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(A) All land to be divided shall be categorized into one of three main classes of land division indicated in this chapter’s definition of subdivision. These classes are:
(1) Major subdivisions;
(2) Minor subdivisions; or
(3) Exempt divisions.
(B) For the purpose of this chapter, a lot is created on the date of its recording. Before any permit shall be granted for a structure to be erected on land to be subdivided into a major subdivision, minor subdivision, or exempt division the subdividing owner or his or her subdivision agent must get for secondary approval of the proposed subdivision or exempt division in accordance with this chapter as appropriate.
(Ord. passed - -)
(A) General procedure for Exempt I divisions. In order for a land division to be considered an Exempt I division, the information prescribed for the applicable type of division under division (B) of this section shall be submitted to the Administrator.
(B) Exempt I divisions.
(1) Information required for each exempt division.
(a) For type “A” subdivisions a metes and bounds legal description of the exempt division and the land from which it is being divided must be provided.
(b) For type “B” subdivisions the original legal description and revised legal descriptions must be provided.
(c) For type “C” subdivisions a copy of the court decree showing by legal description how the land is to be divided must be provided.
(d) For type “D” divisions a legal description and plot plan showing the parcel and the location of the street right-of-way must be provided.
(e) For type “E” divisions a legal description and plot plan showing the tract to be divided and a plot plan of the tract(s) to be added to must be provided.
(f) For type “F” divisions a plat of the cemetery showing the layout of the private drives, parking areas, and size of burial lots must be provided.
(2) Exempt division review process. Within three working days of the land divider’s complete submission of Exempt I divisions, the Administrator shall review the submission and notify the land divider that his proposed land division either qualifies or does not quality.
(3) Necessary conditions for Exempt I divisions. In addition to definition requirements, a land division qualifying as an Exempt I division shall be shown as meeting the following conditions:
(a) If a parcel created by such an exempt division does not have sanitary sewer service available to it, that tract shall contain within its boundaries sufficient soil of a kind defined by the Indiana State Board of Health or its successor to allow for the proper installation of an on-site sewage disposal system;
(b) If a parcel created by an Exempt I Division has a frontage on a public road, the land divider shall dedicate to the public real property of a width sufficient to meet one-half of the required right- of-way width for that specific public road as indicated on the County Thoroughfare Plan or the Official Map. The length must be the public road equal to the length of that parcel along that roadway;
(c) When a parcel is created by such an exempt division the depth of that parcel shall not be:
1. Less than five acres - the depth of that parcel shall not be greater than twice the length of that frontage;
2. Five acres to 9.99 acres - the depth of that parcel shall not be greater than four times the length of that frontage;
3. Over ten acres - no ratio required. Such depth being measured from the front lot line to the rear lot line of the parcel.
(4) Certification of Exempt I divisions. The land divider shall provide to the Administrator:
(a) Written evidence that the County Board of Health has been satisfied by a duly authorized representative of a qualified soil testing service as to the presence within the parcel to be split out of sufficient soil of a kind defined by the Indiana State Board of Health or its successor to allow for the proper installation of an on-site septic sewage disposal system;
(b) Official documentation indicating the dedication of right-of-way to the appropriate jurisdiction;
(c) A metes and bound description of the parcel being created indicating that its depth is no more than twice the frontage.
(5) Exempt division review process. Within three working days of the land divider’s complete submission of an Exempt I, the Administrator shall review the submission and notify the land divider that his or her proposed land division either qualifies as an exempt division or does not qualify as an exempt division and is thus subject to the relevant subdivision processes described in §§ 152.020 et seq. and §§ 152.035 et seq.
(6) Dissolution.
(a) A recorded Exempt I division or portion thereof may be dissolved by the property owner or owners if, in doing so, no provision of this or any other ordinance, rule, regulation, statute or provision of law is violated. To do so, five copies of a statement dissolving the Exempt I Division (or any part of it) shall be submitted to the Administrator for review of compliance with above-stated ordinances, rules and the like. This statement, signed by all legal owners, contract buyers, and optionees of the property and notarized, shall contain the Exempt I Division number assigned by the Administrator and legal descriptions of the parcels involved.
