Loading...
(A) The plat shall be prepared by a registered land surveyor and duly signed and sealed in form, content and detail prescribed hereinafter.
(BC Ord. 2006-05, passed 3-20-06)
The plat shall be clearly and legibly drawn at a scale of not more than 100 feet to one inch on a sheet or sheets 24 inches by 36 inches or multiples thereof, except that, when the drawing at that scale requires more than two sheets, the plat may be drawn at a scale of 200 feet to one inch. A read-only electronic version of the plat shall also be provided in a format specified by the Area Plan Commission staff.
(BC Ord. 2006-05, passed 3-20-06)
(A) The plat application for primary plat approval must include the following information.
(B) Vicinity plan. A vicinity plan drawn to a scale of not less than 1,000 feet to one inch showing the relationship of the plat to its general surroundings and showing and identifying the following details:
(1) Existing streets within 1,000 feet of the subdivision.
(2) Municipal boundaries within 1,000 feet of the tract.
(BC Ord. 2006-05, passed 3-20-06)
(A) The major subdivision plat must include the following in order to be considered for primary approval:
(1) Contents.
(a) Proposed name of subdivision. The name shall not duplicate the spelling or pronunciation of any other recorded subdivision.
(b) Location by section, quarter section, township, range, city, town or civil township and complete metes and bounds or other legally recorded boundary description.
(c) Names and addresses of the owner, subdivider (applicant) if other than the owner and seal of registered land surveyor preparing the plat.
(d) Scale of plat including graphic scale, north point and date.
(2) Existing conditions.
(a) Boundary lines of proposed subdivision indicated by a heavy line with bearings and distances and the approximate acreage.
(b) Location and description of all monuments with references by distance and bearings to quarter section and quarter-quarter section corners.
(c) Location, width and names of all existing or prior platted streets or other public ways, railroad and utility rights-of-way and easements, parks and other public open spaces, permanent buildings or structures, and section and municipal corporation lines within or adjacent to the tract.
(d) In case of a replat creating additional lots, all descriptive lines and lot numbers of the original plat being vacated shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, the new plat being clearly shown in solid lines so as to avoid ambiguity or confusion.
(e) Streets on and adjacent to the tract: name and right-of-way width and location.
(f) Municipal facilities, public improvements and utilities on and adjacent to the tract.
(g) Existing contours with intervals of not more than five feet where the slope is greater than 10% and not more than two feet where the slope is less than 10%. Elevations shall be based on the National Geodetic Vertical Datum of 1929. If not practicable an assumed datum to the satisfaction of the County Highway Engineer may be used.
(h) Subsurface conditions on the tract, if required by the Area Plan Commission: location and results of tests made to ascertain subsurface soil, rock and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet; location and results of soil percolation tests if individual sewage disposal systems are proposed.
(i) Other conditions on the tract: water courses, 100-year flood contour line from FIRM map, legal drains, marshes, rock outcrop, wooded areas, existing structures, and other significant features.
(j) Other conditions on adjacent land: approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land refer to subdivision plat by name, recording data and number, and show approximate percent built-up, typical lot size and dwelling type.
(k) Current zoning and, if applicable, proposed zoning on the tract plus zoning on abutting tracts.
(l) Proposed public improvements; highways or other major improvements planned by public authorities for future construction on or near the tract.
(m) The nearest distance to a fire hydrant shall be shown. If such distance is greater than 600 feet, the plat submission shall include a letter from the appropriate fire chief stating the greater distance is acceptable or that an alternative source of water is (or shall be made) available. Any condition stated by the fire chief shall be placed on the plat. For final plat approval, a letter approving water capacity and location of fire hydrants by the appropriate water company will be required.
(3) Proposed conditions.
(a) Streets names and right-of-way; similar data for alleys, if any.
(b) Other rights-of-way or easements; location, width and purpose.
(c) Lot lines with adequate dimensions, including area, lot numbers and block numbers. If proposed subdivision is a non-residential subdivision, this condition may be waived by the Area Plan Commission if the subdivider certifies to a minimum lot size and meets all other conditions of this chapter.
(d) Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses.
(e) Minimum building setback lines for the front yard only and distances at proposed building lines on any curved streets.
(f) Site data, including number of residential lots, type, typical lot size, and acres in parks, open spaces or school sites.
(g) Title, scale, north arrow and date.
(h) Parcels of land to be dedicated or temporarily reserved for public use or set aside for the use of property owners in the subdivision. Land to be dedicated for parks or other public uses shall be set forth and shown on the plat under the appropriate heading such as "Park" or "Out Lot for Public Use".
(4) Accompanying plans, specifications and certifications.
(a) The application for primary plat approval must be accompanied by the following:
1. If private sewage disposal systems and/or wells are proposed, approval and certification of same by the County Health Department. In cases of a non-residential subdivision not showing definite proposed lot lines allowed by the Commission, this certification shall certify to the minimum lot size allowed for said private sewage disposal system and/or well by the County Health Department and State Board of Health.
2. If new sanitary sewer connections are to be installed, a capacity letter from the municipality (or sanitary sewer utility) serving the subdivision.
3. If new water service connections are to be installed, a capacity letter from the municipality (or water utility) serving the subdivision.
4. The subdivider shall submit to the Area Plan Commission two initial and four final sets of drainage plans for the proposed subdivision with a cost estimate for construction of the drainage improvements certified by a registered engineer.
