(A) Intent. The intent of a major subdivision process is to allow for all subdivisions of land that are not exempt.
(B) Major subdivision application and review procedure. The following is a brief overview of the major subdivision process. The complete details of the major subdivision process are provided throughout this section and subchapter.
(1) The petitioner submits an application for sketch plan review and the appropriate supportive materials for the review and comment of the Planning Director.
(2) The petitioner submits an application for preliminary plat approval and the appropriate supportive materials to the Planning Director for placement on the Plan Commission agenda.
(3) The petitioner corresponds with all applicable regulatory agencies for all other permits necessary. These may include, but are not limited to the following:
(a) The County Health Department;
(b) The County Resource Conservation District office;
(c) The County Surveyor and Drainage Board;
(d) The County Auditor's Office;
(e) The Lowell Police Department;
(f) The appropriate local fire district;
(g) The appropriate local school corporation;
(h) The Indiana Department of Transportation;
(i) The Indiana Department of Environmental Management;
(j) The Indiana Department of Natural Resources;
(k) The Town Engineer; and
(l) All applicable utility companies.
(4) The Planning Director places the request on the agenda for appropriate Technical Review Committee and Plan Commission meetings.
(5) The Technical Review Committee reviews the proposed subdivision and provides comments to the petitioner. The petitioner attends the Technical Review Committee meeting for the application and proposed plat to be reviewed.
(6) The petitioner revises the proposed Preliminary Plat and submits revised copies of all appropriate materials for use at the Plan Commission hearing.
(7) The petitioner provides public notice as specified in this subchapter. The petitioner permits the posting of a sign on the property giving notice of the proposal.
(8) The petitioner attends the Plan Commission public hearing for consideration of the preliminary plat.
(9) The petitioner submits an application for construction plan approval and the appropriate supportive materials to the Planning Director for review.
(10) The petitioner constructs the subdivision, coordinating the appropriate inspections with the Planning Director and other appropriate town officials and agencies. If conditions were attached to the preliminary plat approval, the petitioner must meet all conditions prior to final plat approval.
(11) The petitioner submits an application for final plat approval and all appropriate supportive materials to the Planning Director for review.
(12) The Technical Review Committee considers the final plat which, if approved, is certified by the President and Secretary of the Plan Commission and forwarded to the Town Council for consideration of the acceptance of the public improvements.
(13) The Town Board considers the acceptance of the public improvements and the signing of the final plat.
(14) The petitioner obtains any other required signatures and records the final plat in the office of the County Recorder. The petitioner supplies one copy of the recorded plat to the Planning Director for the records of the Plan Commission.
(C) Sketch plan application and review procedure.
(1) Application requirements. In order to begin the subdivision process the applicant shall file an application for sketch plan review with the Planning Director. This application shall:
(a) Be made on forms available at the Plan Commission office and be signed by the owner and developer and notarized;
(b) Be accompanied by the specified number of copies of a sketch plan which meets the requirements provided by this section;
(c) Be accompanied by a fee in the amount established by the adopted fee schedule;
(d) Be accompanied by the specified number of copies of an area map which includes an indication of all contiguous holdings of the owner of the property subject to the petition, including land in the same ownership, with an indication of the portion which is proposed to be subdivided.
1. The map shall include the dates the respective holdings of land were acquired, together with the book and page of each conveyance to the present owner as recorded in the County Recorder's office.
2. The map shall list the legal owner of the property, the contract owner of the property, optionee of the property, and the date on which any contract of sale was executed. If any corporations are involved, the Planning Director may request a complete list of all directors, officers, and a listing of stockholders if less than ten in number.
(2) Review procedure. The Planning Director shall review the application for sketch plan review and all supportive information and meet with the petitioner within 30 days of the receipt of the application. The Planning Director shall provide the petitioner with comments regarding the proposed subdivision and either approve, approve with recommended modifications, or recommend resubmittal of the application for sketch plan review.
(a) The Planning Director shall approve the sketch plan if it is conceptually consistent with the requirements of this subchapter, the zoning code, and the comprehensive plan.
(b) The Planning Director shall approve the sketch plan with modifications if specific conceptual adjustments are needed to meet the requirements of this subchapter or the zoning code. The petitioner shall address the comments of the Planning Director on the preliminary plat for the proposed subdivision.
