The subdivision replat process is intended to provide a streamlined process for the replatting of a recorded subdivision to accommodate minor revisions to a plat which does not affect number of lots.
(A) Consultation encouraged.
(1) Prior to the submission of a subdivision replat, the subdivider is encouraged to consult informally with the staff. This will create an understanding between the staff and the subdivider which may help to alleviate future misunderstandings and extensive revisions.
(2) Notwithstanding anything contained in this chapter to the contrary, neither the staff’s conceptual plat review of the sketch plan submitted at a pre-filing consultation nor staff’s comments to the petitioner relating thereto shall be considered a denial, approval, or decision concerning the proposed primary plat.
(B) Name of subdivision replat. The name of the subdivision replat shall not be identical to that of the original subdivision, but the name of the original subdivision shall be contained within that of the subdivision replat.
(C) Subdivision replats; application. An application for primary or secondary approval of a subdivision replat shall be submitted to the Area Plan Commission in accordance with the filing schedule established by the Area Plan Commission. The submission shall include the following.
(1) Drawing. An original drawing on 24-inch by 36-inch vellum, linen or Mylar film, at a scale of not less than 1 inch equals 100 feet or greater than 1 inch equals 50 feet. All printed numbers, letters, and typed information shall be in capital letters and the size of an 11 point type font so that the drawing is adaptable to photographic reduction and will maintain complete legibility. The original drawing shall be accompanied by 6 prints and include the following.
(a) Name of the subdivision.
(b) Legal description of the subdivision which shall include section, township, range, and governmental township.
(c) Boundary of subdivision, based on accurate traverse survey with accurate dimensions in feet and hundredths thereof, and bearings expressed in degrees, minutes, and seconds. The traverse survey shall be closed to the minimum requirements of the state standards for the practice of land surveying as required by 865 I.A.C. 1-12-7 et seq. A separate boundary closure sheet need not be submitted.
(d) Name, address, seal, signature, and certification of the registered land surveyor preparing or certifying the subdivision, in a manner prescribed by the Area Plan Commission.
(e) Numeric scale, graphic bar scale, north point, and date.
(f) Elevation and delineation of the 100-year regulatory flood and certification of compliance with the National Flood Insurance Program, when applicable.
(g) A blank area 4 inches vertical by 9 inches horizontal, within which the Area Plan Commission may affix its certificate of approval without obscuring or obliterating any other items on the plat.
(h) The location of all public wells and the delineation of any wellhead protection area, when applicable.
(i) A note shall be placed on the plat, when applicable, to indicate the presence of any condition on any lot which would not be conducive to the development of basements (e.g., seasonal high water table, and the like).
(j) Delineation of wetlands identified by the National Wetlands Inventory, when applicable.
(k) A note shall be placed on the plat indicating that building setbacks shall conform to the applicable provisions of the Zoning Ordinance.
(l) Owner’s certification, in a manner prescribed by the Area Plan Commission.
(m) Exact location, width, and name of all streets, alleys, and walkways within the subdivision.
(n) Statement that all easements that are indicated on documentation provided by the property owner are shown on the drawing.
(o) Original lot lines and lot numbers in dotted lines.
(p) New lots shall be designated by letters.
(q) All lot lines and easements with accurate dimensions in feet and hundredths thereof and bearings expressed in degrees, minutes, and seconds. All easements shall be identified as to their specific use.
(r) Any areas other than public right-of-way to be dedicated or reserved for public use or semi-public use, or areas to be reserved for the use of all property owners, shall be shown on the drawing and labeled as to their use and shall have a separate legal description on the drawing with accurate dimensions in feet and hundredths thereof and bearings expressed in degrees, minutes, and seconds.
(s) Deed of dedication in a manner, prescribed by the Area Plan Commission.
(t) Notarization and seal, in a manner prescribed by the Area Plan Commission.
(u) Statement concerning any encroachments upon existing building setback lines and/or easements.
(v) Accurate location and type of all existing and required monuments conforming to State Standards 865 I.A.C. 1-12-18 et seq.
(w) All recorded subdivisions bounding the subdivision shall be shown in dotted lines with name, section, or addition and Recorder’s instrument number.
