(A) Purpose and intent. The secondary plat shall clearly define all construction matters and special conditions such as construction techniques, materials and the like, as well as prepare the plans and documents for recording.
(B) Project applicability. Proposals for new subdivisions of land shall meet the standards of this section.
(C) Prerequisites.
(1) Primary plat. The application for primary plat shall be approved by the Plan Commission prior to submitting a secondary plat. If the primary plat approval included commitments, those commitments shall be recorded in the office of the County Recorder.
(2) Infrastructure. A subdivision that is the subject of a secondary plat shall have all of the infrastructure improvements proposed in the primary plat installed to meet the city’s construction standards, or the applicant shall have posted a performance bond for the cost of the infrastructure improvements that complies with § 165.423 (Surety Standards).
(D) General. The secondary plat shall be presented in India ink on tracing cloth or reproducible Mylar at a scale of either one inch equals 50 feet or one inch equals 100 feet and contain the same information, except for any changes or additions required by the Plan Commission or Plat Committee shown on the plat submitted for primary approval. The plat submitted for primary approval may be used as the secondary plat if it meets these requirements and is revised in accordance with Plan Commission or Plat Committee’s requirements. All revision dates shall be shown as well as the following.
(1) Registered land surveyor certificate. Each secondary plat submitted to the Commission or Committee for approval shall carry a certificate signed by a registered land surveyor in substantially the following form:
I (Name), hereby certify that I am a professional land surveyor, licensed in compliance with the laws of the State of Indiana; that this plat correctly represents a survey completed by me on (Date); that all the monuments shown thereon shall be set as shown/or actually exist; and that their location, size, type and material are accurately shown. |
(SEAL) |
________________ (Signature Line) |
(2) Deed of dedication certificate. Each secondary plat submitted to the Commission or Committee for approval shall carry a deed of dedication in substantially the following form:
We, the undersigned, being all the owners and lienholders of the real estate shown and described herein, do hereby certify that we hereby lay off, plat and subdivide, said real estate in accordance with the within plat. |
This subdivision shall be known and designated as (Name), (Name), an addition to (Name). All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public free and clear of all liens and encumbrances. |
Front yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there shall be erected or maintained no building or structure. |
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. |
Witness our Hands and Seals this [day] of [month], 20XX. ____________________ (Signature Line) State of Indiana County of Wayne |
Before me, the undersigned Notary Public, in and for the County and State personally appeared and separately and severally acknowledge the execution of the foregoing instruments as his or her voluntary act and deed for the purpose therein expressed. Witness my hand and Notarial Seal this [day] of [month], 20XX. |
(3) Covenant or deed restriction binder. The following shall be attached for covenants or deed restrictions:
The following covenants (or restrictions) are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, |
Invalidation of any one of the foregoing covenants (or restrictions) by judgment or court order shall in no wise affect any of the other covenants (or restrictions) which shall remain in full force and effect. |
The right to enforce these provisions by injunction, together with the right to cause the removal by due process of law of any structure or part thereof erected or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns. |
(Additional dedications and protective covenants or private restrictions would be inserted here upon the subdivider’s initiative or the recommendation of the Commission; important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor area.) |
Witness our Hands and Seals this [day] of [month], 20XX. |
__________________ (Signature Line) State of Indiana County of Wayne |
Before me, the undersigned Notary Public, in and for the County and State personally appeared and separately and severally acknowledge the execution of the foregoing instruments as his or her voluntary act and deed for the purpose therein expressed. |
Witness my hand and Notarial Seal this [day] of [month], 20XX. |
(4) Plan Commission (or Plat Committee) certificate. The following shall be attached for certification by the Plan Commission or Plat Committee:
UNDER AUTHORITY PROVIDED BY I.C. 36-7-4-700 THROUGH 36-7-4-715 ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THEREOF, AND AN ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, THIS PLAT WAS GIVEN APPROVAL BY THE RICHMOND CITY PLAN COMMISSION/OR RICHMOND PLAT COMMITTEE AS FOLLOWS: |
Approved by the Richmond City Plan Commission/or Richmond City Plat Committee at a meeting held [fill in location]. |
President |
___________________ (Signature Line) |
Executive Secretary |
___________________ (Signature Line) |
The following shall be attached for Transfer and Recording: |
TRANSFER AND RECORDING |
Duly entered for taxation this [day] of [month], 20XX. |
Wayne County Auditor |
___________________ (Signature Line) |
Recorded this [day] of [month], 20XX. |
Wayne County Recorder |
___________________ (Signature Line) |
(5) County Commissioner certificate. The following shall be attached when the proposed subdivision is located in the unincorporated territorial jurisdictional area of the city.