(c) The Planning Director shall recommend re-submittal of an application for sketch plan review if the proposed subdivision is conceptually inconsistent with the requirements of this subchapter, the zoning code, or the comprehensive plan. If re-submittal is recommended, the petitioner may provide a revised application to the Planning Director within 90 days of the date of the resubmittal application without a new application and fee being required.
(3) Review criteria. In taking into consideration the requirements of this process and subchapter, particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot size and arrangement, the further development of adjoining lands as yet unsubdivided, and the requirements of the applicable Thoroughfare Plan.
(4) Expiration of approval. The petitioner shall file an application for preliminary plat approval with the Planning Director within six months of the date of sketch plan review. If a preliminary plat approval application consistent with the requirements of this section is not made in this time period the sketch plan approval shall expire. The petitioner shall be required to submit a new application for sketch plan review, including all applicable fees, consistent with the requirements of this section.
(D) Specifications for sketch plan documents to be submitted. Sketch plans submitted to the Commission office, prepared in pen or pencil, shall be drawn to a convenient scale of not more than 100 feet to an inch and shall show the following information.
(1) Property name.
(a) The name of the subdivision if the subject property is within an existing subdivision;
(b) A proposed name if not within a previously platted subdivision. The proposed name shall not duplicate the name of any subdivision plat previously recorded nor for which primary approval is still in effect; or
(c) Name of property if no subdivision name has been chosen. (This is commonly the name by which the property is locally known.)
(2) Property ownership.
(a) The name and address, including telephone number, of the legal owner, the developer of the property or his/her agent, and citation of last instrument conveying titles to each parcel of property the developer involved in the proposed subdivision, giving grantor, grantee, date, and land records reference;
(b) Citations of any existing covenants on the property;
(c) The name and address, including telephone number, of the professional person(s) responsible for the subdivision design, for the design of the public improvements, and for surveys.
(3) Property description. The location of the property, the name of the local jurisdiction, lot, section, range and county, graphic scale, north arrow, and date.
(4) Development description.
(a) The location of property lines, existing easements, railroad rights-of-way, watercourses, and existing wooded areas, and the location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract;
(b) The location and sizes of existing sewers, water mains, culverts, and other underground structures within the tract and immediately adjacent thereto; existing permanent buildings and utility poles on or immediately adjacent to the site and utility rights-of-way;
(c) Approximate topography, at the same scale as the sketch plan (normally showing two- foot contour intervals, but the Planning Director may require one-foot intervals on very flat land or permit five-foot intervals on very steep slopes);
(d) The approximate location and widths of proposed streets;
(e) Preliminary proposals for connection with existing water supply and sanitary sewage systems (or alternative means of providing water supply and sanitary waste treatment and disposal) and preliminary provisions for collecting and discharging surface water drainage;
(f) The approximate location, dimension, and areas of all proposed or existing lots shown in feet and in acres;
(g) The approximate location, dimension, and areas of all parcels of land proposed to be set aside for open space, or for another use of property owners in the proposed subdivision;
(h) The location of temporary stakes to enable the Planning Director to find and appraise features of the sketch plan in the field.
(5) Vicinity map. A vicinity map showing streets and other general development of the surrounding area.
(6) Contiguous holdings description. Whenever the sketch plan covers only a part of an applicant's contiguous holdings, the applicant shall submit, at the scale of no more than 200 feet to the inch, a sketch of the proposed subdivision area, together with its proposed street system, and an indication of the probable future street and drainage system of the remaining portion of the property.
(E) Preliminary plat application and review procedure.
(1) Application requirements. The applicant shall file an application for preliminary plat approval and the specified number of copies with the Planning Director. This application shall:
(a) Be made on forms available at the Plan Commission office and be signed by the owner and developer and notarized;
(b) Be accompanied by all required approvals of the Town Engineer;
(c) Be accompanied by the specified number of copies of a preliminary plat meeting the requirements provided by this section;
(d) Be accompanied by a fee in the amount established by the adopted fee schedule; and
(e) Be accompanied by a copy of all comments received from the appropriate local utility providers. (At a minimum, the subdivider shall provide an affidavit indicating that a copy of the proposed preliminary plat has been provided to all appropriate local utilities).
