been paid and a copy of the final record plat has been received by the Plan Commission from the City Engineer, and provided that the record plat is found to conform with the primary plat as tentatively approved or modified, the Plan Commission shall approve the final record plat and shall enter such approval thereon in writing by its Secretary. Approval shall be null and void if the plat is not recorded within 12 consecutive calendar months after approval by the Plan Commission.
(4) Acceptance of dedications. Approval of dedications shall be in accordance with the provisions of § 153.066.
(5) Recording. The Secretary of the Plan Commission shall notify the subdivider of the final action of the Plan Commission in writing.
(6) Subdivider to submit tracing. The subdivider shall furnish either the original tracing or a sepia or other acceptable reproducible drawing to the Plan Commission.
(D) Contents of record plats. All record plats shall include the following:
(1) Scale, north arrow, and medium of drawings. The record plat shall be drawn at a scale of 50 feet to the inch, and the scale shall be indicated graphically on the plat along with a north arrow. All plats shall be drawn on linen tracing cloth or similar durable material on a sheet or sheets 24 inches wide by 36 inches long. When more than one sheet is used for any plat, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets. There shall be a binding margin of 1-1/2 inches on the left side of the 36-inch length and one-inch margins on all other sides.
(2) Plat title.
(a) Name of subdivision. The name of the subdivision.
(b) Location. The tract designation by section, range, township, county, and state.
(c) Owners of record. The names and addresses of the owner or owners of record, the subdivider and the engineer or surveyor.
(d) Date. Date of plat preparation.
(3) Dimensions, bearings, boundaries, and the like.
(a) Boundary of plat. All plat boundaries with lengths of courses to hundredths of a foot and bearings to half minutes. The error of closure shall not exceed one to 5,000. Boundaries shall be determined by an accurate survey in the field. When required, all closure calculations shall be submitted to the City Engineer.
(b) Recorded streets. The names, exact location and width along the property lines of all existing or recorded streets intersecting or paralleling and adjacent to the plat boundaries.
(c) Abutting tracts. Names of adjacent subdivisions and names of record owners of adjacent parcels of unplatted land.
(d) Bearings; distances. Monuments shall be located and accurately described on the plat by bearings and distances to the nearest established street line, section line, county line, subdivision or record, and the like, where applicable.
(e) Corporate limits and section boundaries. Any section lines, corporation lines or recognized monuments shall be located and accurately described on the plat.
(f) Permanent monuments. Accurate description of location, material and size of all reference monuments shall be carried out in accordance with the requirements set forth as follows: all exterior corners of the subdivision shall be marked with 48 inches long by 6 inches square, concrete monuments, pre-cast with a 3/4-inch (No. 6) steel reinforcing bar cast full length in the muddle of the monument. Monuments shall be set flush with the finished grade. All internal corners shall be monumented with ½-inch diameter (No. 4) steel reinforcing bars with a plastic surveyor's cap as required by the Indiana Code.
1. Streets and walkways. Names and exact location bearings, angles of intersection, and widths of all streets and crosswalks within the plat.
2. Easements. All easements for rights-of-way provided for public services, utilities, surface drainage, cable television, and any limitations of such easements.
3. Lot lines. All lot numbers and lines, with accurate dimensions in feet and hundredths, and with bearings or angles related to street and crosswalk lines.
4. Lengths of curves. Lengths of all arcs, radii points of curvature and tangent bearings or other information required by the County Recorder.
5. Dedication or reservation lines. Accurate boundaries of any areas to be dedicated for public use, with the purposes indicated thereon; and of any area to be reserved by deed covenant for common use of all property owners in the subdivision.
(4) Restrictions, certifications, protective covenants, acceptance.
(a) Restrictive covenants. Private restrictions, if any, including boundaries of each type of use restriction, and other private restriction for each definitely restricted section of the subdivision.
(b) Owner's acknowledgment. The owner shall acknowledge the plat and all contents and restrictions shown thereon before an officer authorized to take the acknowledgment of deeds, which officer shall certify his or her official act on the plat, as per Appendix E.
(c) City Engineer certificate. Certification by the City Engineer as per Appendix E.
(d) Utility Director certificate. Certified by the Utility Director as per Appendix E.
(e) Plan Commission certificate. The Secretary of the Plan Commission shall certify that the plat meets all applicable requirements, and the certificate shall be attached to the final plat, as per Appendix E.
(f) Common Council certificate. Certification by Common Council, as per Appendix E.
(g) Certification by surveyor. Certification by a land surveyor registered in the State of Indiana attesting to the accuracy of the survey made by him or her, that all monuments shown thereon actually exist, and that in attesting he or she has fully complied with the requirements of I.A.C. Rule 12.
(h) Data. The developer shall provide the data on a 3.5" DOS formatted disk or other approved formatted disk tied to the city's horizontal and vertical control datum. If no city datum is available in the area proposed for development, then the developer shall use U.S.G.S. datum of the state plane coordinate system of the State of Indiana. The digital data shall be in a current Autocad (DOS) format or other format approved by the City Engineer.
(i) Acceptance of dedicated land. Space for statement of the city's acceptance of land dedicated by the owner for street or other public areas with lines for signature and date.
(Ord. - -, passed - -) Penalty, see § 153.999