(b) Upon a finding of compliance, the Administrator or his designees shall sign all five statements. Once signed, the approved dissolution is eligible to be recorded.
(c) It shall be the responsibility of the land divider in the presence of the Administrator or his or her designee to file the approved dissolution with the County Auditor and Recorder within 30 days of the date of signature. Failure of the land divider to so file and record shall automatically invalidate the approval, rendering it null and void and requiring a compete re-submittal for approval.
(d) Upon recording the dissolution statement, the landowner is once more eligible to pursue the full Exempt I Division process as per current ordinance regulations for exempt divisions.
(7) Filing of forms. It shall be the responsibility of the petitioner to file the approved exempt division forms with the County Recorder’s Office within 60 days of the date of the signature.
(Ord. passed - -)
MINOR SUBDIVISIONS
(A) From the standpoint of the economy of time and money, it is recommended that the subdivider consult early and informally with the Executive Director of the Commission (hereinafter called “Director”) for advice and assistance. This will enable the subdivider to become familiar with these and other regulations as they affect the area and will prevent unnecessary and costly revisions. The subdivider should present a sketch in inexpensive and tentative form showing, in a general way, the proposed development, the existing conditions within the area proposed for subdivision and of surrounding lands, but this procedure is not mandatory. This shall not require formal application, fee, or filing of a preliminary plat, nor shall it be deemed a preliminary plat.
(B) Application for preliminary plat approval can be made on forms available at the Advisory Plan Commission. The application with all required information must be submitted to the Advisory Plan Commission by the filing deadline date with the following:
(1) The application must be signed by the owner;
(2) A drainage approval letter from the appropriate jurisdiction;
(3) A variance approval letter from the appropriate agency;
(4) Review agency comment letters.
(a) An affidavit verifying that a copy of the notification letter and the proposed plan were sent to the required agencies, this is sent as a “request for review.”
1. If the proposed subdivision is within unincorporated City of Marion, the following shall be notified: Highway Engineer, Drainage Board, Soil and Water Conservation District, Health Department, appropriate park board, appropriate fire department, and appropriate school corporation.
2. If it lies within the City of Marion, the following shall be notified: City Engineer, Soil & Water Conservation District, City Health Officer, Park Board, Board of Works, Fire Chief, Police Chief, appropriate school corporation, Community Development Director, housing authority, and appropriate City Council member.
3. If the proposed subdivision lies within a participating town, the following shall be notified: Town Board, County Health Department, appropriate school corporation, local Fire Department, Town Marshal, and Soil & Water Conservation District.
(b) A list of the agencies the letters were sent to.
(c) A copy of the letter sent.
(d) Checkpoint agency review: the administration shall request that all officials and agencies to whom request for review has been made submit a written report within 15 days after receipt of the request. No response from any agency shall be interpreted as meaning “no objection.”
(5) If septic systems are used a letter from the Health Department.
(6) Eight and one-half by eleven copy of plat.
(7) Five full size copies of the preliminary plat.
(C) Notification to public:
(1) Adjacent property owners. The APC will notify adjacent property owners at least ten days before the scheduled meeting.
(2) Legal ad. The APC will prepare the legal ad for the petitioner and will deliver the legal ad to the newspaper with instructions for advertisement as per I.C. 5-3-1-2(j). However, it is the responsibility of the petitioner to pay for the legal ad and obtain the publishers affidavit.
(3) Sign. The APC will supply the petitioner with a sign to advertise the petition. The sign shall be posted, by the petitioner, on the site to be subdivided at least 14 days before the meeting date.
(D) The Advisory Plan Commission will hold a technical review meeting. The petitioner or his agent are encouraged to come to the meeting.
(E) The petitioner and/or his agent shall attend the Advisory Plan Commission meeting for which his subdivision is on the docket.