(2) Processing standards. No application shall be processed until the application is filled out correctly and all applicable attachments are presented to the Planning Director. No docket number shall be released until all applicable fees have been paid for the application.
(3) Meeting dates established. In accordance with I.C. 36-7-4-705, the Planning Director shall announce the date of a hearing before the Plan Commission within 30 days after receipt of a final and complete application. The dates of the Technical Review Committee meeting and Plan Commission hearing shall be based on the adopted calendar of meeting and filing dates and shall be based on the date upon which the application for preliminary plat approval is filed with the Planning Director.
(4) Technical Review Committee. The Planning Director shall place the application for preliminary plat approval on the agenda for the applicable meeting of the Technical Review Committee.
(a) In reviewing the application, the Technical Review Committee shall consider the provisions of this subchapter, the zoning code, and other applicable adopted requirements.
(b) The Committee shall make comments regarding the application. Based on those comments, the Planning Director shall either forward the application to the Plan Commission or require further review.
1. The Planning Director shall forward the application for preliminary plat approval to the Plan Commission if addressing the comments made will not require the applicant to significantly alter the layout of streets, lots, utility systems, topography, or other proposed subdivision features. The applicant shall revise the preliminary plat consistent with the comments received from the Committee and supply revised application materials and the specified number of copies to the Planning Director in preparation for the Plan Commission hearing by the date specified on the adopted calendar of meeting and filing dates.
2. The Planning Director shall require further review of the application for preliminary plat approval if addressing the comments made will require significant alterations in the layout of streets, lots, utility systems, topography, drainage ways, or other proposed subdivision features. The application shall be placed on the agenda for further review at the next Technical Review Committee meeting. The applicant shall revise the preliminary plat consistent with the comments received from the Committee and supply revised application materials and the specified number of copies to the Planning Director in preparation for further review by the Technical Review Committee by a date specified on the adopted calendar of meeting and filing dates.
(5) Notice of public hearing. Notice of public hearing shall be given in accordance with the requirements of § 155.191 prior to the Plan Commission meeting when the proposed preliminary plat is to be heard.
(6) Plan Commission hearing. The Planning Director shall place all applications forwarded to the Plan Commission by the Technical Review Committee on the agenda for a public hearing at the appropriate Commission meeting based on the adopted calendar of meeting and filing dates.
(a) The Plan Commission shall hold a public hearing on the petition, considering the preliminary plat application materials, the report of the Technical Review Committee prepared by the Planning Director, and testimony from the petitioner and any interested parties. At the public hearing, the Plan Commission shall approve, approve with conditions, continue, or deny the application for preliminary plat approval.
1. The Plan Commission shall approve the preliminary plat if it is found to be completely consistent with the decision criteria provided by this section.
2. The Plan Commission shall approve the preliminary plat with conditions if it is generally consistent with the decision criteria, but specific minor modifications are required to meet all of the applicable requirements.
3. The Plan Commission shall table the preliminary plat consistent with the adopted rules and procedures of the Plan Commission.
(b) The Plan Commission shall deny the preliminary plat if it is found to be inconsistent with the decision criteria provided by division (E)(7) below and requires modifications that would result in changes to the layout of public improvements, lots, drainage systems, or other characteristics of the subdivision.
(c) The Plan Commission shall make written findings documenting its decision. The Planning Director shall return one copy of the application for preliminary plat approval and the plat to the petitioner with the date of approval, conditional approval, continuance, or disapproval and a copy of the written findings of the Commission within ten business days of the date of the decision. The Planning Director shall maintain one file copy of the preliminary plat application and plat.
(d) Approval of a preliminary plat by the Commission is not final approval of the subdivision.
(e) The approval of the preliminary plat shall expire 18 months from the date of the Commission's decision if the applicant has not proceeded with the development by applying for construction plan approval.
1. Extensions of time may be granted by the Plan Commission upon the request of the petitioner.
2. In the case of preliminary plats which are divided into sections for the purpose of a phased construction, the preliminary plat shall expire five years after the date of approval of the construction plans for the most recently developed section if construction plans for the subsequent section have not been approved and the installation of public improvements in that section commenced. Non-residential preliminary plats shall expire ten years from the date of approval.
