The corrective secondary plat is intended to provide a streamlined process for the approval of a corrective secondary plat to address minor corrections or adjustments to a recorded secondary plat where such corrections or adjustments are consistent with the intent, terms, and conditions of the original primary plat as approved by the Plat Committee.
(A) Scope of corrective plats. Corrective plats may apply to an entire recorded secondary plat or only that portion of a recorded secondary plat which is impacted by the correction.
(B) Limitations on corrective plats. The provisions above for corrective plats shall not be applicable to any of the following changes to a recorded secondary plat.
(1) The vacation of a plat or portion of a plat, including plat covenants required by the Plat Committee.
(2) The vacation of a public place.
(3) The vacation of a platted easement.
(4) The vacation of a public way or platted right-of-way.
(5) The vacation of any public lands or public places.
(C) Types of corrective secondary plat. There are 3 different types of corrective secondary plats as follows.
(1) Type 1 corrective plat.
(a) A procedure whereby the surveying firm, or its successors or assigns, or firm that employed the registered land surveyor who prepared a recorded subdivision may correct the following minor drafting or typographical errors:
1. The legal description, political jurisdiction, or section, township, or range numbers;
2. Addition, deletion, or modification of a note that does not affect the use or enjoyment of a lot;
3. Any bearing, distance, or curve data provided the bearing, distance, or curve data of an adjoining lot or an easement that crosses or adjoins a lot is not affected;
4. A misspelling; or
5. To correct an incorrect or missing signature(s).
(b) A Type 1 corrective plat may not change the name of a recorded subdivision. A Type 1 corrective plat may be filed without the consent of the property owners.
(2) Type 2 corrective plat. A procedure whereby any registered land surveyor may correct the following drafting, typographical, or surveying errors, or the name of a recorded subdivision where the owners of all the affected lots have signed the corrective plat:
(a) The legal description, political jurisdiction, or section, township, or range numbers;
(b) Addition, deletion, or modification of a note that does not affect the use or enjoyment of a lot;
(c) Any bearing, distance, or curve data;
(d) A misspelling;
(e) Addition, deletion, or modification of a note that does not affect the use or enjoyment of a lot;
(f) The addition, deletion, or modification of the delineation of a feature (e.g., notations regarding areas subject to the National Flood Insurance Program);
(g) The addition, location, size, or clarification of the function of an easement (e.g., change of a “Sewer Easement” to a general “Drainage and Utility Easement”);
(h) The name of a recorded subdivision; or
(i) To correct an incorrect or missing signature(s).
(3) Type 3 corrective plat.
(a) A procedure whereby any registered land surveyor may correct the following drafting, typographical, or surveying errors where not all of the owners of all the affected lots have signed the corrective plat:
1. The legal description, political jurisdiction, or section, township, or range numbers;
2. Addition, deletion, or modification of a note that does not affect the use or enjoyment of a lot;
3. Any bearing, distance or curve data;
4. A misspelling;
5. The delineation of a feature such as an area subject to the National Flood Insurance Program;
6. The addition, location, size, or clarification of the function of an easement (e.g., change of a “Sewer Easement” to a general “Drainage and Utility Easement”); or
7. To correct an incorrect or missing signature(s).
(b) A Type 3 corrective plat may change a name of a recorded subdivision only when at least 2/3 of the lot owners have agreed in writing to the name change.
(D) Application procedure for Type 1 corrective plats. An application for a Type 1 corrective plat may be submitted at the convenience of the firm, or its successors or assigns, that employed the registered land surveyor or who prepared the recorded subdivision. The submission shall contain the following.
(1) Drawing. An original drawing on 24-inch by 36-inch vellum, linen, or Mylar film, at a scale not less than 1 inch equals 50 feet to 1 inch equals 200 feet. All printed numbers, letters, and typed information shall be in capital letters with a minimum 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 3 prints and include the following.
(a) The name of the Type 1 corrective plat shall be: “The name and section number of the recorded subdivision being corrected followed by [number, i.e. 1st] Corrective Plat”. The Area Plan Commission staff shall assign the number.
(b) Location of the Type 1 corrective plat by section, township, range, and governmental township.
(c) Lot numbers.
(d) All easements, including their functions, labeled and dimensioned.
(e) Building setback lines, labeled and dimensioned.
(f) All right-of-way lines, labeled and dimensioned.
(g) Name, address, seal, signature, and certification of the registered land surveyor preparing the Type 1 corrective plat.
(h) Name and address of the registered land surveyor who prepared the recorded subdivision being corrected and the name and address of the surveying firm, if any, who employed the registered land surveyor.
(i) Numeric scale, graphic bar scale, north point, and date.
(j) 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 Type 1 corrective plat.
(k) Date of recording and instrument number of the recorded subdivision for which the Type 1 corrective plat is being submitted.
