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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
(A) From the standpoint of 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 exiting 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 a preliminary plat can be made on forms available at the Advisory Plan Commission. The application with all the 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 or his agent;
(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:
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 a septic system, is 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 or her agent shall attend the Advisory Plan Commission Meeting for which his or her 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:
(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 (construction plans) shall be submitted by the required deadline;
(4) A bond, letter or credit, or escrow agreement. The petitioner may install all or some of the improvements before he applies for secondary plat 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 jurisdictional 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 his representative shall attend the Advisory Plan Commission meeting for which their final plat is on the docket. The Commission shall approve or deny the final plat.
(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 is 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 (please no mylar or vellum) 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 - -)
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