(f) If the preliminary plat application is denied, the petitioner may not resubmit the same application for six months from the date of disapproval. Fees on a resubmitted preliminary plat application shall be the same as if it were an original submittal.
(7) Decision criteria. In reviewing applications for preliminary plat approval, the Plan Commission shall consider the following criteria.
(a) The degree to which the proposed preliminary plat is consistent with the provisions of the Comprehensive Plan;
(b) The degree to which the proposed preliminary plat is consistent with the requirements of this subchapter;
(c) The degree to which the proposed preliminary plat is consistent with the intent and standards of the zoning district in which it is located; and
(d) The degree to which the proposed preliminary plat is consistent with the all adopted construction standards for public improvements in the town, and standard engineering practices.
(F) Specifications for preliminary plat documents to be submitted. The proposed preliminary plat shall be prepared and certified by a land surveyor registered by the State of Indiana. It shall be designed on state plane coordinates, drawn at a scale of 100 feet to one inch on sheets not exceeding 24 inches by 36 inches in area. The proposed preliminary plat shall include:
(1) Property name.
(a) The name of the subdivision if the subject property is within an existing subdivision; or
(b) A proposed name if not within a previously platted subdivision. The proposed name shall not duplicate the name of any subdivision plat previously recorded nor for which preliminary plat approval is still in effect.
(2) Property ownership.
(a) The name and address, including telephone number, of the legal owner, the developer of the property or his/her agent, and citation of last instrument conveying titles to each parcel of property to the developer involved in the proposed subdivision, giving grantor, grantee, date, and land records reference;
(b) Citations of any existing covenants on the property;
(c) The name and address, including telephone number, of the professional person(s) responsible for the subdivision design, for the design of the public improvements, and for surveys.
(3) Property description.
(a) A dimensioned drawing of the parcel of land which is being subdivided, including any remaining tract;
(b) Subdivision boundary lines showing dimensions, bearings, and references to section, range and lines or corners.
(4) Development description.
(a) A legend and notes, including a graphic scale, north point, and data;
(b) The approximate location of existing or proposed septic systems including termination point and outlet of all perimeter drain systems and/or the municipal sanitary sewer system;
(c) The approximate location of any existing or proposed wells and/or the municipal water system;
(d) Preliminary plat approval certificate for signing by the Plan Commission President and Secretary;
(e) Lot numbers, including the location of monuments and the area for each lot (listed in square footage and acres), and the buildable areas of each lot per applicable zoning district setback requirements and any other regulatory or natural limitations;
(f) All existing and proposed easements including the location, width, and purpose of each easement;
(g) All existing and proposed streets and rights-of-way on and adjoining the site of the proposed subdivision showing the proposed names, roadway widths, approximate gradients, types and widths of pavements, curbs, and sidewalks;
(h) Any parcels of land proposed to be dedicated or reserved for common areas, schools, parks, playgrounds, or other public, semi-public, or community purposes;
(i) The location, size, and invert elevation of utilities existing and proposed adjacent to and on the site, including storm and sanitary sewers; water mains; electrical, telephone, and cable television lines; street lights; fire hydrants; and such other utilities as may be appropriate;
(j) The location(s) of any existing structure(s) on the site and a description of its future demolition or incorporation into the proposed subdivision;
(k) The location and results of tests, as required by any county, state, or federal government agencies made to ascertain subsurface soil, rock, and groundwater conditions;
(l) All proposed sidewalks or pedestrian trails;
(m) All locations of existing and proposed street lights and street signs;
(n) A statement of the expected demand of the subdivision for capacity at the applicable waste water treatment facility;
(o) All proposed landscaping, signage, development entrance features, screening, and attempts at preserving natural terrain and open space. (The Plan Commission, Technical Review Committee, or Planning Director may request a landscaping plan or buffering plan, prepared by a registered landscape architect, architect, surveyor, or engineer to be submitted on a separate sheet);
(p) The estimated traffic count increase on adjacent streets resulting from the proposed development; a description of type and condition of roads serving the subdivision site; the total number of motor vehicles expected to use or be stationed in the subdivision; and a description of on and offsite parking to be supplied.
(5) Subdivision phasing description. If the preliminary plat is to be divided into sections for the phasing of development, the preliminary boundaries and numbers of such sections shall be shown. In no case may any section contain less than 10% of the proposed lots.