5. The subdivider shall submit to the Area Plan Commission two initial and four final sets of detailed plans and specifications for street and sidewalk construction. The detailed plans shall consist of cross sections and profiles of streets showing grades. The profiles shall be drawn to county standard scales and elevations and shall be based on the National Geodetic Vertical Datum of 1929. The plans must be accompanied by a certificate of compliance on a prescribed form available from the Area Plan Commission, which said certificate shall contain the following:
A. Estimated date for the commencement of construction.
B. Estimated date for construction completion.
C. Project location.
D. Detailed description of the type of construction.
E. Location and typical street sign design if different from standard design shown on Appendix A of this chapter. Traffic control devices which include, but are not limited to, stop signs at intersections, yield signs at intersections, dead end signs, warning signs, and speed control signs shall be located and designed per the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways subject to approval by the Highway Engineer and Board of Commissioners respectively reserving the right to make additions or changes. The Certificate of Compliance must detail the type of devices, how many, and dollar amount of each device.
F. Name, length and estimated cost of construction for each street.
G. Location of sidewalks together with estimated cost of construction.
H. Total estimated cost of all street and sidewalk construction.
I. A certificate by the subdivider that the construction will be completed in accordance with the plans submitted.
J. A certificate of a registered engineer that the specifications meet the minimum requirements of this chapter.
K. A certificate of a registered engineer that he or she will perform periodic job site inspections to determine that construction is completed in accordance with the plans and specifications.
(b) Prior to primary approval being granted by the Area Plan Commission, the following approvals must be obtained:
1. Drainage Board for the subdivision's drainage plan.
2. Board of Commissioners for the street plans and specifications.
(B) The Area Plan Commission staff will take the necessary administrative action to schedule the appropriate reviews by the Drainage Board, County Highway Engineer and Board of Commissioners.
(C) Provided the street plans and specifications meet all applicable provisions of this chapter, the County Highway Engineer and the Board of Commissioners shall have no course than to grant approval of the plans and specifications and to so certify.
(D) To establish the cost estimates referred to in division (A)(4)(a)5.H. of this section, a cost breakdown must be submitted by a registered professional engineer. If inconsistent with current development costs, the Area Plan Commission may require a copy of the construction contract. Said cost estimates may be used for the purpose of establishing the amount of the irrevocable letter of credit for guaranteeing completion of improvements as required by § 154.022.
(BC Ord. 2006-05, passed 3-20-06; Am. BC Ord. 2007-23, passed 9-12-07)
At the discretion of the Area Plan Commission or Executive Director, the following information shall be disclosed on the plat: proposed restrictive covenants properly prepared and legally sound which may be deemed essential to the sound development of the proposed area. At the discretion of the subdivider and/or Area Plan Commission, restrictive covenants may be proposed to regulate land use in the subdivision and otherwise protect the proposed development. Said covenants shall not be less restrictive than any of the provisions of this chapter. The Area Plan Commission shall have no authority to enforce said covenants. Enforcement shall be the responsibility of the property owners.
(BC Ord. 2006-05, passed 3-20-06)
(A) In determining whether to grant primary approval of a plat, the Plan Commission shall determine if the plat or subdivision qualifies for primary approval under standards prescribed in this chapter. Following the public meeting the Commission shall render primary approval or disapproval of the plat with or without conditions.
(B) The standards fixed in this chapter may be waived at the discretion of the Commission; however, to be approved, the plat must still meet all applicable standards prescribed in the zoning ordinance. As a condition of granting a waiver, the Commission, may allow or require a commitment to be made as described in part in I.C. 36-7-4-1015 as a condition to primary approval of a proposed subdivision plat or development plan the owner of a parcel of real property may be required or allowed to make a commitment to the Plan Commission concerning the use or development of that parcel. (See Comprehensive Zoning Ordinance for the I.C. 36-7-4-1015 in its entirety)
(C) Primary approval is strictly tentative, involving the general acceptability of the layout submitted and shall be effective for a maximum period of five years unless, upon application of the subdivider, the Executive Director grants an extension for one year. If the plat has not been submitted for secondary approval within this time limit, the primary plat shall be considered null and void and no further action shall be taken except by re-application as hereinbefore provided.
(D) If, after the hearing the Commission determines the application and plat comply with the standards in the this chapter, it shall make written findings granting primary approval to the plat in triplicate form signed by the President or the Commission and certified by the Executive Director. This decision, which must also specify any condition imposed or waiver granted.
(E) If, after the hearing the Commission disapproves the plat, it shall make written findings that set forth its reasons denying primary approval and provide the applicant a copy.
(F) Primary approval of a plat, with or without conditions, shall in no way constitute approval of the plat required prior to being filed with the auditor and recorder. However, the Commission, Executive Director or County Commissioners may not impose any additional terms, conditions or commitments after primary approval.
(BC Ord. 2006-05, passed 3-20-06; Am. BC Ord. 2013-07, passed 6-10-13)
(A) Within five years after primary approval, or within the time limit of any extension granted, with or without conditions, the subdivider shall submit a plat prepared by a registered professional land surveyor in conformance with the primary plat for secondary approval. The Area Plan Commission will notify the subdivider 90 days prior to the expiration of said five years.
(B) The secondary plat shall conform substantially to the approved primary plat, reflecting all terms, conditions and commitments given by the subdivider or required by the Area Plan Commission and it may constitute only that portion of the approved primary plat which the subdivider proposes to record and develop at the time, provided that such portion conforms with all the requirements and standards of this chapter. The approved primary plat may be submitted as the secondary plat if it meets all the necessary requirements of this chapter.
(C) Under no circumstance shall a secondary plat be recorded unless said plat has received secondary approval and a plat release has been duly executed as set forth in §§ 154.020 through 154.023.
(BC Ord. 2006-05, passed 3-20-06)
Loading...