An administrative procedure is hereby established for the approval of an amendment to a recorded 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 plan as approved by the Plan Commission.
(1) Approval of an amendment to a secondary plat. Approval of a minor amendment to a secondary plat is hereby delegated to the Director, provided that:
(a) Any and all conditions imposed by the Plan Commission on the primary plat have been fully complied with by the subdivider;
(b) The nature of the minor amendment is consistent with the determination of minor amendments set forth below.
(2) Procedures. Amendments authorized by this Article 2.1F shall be filed in the same manner as a secondary plat, including, but not limited to:
(a) Secondary plat application;
(b) Filing fees; and
(c) Consent of all owners of the land included in the proposed amendment.
(3) Determination of minor amendments. The following corrections and adjustments to a secondary plat shall be considered minor amendments and may be approved through the use of the special provisions of this Article 2.1F:
(a) Correction of a typographical error in a legal description;
(b) Correction of a bearing, distance or curve data, provided such correction does not alter the location or boundary of any lot or easement;
(c) Correction of a misspelling;
(d) Correction of an incorrect or missing signature(s);
(e) Correction or change of an address assigned to a lot;
(f) Correction or change of an assigned street name;
(g) Addition, deletion or modification of a note on a secondary plat that does not affect the use or enjoyment of a lot;
(h) The addition, deletion or modification of the delineation of a feature (e.g., notations regarding areas subject to the national flood insurance program);
(i) The name of a recorded subdivision;
(j) Modification of the function of an easement to increase the use of the easement (e.g., change of a “sewer easement” to a general “drainage and utility easement”);
(k) The combination of two or more lots to create one or more lots that are all larger than the original lots being joined;
(l) The enlargement of a recorded nonresidential incremental lot to include abutting land which was part of the applicable primary plat but which abutting land has not yet been included in a recorded secondary plat; and
(m) The division of one or more nonresidential incremental lots into two or more nonresidential incremental lots in compliance with the terms and conditions of:
1. The applicable primary plat;
2. The terms and condition of the applicable District; and
3. The provisions of Article 2.1D - Special Provisions for Nonresidential Incremental Subdivisions of this ordinance.
(4) Scope of minor amendments. Minor amendments to a recorded secondary plat may apply to an entire recorded secondary plat or only that portion of a recorded secondary plat which is impacted by the amendment.
(5) Limitations on amendments. The provisions of this Article 2.1F shall not be applicable to any of the following changes to a recorded secondary plat:
(a) The vacation of a plat or portion of a plat, including plat covenants required by the Plan Commission;
(b) The vacation of a public place;
(c) The vacation of a platted easement;
(d) The vacation of a public way or platted right-of-way; and
(e) The vacation of any public lands or public places.
(6) Duration of approval. The applicant shall record an amendment of a secondary plat within 60 days of approval. If the amended secondary plat is not recorded with the prescribed period, the approval shall be considered null and void.
(Ord. 22-97, passed - -1997; Ord. 40-2006, passed 10-9-2006)