(6) Subdivision covenants. Any protective covenants applicable to the subdivision shall be prepared by the petitioner and be legally sound. Covenants shall be incorporated in the plat and subject to the approval of the Commission. At a minimum, covenants shall provide a means for the maintenance and upkeep of drainage swales and other drainage facilities and any common areas or entry features.
(7) Contiguous holding description. Whenever the preliminary plat covers only a part of a petitioner's contiguous holdings, the petitioner shall submit, at the scale of no more than one inch equals 200 feet, a sketch of the entire holding, including the proposed subdivision area, showing an indication of the probable future street and drainage systems, for the remaining portion of the tract.
(8) Soils description. On a separate sheet, a soils map shall be provided showing soil boundaries and their identification, the existing and proposed street pattern, any mineral resource areas, and 100-year floodplains.
(9) Drainage plan and report. The subdivider shall provide a drainage report describing the existing and proposed drainage conditions and evaluating the ability of the proposed water courses, channels, drainage tiles, farm tiles, storm sewers, culverts, and other improvements to accommodate the additional run-off generated by the proposed subdivision.
(a) Drainage report. A registered professional engineer or land surveyor shall prepare the report, which shall include:
1. The conditions of the watershed which may affect run-off, such as subsoil type, positive drainage and obstructions;
2. The location of all subsurface known drainage tiles and a plan to preserve or relocate the tiles;
3. Estimates of the water entering the subdivision (computations for major drainage ways shall assume that the upper watershed has been developed according to current growth estimates);
4. A description of minor and major drainage systems. The minor drainage system shall consist of storm sewers, drainage ditches, grassed swales, and storm inlets or infiltration structures. The major system shall consist of roadways, culverts, bridges, and drainage flow-ways.
(b) Watershed map. On a separate sheet, a watershed map complementing the drainage report using current LIDAR contour information shall be provided, showing:
1. The delineation of the drainage area in which the subdivision is located;
2. The location of drainage courses and the existing direction of surface water flow within the drainage area.
(c) Drainage plan description. On a separate sheet, a description of drainage/topography/ natural environment complementing the drainage report shall be provided which includes the following information:
1. The location of wetlands and impacted drainage areas;
2. The location of natural streams, regulated drains, 100-year flood plains and flood ways;
3. The location of any existing or proposed subsurface drain tile, structures, culverts, or swales;
4. A map noting significant physical and topographical features of the tract. This map shall also show the proposed direction of the flow of surface water runoff from the site;
5. A preliminary drainage plan showing the proposed storm water drainage system to an improved outlet. The plan shall include surface drainage system, storm sewer systems, subsurface drainage systems, and storm water detention facilities. Arrows designating the general drainage of all streets and lots shall be included.
(10) Vicinity description. On a separate sheet a vicinity map must be submitted that includes the following information:
(a) Location of the proposed subdivision within the town;
(b) Existing subdivisions and lots adjacent to or within 200 feet of the proposed subdivision. The owners of each of these tracts shall be identified on the drawing with the date and book and page (or instrument number) of the last conveyance of ownership;
(c) Existing schools, parks, playgrounds, or other similar public facilities that will serve the proposed subdivision;
(d) Location and size of all utilities adjacent to or within 200 feet of the subdivision site, including sanitary and storm sewers, gas lines, electric lines, telephone lines, water mains, fire hydrants, and cable television lines;
(e) All public thoroughfares/rights-of-way adjacent to or within 200 feet of the site;
(f) Existing streets and rights-of-way on and adjoining the site of the proposed subdivision showing the names, roadway widths, approximate gradients, surface types, and widths of pavements and curbs;
(g) Existing zoning of the tract and all contiguous tracts surrounding the proposed subdivision;
(h) All section and municipal corporate boundaries lying within or contiguous to the tract.
(11) Engineering feasibility report. A feasibility report prepared by a registered professional engineer or land surveyor covering sewage, water, and drainage facilities for the subdivision shall be provided which includes, but is not limited to, the following:
(a) Utility systems. A description of the feasibility of connecting to existing storm and sanitary sewers and water supply. This portion of the report shall include the distance from the nearest public sewer and the capacity of the existing system intended to handle the additional waste load.
