(A) After approval of the preliminary plat by the Commission and the fulfillment of the requirements of these regulations, one tracing of the final plat of the subdivision, drawn with India ink on the best grade of tracing cloth, and one reproduction of the tracing on tracing cloth shall be submitted to the Commission. Upon the final approval of the plat, the reproduction shall become the property of the Commission. The final plat may be submitted for approval immediately after hearing, and upon approval of the preliminary plat by the Commission. In case the final plat is not ready, the date for the hearing on the final plat shall be set within 40 days from the date requested by the subdivider. The final plat, if desired by the subdivider, may constitute only that portion of the approved preliminary plat which he or she proposes to record and develop at that time; however, that portion shall conform to all requirements of these regulations. The final plat shall be prepared at the same scale as the preliminary plat and shall show:
(1) Name of subdivision;
(2) Location by section, township, and range or by other legal description;
(3) The name and certification of the registered professional engineer or land surveyor;
(4) Scale shown graphically, date, and north point;
(5) Boundary of plat, based upon an accurate traverse with angular and lineal dimensions;
(6) Exact location, width, and name of all streets within and adjoining that plat, and the exact location and widths of all alleys and crosswalks;
(7) True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the plat;
(8) City, township, county, or section line accurately tied to the lines of the subdivision by distances and courses;
(9) Radii, internal angles, central angles, points of curvature and tangency, lengths of tangents, and lengths of all arcs;
(10) All easements for right-of-way provided for public services of utilities;
(11) All lot and block numbers and lines, with accurate dimensions in feet and hundredths. Blocks in numbered additions to subdivisions bearing the same name may be numbered consecutively through the several additions;
(12) Lines of all streets with accurate dimensions in feet and hundredths, showing angles to street, alley, and lot lines;
(13) Accurate location of all monuments;
(14) Accurate outlines and legal description of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication, and of any area to be reserved by deed covenant for common uses of all property owners;
(15) Building setback lines accurately shown with dimensions;
(16) A description of the property platted which shall be the same as that recorded in the preceding transfer of the property or that portion of the transfer covered by plat;
(17) Restrictive covenants of all types which run with the land;
(18) Property numbers based on the official property numbering system of the town; and
(19) Certificate for approval by the Commission.
(B) The final plat submitted to the Commission shall be accompanied by a notice from the Town Council stating that there has been filed with and approved by that Council one of the following:
(1) A certificate that all improvements and installations to the subdivision required for its approval have been made or installed in accordance with specifications; or
(2) A bond which shall:
(a) Run to the Town Council;
(b) Be in an amount determined by the Plan Commission to be sufficient to complete the improvements and installations in compliance with this chapter;
(c) Be with security satisfactory to the Plan Commission;
(d) Specify the time for the completion of the improvements and installations; and
(e) Any funds received from these bonds shall be used by the Town Council only for the completion of the improvements and installations for which they were provided. The Town Council is authorized to complete the improvements and installations on the failure of applicant to do so.
(C) After the final hearing and within a reasonable time after application for approval of the final plat, the Commission shall approve or disapprove it. If the Commission approves the plat, it shall affix the Commission’s seal upon the plat together with the certifying signature of its President and its Secretary. If the Commission disapproves the plat, it shall set forth its reason in its own records and provide the applicant with a copy.
(D) The following forms shall be used in final plats.
CERTIFICATES
(1) Under authority provided by Chapter 174, Acts of 1947, enacted by the General Assembly of the State of Indiana and ordinance adopted by the Town Council, South Whitley, Indiana, this plat was given approval as follows:
Approved by the South Whitley Plan Commission at a meeting held on the____ day of__________, 20__.
_____________________
President
_____________________
Secretary
(2) Each final plat submitted to the Commission for approval shall carry a certificate signed by a Registered Professional Engineer or Land Surveyor in substantially the following form:
I,_________________(name)___________________, hereby certify that I am a Professional Engineer (or a 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 actually exist; and that their location, size, type and material are accurately shown.
(SEAL)____________ Signature_________________
(3) Each final plat submitted to the Commission for approval shall carry a deed of dedication in substantially the following form:
We the undersigned,_______________(names)______________, owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the within plat.
This subdivision shall be known and designated as_______________(name)________________, an addition to ______________ (name)_______________. All streets and alleys shown and not heretofore dedicated, are hereby dedicated, to the public.
Front and side 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.
There are strips of ground______________(number)__________feet in width as shown on this plat and marked “Easement”, reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject to the rights of the public utilities,
(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 residential use, the minimum habitable floor area.)
The foregoing 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, 20___, (a 15 to 25 year period is suggested), at which time said covenants, (or restrictions), shall be automatically extended for successive periods of ten years unless by vote of a majority of the then owners of the building sites covered by these covenants, (or restrictions), in whole or in part. Invalidation of any one of the foregoing covenants, (or restrictions), by judgement or court order shall in no way effect 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.
Witness our Hands and Seals this_____day of________, 20___.
_______________________
_______________________
_______________________
State of Indiana
SS
County of Whitley
Before me the undersigned Notary Public, in and for the County and State, personally appeared____________(name)____________,______________(name)______________,___________ ___(name)_______________, and each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed.
Witness my Hand and Notarial Seal this ____ day of______, 20___.
____________________
Notary Public
(E) In cases involving a subdivision of five lots or less, the Plan Commission may by majority vote of its membership waive the requirement in division (A) above of public hearing for final plat approval. The requirements of this chapter, insofar as design, standards, specifications, required data on plats, and other procedural requirements, may not be waived.
(Prior Code, § 153.13) (Ord. 1-PC-1956, passed 1-28-1957)