(x) Urban drain certificate, as prescribed by the Area Plan Commission, when applicable.
(y) The drawing shall be accompanied by such other information as the Area Plan Commission may require under the provisions of this chapter.
(2) Application. A completed application shall be submitted upon forms provided and in a manner prescribed by the Area Plan Commission.
(3) Digital data submission. All subdivision replats submitted for secondary review shall include a digital copy of the proposed subdivision prepared in accordance with the requirements set forth in the “Digital Data Submission Standards” as set forth by the Area Plan Commission.
(4) Ownership. Proof of ownership of the subdivision replat.
(5) Fee. The submission of a subdivision replat shall be accompanied by fees as prescribed by the Area Plan Commission.
(D) Subdivision replat; review, appeal, and approval procedure. The review, appeal, and approval procedure for subdivision replats shall be as follows.
(1) Referral and review. The staff shall refer prints of the subdivision replat to the appropriate agencies.
(a) 1. If the subdivision falls within a designated special flood hazard area, the subdivision shall be reviewed by the Department of Natural Resources.
2. If the proposed subdivision is to be located in a special flood hazard area, the subdivider’s registered land surveyor or engineer shall forward pertinent plans and materials to the Department of Natural Resources for review and comment. Appropriate changes and modifications may be required in order to assure that the development of the proposed subdivision is consistent with the need to minimize flood damages, including, but not limited to the following: all public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; adequate drainage shall be provided so as to reduce exposure to flood hazards.
3. All subdivisions to be located in a special flood hazard area shall have the elevation of the 100-year flood noted on the secondary plat and a delineation of the special flood hazard area thereon.
(b) The staff may also refer the subdivision replat to any federal, state, or county agency, board, or department which has regulations or rules which affect the use or design of the subdivision replat, or the location or height of structures to be placed within the subdivision replat.
(c) The agencies shall review the subdivision replat and submit a report to the staff. The staff shall review the subdivision replat for technical conformity with the standards fixed in the Subdivision Ordinance and the requirements, recommendations and comments of the reviewing agencies, and prepare a report with a recommendation for the Plat Committee’s consideration.
(2) Submission to Plat Committee. Within the time frame as established by resolution of the Area Plan Commission, the staff shall announce the date, time, and place of the meeting at which the Plat Committee shall consider the subdivision replat, and shall give due notice in writing to all interested parties at least 10 days before the date set for the hearing.
(3) Plat Committee consideration. After receiving the staff report and recommendation, the Plat Committee shall consider the subdivision replat for primary approval without public notice and hearing.
(4) Plat Committee action.
(a) If, after consideration, the Plat Committee finds that the subdivision replat complies with all standards regarding primary approval of subdivision replats, the Plat Committee shall give primary approval to the subdivision replat, with or without modifications or conditions imposed, and make written findings of fact and a decision which shall include any modifications or conditions imposed. The Chairperson and Secretary of the Plat Committee shall seal and certify 2 copies of the subdivision replat, provide the subdivider’s registered land surveyor with 1 copy and retain the second copy in the Area Plan Commission’s files.
(b) If, after consideration, the Plat Committee finds that the subdivision replat does not comply with all standards regarding primary approval of subdivision replats, the Plat Committee shall deny primary approval to the subdivision replat and make written findings of fact and a decision which sets forth its reasons for disapproval.
(5) Notice of Plat Committee’s action. Within 5 days after the Plat Committee’s action on the subdivision replat, the Secretary of the Plat Committee shall provide all interested parties with a copy of the findings of fact and decision of the Plat Committee, and notify them in writing of their right to appeal the Plat Committee’s decision to the Area Plan Commission. Appeals shall be in writing, shall indicate the desire have the subdivision replat reviewed by the Area Plan Commission, shall state the reason for such appeal and shall be filed within 5 days of the date of the notice by the Secretary.
(6) If no appeal has been filed.
(a) If the subdivision replat, for which primary and secondary approval has been requested, received primary approval by the Plat Committee, and no appeal has been filed within 5 days of the date of the notice of Plat Committee’s action, and all modifications or conditions placed upon the subdivision replat by the Plat Committee, if any, have been complied with or corrected, the staff shall grant secondary approval to the subdivision replat. The Chairperson and Secretary of the Plat Committee shall seal and certify the original drawing. The staff shall record the subdivision replat as set forth below.