(b) Street construction. A preliminary report on the types of street construction based on the specifications provided by this subchapter and any additional requirements of the Town Engineer.
(G) Construction plan application and review procedure.
(1) Application requirements. It shall be the responsibility of the petitioner to prepare and have certified, by a registered land surveyor or licensed engineer in the State of Indiana, a complete set of construction plans, including profiles, cross-sections, specifications, and other supporting data for all required public streets, utilities, and other facilities. The applicant shall file an application for construction plan approval and the specified number of copies with the Planning Director. This application shall:
(a) Be made on forms available at the Plan Commission office and be signed by the owner and developer and notarized;
(b) Be accompanied by the specified number of copies of the construction plans meeting the requirements provided by this section; and
(c) Be accompanied by a fee in the amount established by the adopted fee schedule.
(2) Processing standards. No application shall be processed until the application is filled out correctly and all applicable attachments are presented to the Planning Director.
(3) Technical Review Committee. The Planning Director shall place the application for construction plan approval on the agenda for the applicable meeting of the Technical Review Committee and distribute copies of the submittals to the Committee members.
(a) The applicant shall be responsible for obtaining the necessary approvals of utility providers, or other county, state, or federal agencies not represented on the Technical Review Committee.
(b) In reviewing the application, the Technical Review Committee shall consider whether or not the construction plans meet the requirements of this subchapter and any other adopted and applicable construction standards or common engineering practices, and are consistent with the approved preliminary plat.
(c) The Committee shall make comments regarding the application and either approve, approve with modifications, table and recommend modifications, or deny the construction plan approval request.
1. The Committee shall approve the construction plans if they are consistent with the approved preliminary plat and all applicable provisions of this subchapter, other applicable construction standards, and common engineering practices.
2. The Committee shall approve the construction plans with modifications if minor modifications are required for the plans to be consistent with the approved preliminary plat and all applicable provisions of this subchapter, other applicable construction standards, and common engineering practices. Minor modifications are those which can be adequately agreed upon by the Committee and the applicant at the Technical Review Committee meeting and which do not impact other aspects of the subdivision's construction which would require subsequent review. The specified modifications shall be made by the petitioner and the specified number of construction plan sets provided to the Planning Director within 90 days of the Committee meeting.
3. The Committee shall table and recommend modifications to construction plans which require significant modifications to be consistent with the approved preliminary plat and all applicable provisions of this subchapter, other applicable construction standards, and common engineering practices. The petition shall be placed on the agenda for the next applicable Technical Review Committee meeting. The petitioner shall provide the specified number of revised sets of construction plans to the Planning Director for review prior to that meeting consistent with the adopted calendar of meeting and filing dates.
4. The Committee shall deny the Construction Plans if they are found to be generally inconsistent with the approved Preliminary Plat and any applicable provisions of this subchapter, construction standards, and common engineering practices. Applicants may again apply for construction plan approval following a denial, and shall be required to pay all applicable fees consistent with the procedure for original petitions established by this section.
(d) Upon approval of construction plans by the Technical Review Committee, the Planning Director shall mark one set as "approved" and return it to the applicant with an improvement location permit issued pursuant to the Building Code for the approved construction.
(H) Specifications for construction plan documents to be submitted. The construction plans shall be based on the approved preliminary plat. Construction plans shall be prepared for all required improvements. Construction plans shall be submitted in both paper (hard copy) and electronic format. Plans shall be drawn on standard 24-inch by 36-inch sheets at a scale of no less than one inch equaling 50 feet. The plans shall show the following:
(1) A map noting significant physical and topographical features of the tract. For plats containing more than two lots, a topographical map at typical intervals of two-foot contours, which shall be extended 100 feet beyond the boundary lines of the proposed tract, shall be submitted. This map shall also show the direction of the flow of surface water runoff to and from the site.
(2) Profiles showing existing and proposed elevations along center lines of all streets. Where a proposed street intersects an existing street or streets, the elevation along the center line of the existing street or streets within 100 feet of the intersection shall be shown. Radii of all curves, lengths of tangents, central angles on all streets, and the intersection details shall be shown.
(3) The Planning Director may require, where steep slopes exist, the cross-sections of all proposed streets.