(F) The petitioner after the preliminary plat is approved or conditionally approved shall file the following with the Advisory Plan Commission:
(1) Five copies of the final corrected plat with information as listed on the preliminary plat;
(2) Two mylar copies of the final corrected plat;
(3) Five sets of detailed plans and specifications (constructions plans) shall be submitted by the required deadline, if applicable;
(4) A bond or letter of credit or escrow agreement, if applicable. The petitioner may install all improvements before he applies for secondary approval;
(5) Performance agreement, if applicable;
(6) Documentation for any covenants or restrictions, if applicable;
(7) Documentation for any homeowners or neighborhood associations, if applicable;
(8) A letter from the appropriate jurisdiction authority approving the construction drawings, if applicable. The petitioner must submit all the information for the petition to be processed and put on the docket. If all the information is not submitted by the established filing deadline, the petition will not be heard until the following meeting.
(G) The petitioner or a representative may attend the Advisory Plan Commission meeting at which the plat is to be signed (a minimum of 30 days must elapse after the preliminary approval for the minor plat before it can be recorded).
(1) If the final plat deviates from the preliminary plat that received approval then the plat shall be resubmitted as a preliminary plat that must follow the entire subdivision process.
(2) If the final plat is approved and all other required documents have been submitted and approved by the Advisory Plan Commission then it shall be signed by the designated officials.
(H) It shall be the responsibility of the subdivider to file the plat with the County Recorder’s office within 30 days of the date of the signature. If the plat is not recorded in this time frame then the plat will have to be re-submitted as a preliminary plat and follow the entire subdivision platting process.
(I) Three copies of the plat must be taken to the County Recorder’s office to be recorded and are as follows:
(1) One mylar copy will be kept in the County Recorder’s office;
(2) One mylar copy shall be kept by the petitioner or his agent;
(3) One copy of the recorded plat (heavy bond paper) shall be returned to the Advisory Plan Commission to be kept in the file.
(J) Within two years of the date of the final approval of the plat the petitioner or subdivider must present to the Advisory Plan Commission a letter of acceptance for all infrastructure or other improvements from the appropriate jurisdictional agency.
(1) If the improvements are not completed within two years a request for an extension must be brought before the Plan Commission Board. The extension can be granted for no more than a total of one year.
(2) If the extension is denied the City of Marion or their representatives will use money from the bond, letter of credit, or escrow account to finish the work.
(Ord. passed - -)
(A) The preliminary plat shall be prepared by a licensed land surveyor or professional engineer (PE) at a convenient scale of not more than 100 feet to the inch, the sheets shall be numbered in sequence if more than one sheet is used and shall be of such size as is acceptable for filing in the office of the County Recorder, but shall not be larger than 24 by 36 inches.
(B) The following items shall be included on the preliminary plat.
(1) Boundaries and lots.
(a) Proposed boundary lines of subdivision with the bearings and distances.
(b) Proposed and existing lots of subdivision with bearings and distances of property lines and the area of the lot(s).
1. Blocks shall be consecutively numbered or lettered in alphabetical order. The blocks in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively throughout the several additions.
2. All lots in each block shall be consecutively numbered. Outlots shall be lettered in alphabetical order.
(c) Proposed boundary lines of any common land in the subdivision with the bearings and distances. The use of the lot must also be listed.
(d) Building setback lines from any ROW.
(e) Location listing of adjacent owners or any adjacent developments.
(f) Any future sections or phases of the proposed subdivision shall be shown on the plat. The sections or phases should be listed as future consideration.
(2) Easements.
(a) Location and width of any existing or proposed easements on site.
(b) Location and width of any existing or proposed easements adjacent to site that will affect the site.
(c) Location and width of any adjacent or on-site railroad ROW.
(d) Location and width of any existing or proposed utility rights-of-way with explanation of use.
(3) Natural features.
(a) Location of any watercourses or waterbodies.
(b) Location of any existing wooded acres(s).
(4) Other pertinent features.
(a) Swamps.
(b) Floodplains.
1. Delineate the floodway and floodway fringe on the preliminary and final plat.
2. Reference the benchmarks and elevations on the preliminary only.
(c) Parks.