(l) If the error being corrected is a bearing, distance, curve data, or other dimension, indicate only the incorrect and correct data. Unaffected bearing, distance, curve data, or other dimension need not be shown.
(m) Any information that is necessary to explain the error being corrected, or the reason for the correction.
(n) The drawing shall be accompanied by such other information as the Area Plan Commission may require under the provisions of this chapter.
(o) A “Certificate for Correction of Errors” which includes the name of the registered land surveyor who prepared the Type 1 corrective plat, a complete description of the error, and identifies how the recorded and correct data are noted or identified on the drawing.
(p) A statement by the registered land surveyor preparing the Type 1 corrective plat that the correction does not affect the name, section number, lot numbers, or letters of the recorded subdivision; a bearing, distance, or curve data of a lot line; or a bearing, distance, curve data, or function of an easement.
(2) Digital data submission. All Type 1 corrective plats 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.
(3) Fee. The submission of the Type 1 corrective plat shall be accompanied by fees as prescribed by the Area Plan Commission.
(4) Application. A completed application upon forms provided and in a manner prescribed by the Area Plan Commission.
(E) Type 1 corrective plat; referral, review, approval, and recording procedures.
(1) Referral and review. After the filing date, the staff may, if necessary, refer prints of the corrective plat to the appropriate agencies for their review and recommendation. The agencies shall review the Type 1 corrective plat and submit a report to the staff. The staff shall review the Type 1 corrective plat for technical conformity with the standards fixed in this chapter and the requirements, recommendations, and comments of the appropriate agencies.
(2) Consideration. Upon receipt of the reports, if any, from the appropriate agencies and completion of its own review, the staff shall consider the Type 1 corrective plat without public notice or hearing and determine whether the Type 1 corrective plat meets the requirements of this subchapter.
(3) Staff action.
(a) If, after consideration, the staff finds that the Type 1 corrective plat complies with all standards regarding primary and secondary approval of Type 1 corrective plats, the staff shall grant primary and secondary approval. The Chairperson and Secretary of the Committee shall seal and certify the corrective plat. The staff shall record the Type 1 corrective plat as set forth below.
(b) If, after consideration, the staff finds that the Type 1 corrective plat does not comply with all standards regarding primary and secondary approval of Type 1 corrective plats, the staff shall deny primary and secondary approval to the Type 1 corrective plat. The Secretary of the Committee shall provide written notice to the registered land surveyor which sets forth the reasons for disapproval, and release the original drawing to the registered land surveyor who prepared it.
(F) Application procedure for Type 2 corrective plats. An application for a Type 2 corrective plat may be submitted at the convenience of the registered land surveyor. The submission shall contain the following.
(1) Drawing. An original drawing on 24-inch by 36-inch vellum, linen, or Mylar film, at a scale of 1 inch equals 50 feet to 1 inch equals 200 feet. All printed numbers, letters, and typed information shall be in capital letters with a minimum 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 3 prints and include the following.
(a) Except when the purpose of a Type 2 corrective plat is to change the name of a subdivision, the name of the Type 2 corrective plat shall be the name and section number of the recorded subdivision being corrected followed by a number assigned by the Area Plan Commission staff (e.g., 1st) and the words “corrective plat”. If the purpose of the Type 2 corrective plat is to change the name, the name of the subdivision shall not duplicate or closely approximate the name of any other subdivision within the incorporated areas of the county.
(b) Location of the Type 2 corrective plat by section, township, range, and governmental township.
(c) Lot numbers.
(d) All easements, including their functions, labeled and dimensioned.
(e) Building setback lines, labeled and dimensioned.
(f) All right-of-way lines, labeled and dimensioned.
(g) Name, address, seal, signature, and certification of the registered land surveyor preparing the Type 2 corrective plat.
(h) Name and address of the registered land surveyor who prepared the recorded subdivision being corrected and the name and address of the surveying firm, if any, who employed the registered land surveyor.
(i) Numeric scale, graphic bar scale, north point, and date.
(j) 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 Type 2 corrective plat.
(k) Date of recording and instrument number of the recorded subdivision for which the Type 2 corrective plat is being submitted.
(l) If the error being corrected is a bearing, distance, curve data, or other dimension, indicate only the incorrect and correct data. Unaffected bearing, distance, curve data, or other dimension need not be shown.
(m) Any information that is necessary to explain the error being corrected, or the reason for the correction.
(n) The drawing shall be accompanied by such other information as the Area Plan Commission may require under the provisions of this chapter.
(o) A “Certificate for Correction of Errors” which includes the name of the registered land surveyor who prepared the Type 2 corrective plat, a complete description of the error, and identifies how the recorded and correct data are noted or identified on the drawing.