(b) If the subdivision replat, for which primary and secondary approval has been requested, received primary approval by the Plat Committee, and no appeal has been filed within 5 days of the date of the notice of Plat Committee’s action, and all modifications or conditions placed upon the subdivision replat by the Plat Committee, if any, have not been complied with or corrected within 2 years, the staff shall deny secondary approval to the subdivision replat. The Secretary of the Plat Committee shall provide written notice to the subdivider, which sets forth its reasons for denying secondary approval, and release the original drawing of the subdivision replat to the registered land surveyor who prepared it.
(c) If the subdivision replat was denied primary approval by the Plat Committee and no appeal has been filed within 5 days of the notice of Plat Committee’s action, the staff shall release the original drawing of the subdivision replat to the registered land surveyor who prepared it.
(7) If an appeal has been filed. If an appeal has been filed within 5 days of the date of the notice of Plat Committee’s action, the staff shall announce the date, time, and place of the meeting at which the Area Plan Commission shall consider the subdivision, and shall give due notice in writing to all interested parties at least 10 days before the date set for the hearing. The staff shall prepare a report with a recommendation for Area Plan Commission consideration.
(8) Area Plan Commission consideration. After receiving the staff report and recommendation, the Area Plan Commission shall consider the subdivision replat without public notice and hearing. The Area Plan Commission shall consider the subdivision replat as though the Plat Committee had not acted upon it. The subdivision replat shall be considered in its entirety, as if it were a new submission, with all items considered, not just the items appealed.
(9) Area Plan Commission action.
(a) If, after consideration, the Area Plan Commission finds that the subdivision replat complies with all standards regarding primary approval of subdivision replats, the Area Plan Commission shall give primary approval to the subdivision replat, with or without modifications and conditions imposed, and make written findings of fact and a decision, which shall include any modifications or conditions imposed. The Secretary of the Area Plan Commission shall then provide the subdivider with a copy of the findings of fact and decision. The President and Secretary of the Area Plan Commission shall seal and certify 2 copies of the subdivision replat and provide the subdivider’s registered land surveyor with 1 copy along with a copy of the findings of fact and decision, signed by the Secretary of the Area Plan Commission. The second copy of the sealed and certified subdivision replat shall be retained in the records of the Area Plan Commission. When all modifications or conditions placed upon the subdivision replat by the Area Plan Commission, if any, have been complied with or corrected the staff shall give secondary approval to the subdivision replat. The President and Secretary of the Area Plan Commission shall seal and certify the original drawing. The staff shall record the subdivision replat as set forth below.
(b) If the subdivision replat, for which secondary approval has been requested, received primary approval by the Area Plan Commission and all modifications or conditions placed upon the subdivision by the Area Plan Commission have not been complied with or corrected within 2 years, the staff shall deny secondary approval to the subdivision replat. The Secretary of the Area Plan Commission shall provide written notice to the subdivider, which sets forth its reasons for denying secondary approval, and release the original drawing of the subdivision replat to the registered land surveyor who prepared it.
(c) If, after consideration, the Area Plan Commission finds that the subdivision replat does not comply with all standards regarding primary approval of subdivision replats, the Area Plan Commission shall deny the subdivision replat primary approval and make written findings of fact and a decision which sets forth its reasons for disapproval. The Secretary of the Area Plan Commission shall provide the subdivider with a copy of the findings of fact and decision, and release the original drawing to the subdivider’s registered land surveyor.
(10) Recording. Within 7 days of secondary approval, the staff shall record the subdivision replat in the Recorder’s office and so notify the subdivider. The staff shall have the original drawing of the subdivision replat duplicated at a reduced scale and release the original drawing to the registered land surveyor who prepared it. The staff shall distribute reduced copies of the subdivision replat as prescribed by the Area Plan Commission.
(Ord. 1223, § 2.5, passed 5-11-2010; Am. Ord. 1252, passed 12-28-2011)