(d) Burial grounds.
(e) Cemeteries.
(5) Technical, location and size of existing:
(a) Sewers.
(b) Water mains.
(c) Culverts.
(d) Utility poles.
(e) Fire hydrants.
(f) Stormwater facilities.
(g) Preliminary proposals for connection with existing water supply and sanitary sewage systems.
(h) Topography.
(6) Drainage.
(a) Preliminary provision for collecting and discharging surface water drainage.
(b) Notation of:
1. Draining easements;
2. Site easements;
3. Erosion and sediment control areas.
(7) Structures.
(a) Location of any underground structures on the tract and adjacent to the tract.
(b) Location of any permanent buildings.
(8) Rights-of-way.
(a) Location, width, and names of existing platted streets or other public ways within the tract or adjacent to the tract.
(b) Location, width, and names of proposed streets or rights-of-way, rights-of-way and curve data.
(9) Miscellaneous.
(a) Vicinity map.
(b) Name, address or registration number of surveyor or PE.
(c) Date of plat.
(d) North arrow.
(e) Graphic scale.
(f) Subdivision name.
(g) Name and address of a land owner.
(h) Metes and bounds description.
(i) Owner endorsement with signature and date.
(j) Other information as needed for plat.
(10) Supporting documents.
(a) The last instrument conveying title to each parcel of property involved in the proposed subdivision with the name of the grantor, grantee, date, and any recorded land record reference.
(b) A complete copy of any exiting covenants on the property.
(c) A designation of the purpose and condition of land within the tract dedicated or reserved.
(d) Closure data and printout for subdivision boundaries and lots.
(Ord. passed - - ; Am. Ord. 19-2005, passed 7-5-2005)
(A) The final plat shall be prepared by a licensed land surveyor or professional engineer (PE) at a convenient scale of not more than 100 feet to the inch, may be prepared in ink on mylar or vellum type median, and shall be of such size as is acceptable for filing in the office of the County Recorder, but shall not be larger than 24 by 36 inches.
(B) The following items shall be included on the final plat.
(1) Boundaries and lots.
(a) Proposed boundary lines of subdivision with the bearings and distances.
(b) Proposed and existing lots of subdivision with bearings and distances of property lines and the area of the lot(s).
1. Blocks shall be consecutively numbered or lettered in alphabetical order. The blocks in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively throughout the several additions.
2. All lots in each block shall be consecutively numbered. Outlots shall be lettered in alphabetical order.
(c) Proposed boundary lines of any common land in the subdivision with the bearings and distances. The use of the lot must also be listed.
(d) Building setback lines from any ROW.
(e) Location listing of adjacent owners or any adjacent developments.
(2) Easements.
(a) Location and width of any existing or proposed easements on site.
(b) Locations and width of any existing or proposed easements adjacent to the site that will affect the site.
(c) Location and width of any adjacent or on site railroad ROW.
(d) Location and width of any exiting or proposed utility rights-of-way with explanation of use.
(3) Natural features. Location of any watercourses or waterbodies.
(4) Other pertinent features.
(a) Floodplains. Delineate the floodway and floodway fringe on the preliminary and final plat.
(b) Burial grounds.
(c) Cemeteries.
(5) Technical, location and size of existing: fire hydrants.
(6) Drainage. Notation of:
(a) Drainage easements;
(b) Site easements;
(c) Site reservations.
(7) Structures. Location of any permanent buildings.
(8) Rights-of-way.
(a) Location, width, and names of existing platted streets or other public ways within the tract or adjacent to the tract.
(b) Location, width and names of proposed streets or rights-of-way, rights-of-way and curve data.
(9) Miscellaneous.
(a) Vicinity map.
(b) Name, address, or registration number of surveyor or PE.
(c) Date of plat.
(d) North arrow.
(e) Graphic scale.
(f) Subdivision name.
(g) Name and address of a land owner.
(h) Metes and bounds description.
(i) Owner endorsement with signature and date.
(j) Other information as needed for plat.
(Ord. passed - -)
MAJOR SUBDIVISIONS
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