(p) Lots, lot numbers, and the names and addresses of lot owners immediately adjacent to the lot line, curve, or easement being corrected.
(2) Ownership. Proof of ownership of any lot affected by the Type 2 corrective plat for correcting errors shall be submitted.
(3) Property owners list. A list of all affected property owners, as of 10 days before the Type 2 corrective plat is submitted to the Area Plan Commission.
(4) Signatures of all affected owners. All affected owners shall sign the plat.
(5) Notary statement. Notarization and seal as prescribed by the Area Plan Commission.
(6) Digital data submission. All Type 2 corrective plats 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.
(7) Fee. The submission of Type 2 corrective plats shall be accompanied by fees as prescribed by the Area Plan Commission.
(8) Application. A completed application upon forms provided and in a manner prescribed by the Area Plan Commission.
(G) Type 2 corrective plat; referral, review, appeal, and approval procedure. The primary and secondary review, consideration, action, notice of committee action, appeal procedures, notice of Area Plan Commission action, and recording procedures shall be the same as for a minor subdivision and as set out in § 151.057.
(H) Application procedure for Type 3 corrective plats. An application for a Type 3 corrective plat may be submitted at the convenience of the registered land surveyor. The submission shall contain the following.
(1) Drawing. An original drawing on 24-inch by 36-inch vellum, linen, or Mylar film, at a scale of 1 inch equals 50 feet to 1 inch equals 200 feet. All printed numbers, letters and typed information shall be in capital letters with a minimum 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 3 prints and include the following.
(2) Purpose. Except when the purpose of a Type 3 corrective plat is to change the name of a subdivision, the name of the Type 3 corrective plat shall be the name and section number of the recorded subdivision being corrected followed by a number assigned by the Area Plan Commission staff (e.g., 1st) and the words “corrective plat.” If the purpose of the Type 3 corrective plat is to change the name, the name of the subdivision shall not duplicate or closely approximate the name of any other subdivision within the incorporated areas of the county.
(a) Location of the Type 3 corrective plat by section, township, range, and governmental township.
(b) Lot numbers.
(c) All easements, including their functions, labeled and dimensioned.
(d) Building setback lines, labeled and dimensioned.
(e) All right-of-way lines, labeled and dimensioned.
(f) Name, address, seal, signature and certification of the registered land surveyor preparing the Type 3 corrective plat.
(g) Name and address of the registered land surveyor who prepared the recorded subdivision being corrected and the name and address of the surveying firm, if any, who employed the registered land surveyor.
(h) Numeric scale, graphic bar scale, north point, and date.
(i) 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 corrective plat.
(j) Date of recording and instrument number of the recorded subdivision for which the Type 3 corrective plat is being submitted.
(k) If the error being corrected is a bearing, distance, curve data or other dimension, show only the incorrect and correct data. No other bearing, distance, curve data, or other dimension need be shown.
(l) Any information that is necessary to explain the error being corrected, or the reason for the correction.
(m) The drawing shall be accompanied by such other information as the Area Plan Commission may require under the provisions of this chapter.
(n) A “Certificate for Correction of Errors” which includes the name of the registered land surveyor who prepared the Type 3 corrective plat, a complete description of the error, and identifies how the recorded and correct data are noted or identified on the drawing.
(o) Lots, lot numbers, and the names and addresses of lot owners immediately adjacent to the line, curve or easement being corrected.
(3) Ownership. Proof of ownership of all lots affected by the Type 3 corrective plat for correcting errors shall be submitted.
(4) Property owners list.
(a) A list of all affected property owners, as of the day before the Type 3 corrective plat for correcting errors is submitted to the Area Plan Commission, prepared and certified by an abstract company.
(b) Two sets of addressed and stamped envelopes for delivery by registered mail with return receipts for affected property owners.
(5) Signatures of owners petitioning for the Type 3 corrective plat. At least 1 of the affected owners shall sign the plat.
(6) Notary statement. Notarization and seal as prescribed by the Area Plan Commission.
(7) Digital data submission. All Type 3 corrective plats 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.
(8) Fee. The submission of the Type 3 corrective plat shall be accompanied by fees as prescribed by the Area Plan Commission.
(9) Application. A completed application upon forms provided and in a manner prescribed by the Area Plan Commission.
(I) Type 3 corrective plat; referral, review, appeal and approval procedure. The primary and secondary review, consideration, action, notice of Committee action, appeal procedures, notice of Area Plan Commission action, and recording procedures shall be the same as for a major subdivision and as set out in § 151.058.
(J) Recording of corrective plats. The staff shall record an approved corrective plat within 7 days of approval in the Recorder’s office and so notify the registered land surveyor. The staff shall have the original drawing of the corrective plat 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 corrective plat as prescribed by the Area Plan Commission.
(Ord. 1223, § 2.6, passed 5-11-2010)