(4) Plans and profiles showing the location and typical cross-section of streets including curbs, gutters, sidewalks, rights-of-way, drainage facilities, manholes, and catch basins. Plans shall also show the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, water lines, gas, and fire hydrants, showing connection to any existing or proposed utility systems.
(5) Location, size, elevation, and other appropriate descriptions of any other existing physical and natural features or facilities including features noted on the official map of local government, trees, the points of connection to proposed facilities and utilities, and the approximate high- and low-water elevations of all ponds, lakes, and streams.
(6) Any other construction details required to be shown by the Planning Director, Town Engineer, or Technical Review Committee.
(I) Completion of improvements. The petitioner shall obtain from the Town Council information regarding the current policies regarding the installation and inspection of public improvements. The applicant shall construct the subdivision, or section thereof, consistent with the approved construction plans, and the policies and procedures of the appropriate inspecting agencies or persons. No site work or earthwork shall be allowed until an improvement location permit has been issued.
(1) All required improvements shall be made by the petitioner, at his/her expense, without reimbursement by the local government or any improvement district therein.
(2) The petitioner shall be required to maintain at his/her expense a licensed civil engineer or surveyor who shall certify that the subdivision construction is in compliance with the approved construction plans at the time the final plat approval request is submitted to the Planning Director.
(3) If the Planning Director or Town Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the construction standards and specifications, the petitioner shall be responsible for correcting any errors in construction and completing the improvements in accordance with such standards and specifications. Wherever the cost of improvements is covered by a performance surety, the petitioner and the bonding company shall be severally and jointly liable for completing the improvements according to the appropriate specifications.
(J) Final plat application and review procedure.
(1) Application requirements. The applicant shall file an application for final plat approval and the specified number of copies with the Planning Director. This application shall:
(a) Be made on forms available at the Plan Commission office and be signed by the owner and developer and notarized;
(b) Be accompanied by the specified number of copies of the final plat meeting the requirements provided by this section;
(c) Be accompanied by the original documents and the specified number of copies of the surety required by this subchapter for all public improvements;
(d) Be accompanied by "as-built" drawings showing the location, dimensions, and materials used to construct all improvements within the subdivision;
(e) Be accompanied by a computer disk containing an electronic version of the final plat and "as built" drawings in a format specified by the Planning Director;
(f) Be accompanied by the specified number of copies of a map showing the locations of all street signs, street lights, and fire hydrants. Also included shall be a check reimbursing the town for any costs associated with street sign installation as adopted by the Town Council;
(g) Be accompanied by a fee in the amount established by the adopted fee schedule.
(2) Processing standards. No application shall be processed until the application is filled out correctly and all applicable attachments are presented to the Planning Director.
(3) Technical Review Committee. The Planning Director shall place the application for final plat approval on the agenda for the applicable meeting of the Technical Review Committee and distribute copies of the submittals to the Committee members.
(a) In reviewing the application, the Technical Review Committee shall consider whether or not the proposed final plat drawing, the public improvements, and the surety provided is consistent with the approved preliminary plat, the approved construction plans, and the requirements of this subchapter and any other applicable improvement standards and processes.
(b) The Committee shall review all final plat approval materials submitted in a meeting with the applicant, and shall either approve, table and require modification, or deny the final plat application.
1. The Committee shall approve the final plat if all required application materials are provided in a manner consistent with this subchapter and any other adopted procedures of the town.
2. The Committee shall table and require modifications of the final plat application if additional information is needed or modifications are required for the final plat drawing or the accompanying materials to be consistent with the approved preliminary plat, construction plans, and/or the requirements of this subchapter.
3. The Committee shall deny the final plat if the application materials are inconsistent with the approved preliminary plat or construction plans.
(4) The Planning Director shall sign the final plat as an indication of the Technical Review Committee approval. The approval of the final plat by the Technical Review Committee shall be certified on behalf of the Plan Commission by the President and Secretary who shall affix their signatures to the final plat original and all other relevant documents which also may require such signatures.
(5) If the Committee disapproves the final plat, the Planning Director shall make written findings and notify the petitioner in writing, stating the specific reasons for disapproval. This written notice shall be certified by the signature of the President and Secretary of the Plan Commission. The applicant may not reapply for final plat approval prior to six months from the date of the denial. Reapplication shall be through the process for original applications described in this section.