The Commissioners of Wayne County, Indiana, hereby certify that adequate surety has been presented to guarantee the construction of the roadway and that the roadway meets Wayne County standards and will be accepted into the Wayne County roadway system when completed. Certified at a meeting of the Wayne County Commissioners this [day] of [month], 20XX. |
_______________________ (Commissioner Signature) |
_______________________ (Commissioner Signature) |
_______________________ (Commissioner Signature) |
(E) Filing requirements.
(1) Application. The applicant shall submit a letter stating the status of infrastructure improvements and requesting secondary plat. The original application for primary plat should be on file with the Zoning Administrator.
(2) Supporting information. The following information shall accompany the applicant’s letter requesting secondary plat:
(a) Plans showing the precise location of all installed monumentation;
(b) Plans showing final dimensions for lots, rights-of-way and easements;
(c) If infrastructure improvements are complete, the supporting information shall include as-built drawings of each infrastructure system and any required inspections or certifications by engineers or surveyors;
(d) If infrastructure improvements are not complete, the supporting information shall included detailed descriptions and locations of infrastructure to be installed, estimates from contractors for all infrastructure improvements and a performance bond for the total amount of the infrastructure improvements; and
(e) Any other information necessary to support a thorough review of the project that is requested, in writing, by the Zoning Administrator or Plan Commission.
(3) Deadline. Thirteen hard copies of the letter requesting secondary plat; 13 hard copies of all supporting information; one digital copy of the letter requesting secondary plat and all supporting information in .pdf (portable document format); and one digital copy of any drawings in .dwg file format shall be filed within two years of the approval of primary plat by the Plan Commission.
(4) Fees. Applicable fees shall be paid at the time the request for secondary plat is filed.
(F) Formal procedure.
(1) Assignment. The Zoning Administrator shall review the letter requesting secondary plat and all supporting information. Based on the history and the complexity of the project, the Zoning Administrator shall determine if the secondary plat should be presented to the Plan Commission or Plat Committee. Should the Zoning Administrator determine Plan Commission or Plat Committee review is necessary, the Zoning Administrator shall assign the secondary plat a case number and place it on the first Plan Commission or Plat Committee agenda that occurs 28 days after the secondary plat was submitted in its entirety. The Zoning Administrator shall notify the applicant in writing if Plan Commission or Plat Committee review is necessary and the date of the meeting, if applicable.
(2) Review. The Zoning Administrator shall provide the letter requesting secondary plat, the supporting information and a comment sheet to all applicable departments and agencies. Each department shall determine if the infrastructure improvements installed or proposed to be installed meet the city’s construction standards and if the improvements include adequate connection to existing and future systems. If applicable, each department shall also review applicable cost estimates for reasonableness. Each department shall return the comment sheet with any comments or concerns concerning the infrastructure or the project to the Zoning Administrator. If it has been determined that Plan Commission review is required, the Zoning Administrator shall forward the comment sheets to the Plan Commission for review at the meeting.
(3) Public notice. Notice and public hearing shall not be required for secondary plat.
(4) Review and decision. The Zoning Administrator shall, based on comments from departments, approve, approve with conditions or deny the secondary plat. In cases where the secondary plat is being heard by the Plan Commission, the Plan Commission shall review the comments from departments at a regularly scheduled public meeting and approve, approve with conditions, or deny secondary plat.
(G) Duration. An approved secondary plat and any conditions shall be recorded in the office of the County Recorder within one year of the date of approval or become null and void.
(Ord. 10-2010, passed - -2010, § 9.15)