(6) Approval of the final plat shall be effective for a maximum period of one year from the date of approval unless it is signed and recorded as required by this subchapter. An extension of time may be approved by the Plan Commission, upon the request of the petitioner.
(K) Specifications for final plat documents to be submitted.
(1) All final plats shall be shown at a scale and shall include the following information on a sheet meeting the requirements of the County Recorder:
(a) Accurate boundary lines, with dimensions and angles, which provide a survey per state statute in state plane coordinates;
(b) Accurate distances and directions to the nearest official monument. Reference corners shall be accurately described on the plat;
(c) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract;
(d) Accurate metes and bounds description of the tract boundary;
(e) Source of title of petitioner to the land as shown by the last entry in the books of the County Auditor;
(f) Name of subdivision followed by the words "Final Plat;"
(g) Name, address, and phone number of the petitioner;
(h) North point, graphic scale, and date;
(i) Street names;
(j) Complete curve table for all curves included in the plat;
(k) Street lines with accurate dimensions in feet and hundredths of feet with angles to street, alley, and lot lines. Radii, points of curvatures, tangent bearings, and lengths of all arcs of street lines shall be provided;
(l) Lot numbers and dimensions including the square footage of each lot;
(m) Accurate locations of easements, description of their use, and any limitations on such semi-public or community use;
(n) Accurate dimensions for any property to be dedicated or reserved for public, semi-public, or community use, including sidewalks, bikeways, and other recreational ways;
(o) Building lines and setback dimensions throughout the subdivision;
(p) Location, type, material, and size of all monuments and markers;
(q) Construction plans and specifications for the improvements required by this subchapter;
(r) Restrictions of all types which will run with the land and become covenants in the deeds for lots;
(s) Certification by a registered land surveyor;
(t) Certification by the petitioner(s) and lien holder(s) (if any) of dedication of streets and other public property, and an agreement executed by the petitioner(s) to make and install all improvements in accordance with the plans and specifications approved by the Commission and accompanying the final plat;
(u) Certificate of approval by the Planning Director and Plan Commission.
(2) All final plats shall also show any other information or data requested by the Director necessary to clarify conditions and terms of plat approval.
(L) Acceptance of public improvements.
(1) Approval of the final plat and certification by the Plan Commission shall not be deemed as an acceptance of any public improvements by the town. Following the signing of the final plat by the Plan Commission President and Secretary, the Planning Director shall place the application on the agenda of the Town Council.
(2) The Council shall review the application materials, the Technical Review Committee report prepared by the Planning Director, and the condition of the public improvements and surety. The Council shall consider input from the Town Attorney, Town Engineer, and the town departments responsible for the maintenance of the improvements.
(M) Recording of plat.
(1) It shall be the responsibility of the petitioner to file the approved and signed final plat with the County Recorder within 30 days of approval. Simultaneously with the filing of the final plat, the petitioner shall record any agreements of dedication together with any other legal documents as shall be required to be recorded by the Plan Commission or other applicable governmental agency. The filing and recording of a plat is without legal effect unless signed by the Plan Commission's president and secretary and the Town Council.
(2) The applicant shall be required to submit a mylar copy of the recorded final plat to the Planning Director for the records of the Plan Commission. No improvement location permits shall be issued for any lot in the subdivision until such a copy is provided.
(N) Permit restrictions.
(1) No improvement location permit shall be issued by the Planning Director, or his agent, for any structure on any subdivision lot prior to addresses being approved, and the installation and completion of all facilities, including grading, as shown on the plans approved by the Commission; except in the case of an asphalt road surface, sidewalks, and street trees, as specified below.
(a) The installation of the final asphalt road surface coat may, subject to the approval of the Town Engineer, be postponed until the end of the maintenance period.
(b) The installation of street trees and sidewalks may be delayed until structures are completed on each lot.
(2) No structure shall receive a certificate of occupancy until the required sidewalk and street trees are installed on the lot.
(3) All street trees and sidewalks and the final coat of asphalt shall be installed prior to the release of performance surety and the acceptance of those improvements for maintenance.
(Ord. 2013-02, passed 3-11-13; Am. Ord. 2015-24, passed 9-14-15)