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Warrick County, IN Code of Ordinances
WARRICK COUNTY, INDIANA CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: PUBLIC SAFETY
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 154.015 VICINITY PLAN.
   (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)
§ 154.016 REQUIRED PRIMARY PLAT INFORMATION.
   (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)
§ 154.017 OPTIONAL PRIMARY PLAT INFORMATION.
   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)
§ 154.018 PRIMARY PLAT APPROVAL.
   (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)
§ 154.019 FINAL PLAT.
   (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)
§ 154.020 REQUIRED SUBMISSIONS PRIOR TO CONSIDERATION OF SECONDARY APPROVAL.
   (A)   Timing and form of submission. At least two weeks prior to the date of meeting at which it is to be considered by the Commission or Executive Director, certain reproductions of the secondary plat, which may include all or only a portion of the approved primary plat, shall be submitted to the Area Plan Commission Office according to the following instructions. A replat, limited to changing lot lines not increasing the number of lots, or adding additional area, or a subdivision with no substantial change from the approved primary plat, may be approved by the Executive Director after obtaining a sign-off by the County Highway Engineer that the subdivision meets all the approved street construction plans (i.e., the County Highway Engineer certifies that all improvements have been made or establishes a dollar amount for an irrevocable letter of credit covering the cost of improvements yet to be completed), the County Surveyor that the subdivision meets all the approved drainage plan approvals (i.e., the County Surveyor certifies that all improvements have been made or establishes a dollar amount for an irrevocable letter of credit covering the cost of improvements yet to be completed), and receipt of an irrevocable letter of credit covering the cost of improvements yet to be completed in the amount specified by the County Highway Engineer and County Surveyor. It is at the discretion of the Executive Director if the secondary plat must be presented to the Commission.
      (1)   One original reproducible Mylar transparency with six blackline or blueline reproductions. A read-only electronic version of the plat shall also be provided in a format specified by the Area Plan Commission staff.
      (2)   All plats shall be drawn with black drawing ink on a sheet(s) 24 inches by 36 inches. "Stick on" lettering or sheets are not acceptable. The plats may be prepared on paper using "stick-on" from which a permanent Mylar is made. Ammonia process Mylars are not acceptable. The left margin shall be a minimum of two inches. The plat shall be drawn at a scale of not more than 60 feet to one inch unless the proposed lots are 2 1/2 acres or more which may be drawn at a scale not more than 200 feet to one inch; multiple sheets are acceptable. The six reproductions of the final plat and the original reproducible Mylar transparencies shall become the property of the Area Plan Commission.
   (B)   Required secondary plat information. The secondary plat shall contain the following information:
      (1)   Name of subdivision.
      (2)   Location by range, section, quarter section, township, city, town or civil township with legal boundary description or by other legal description.
      (3)   The name, address, and certification of the licensed surveyor preparing the plat and his or her signature and seal.
      (4)   Scale shown graphically and numerically, north point and date.
      (5)   Boundaries of the tract with accurate dimensions and bearings as determined by an accurate survey in the field that has been balanced and closed, as well as physically located by monumentation.
      (6)   A note indicating the basis of all bearings used in the boundary survey and shown on the plat. Reference to true meridian is encouraged.
      (7)   Sufficient data must be shown to determine readily the bearings and length of every lot line, block line and boundary line. Dimensions of lots shall be given as total dimensions, corner to corner, and shall be shown in feet and hundredths of a foot. No ditto marks shall be used. All lots must show square footage of lot area.
      (8)   Location and description of all monuments with references by distance and bearing to quarter sections and quarter quarter sections.
      (9)   Right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles, and radii, arcs, and central angles of all curves.
      (10)   Name and right-of-way width of each street or other right-of-way.
      (11)   On cul-de-sacs and on any curved street, angles at the center thereof between markers on the perimeter shall be shown. No lot shall be dimensioned to contain any part of an existing or proposed public right-of-way.
      (12)   Whenever a participating city or town or Warrick County has established or adopted a system of coordinates, then the boundary survey shall be tied into such system.
      (13)   The plat shall show clearly what markers, monuments or other evidence were found on the ground to determine the boundaries of the subdivision. The adjoining subdivision shall be identified by lot and block numbers, subdivision name, place of record, or other proper designations.
      (14)   Township and range and quarter-section lines shall be accurately tied to lines of the subdivision by distance and bearing.
      (15)   At least two benchmarks shall be located in the subdivision and so indicated with their elevations shown on the plat. All elevations shall be based on the National Geodetic Vertical Datum of 1929 as shown on the primary plat.
      (16)   Show the center and side lines of streets, the total width of all streets, width of the portion being dedicated and the width of existing dedications, and the widths each side of the center line; also, the width of railroad rights-of-way appearing on the plat.
      (17)   Easements must be clearly labeled, identified, the side line shown, and if already recorded, their recorded reference given. Easements shall be denoted by fine dashed lines. The widths of easements and the lengths and bearings of the lines thereof when needed and sufficient ties thereto definitely locating the easement with respect to the subdivision must be shown. If the easement is being dedicated by the plat, it shall be so stated in the owner's certificate of dedication.
      (18)   Numbers or letters for all lots or other areas.
      (19)   Street addresses for lots shall be obtained from records of the Area Plan Commission Office.
      (20)   Building set-back lines for the front yard only and distances at proposed building lines on any curved streets.
      (21)   Restrictions, dedications, and private covenants to be made a part of the secondary plat by the inclusion or reference.
      (22)   The following certificates shall appear on the secondary plat:
         (a)   A certificate signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recording of said plat.
         (b)   An acknowledgment certificate signed by a Notary Public.
         (c)   A certificate by the registered land surveyor responsible for the survey and final plat and his or her signature and seal.
         (d)   A certificate for execution by the Area Plan Commission.
         (e)   A certificate from the County Drainage Board and signed by the Secretary of said Drainage Board.
   (C)   In the event all basic and street improvements have been installed prior to secondary approval, the following certificate must accompany the secondary plat: a certificate of completion by a registered professional engineer or registered land surveyor attesting that all basic improvements have been installed in conformance with the primary plat and applicable provisions of this chapter.
   (D)   In the event application for secondary approval is made prior to completion of all basic improvements, proof of financial responsibility must be filed with the Area Plan Commission in accordance with the provisions of § 154.022(B).
(BC Ord. 2006-05, passed 3-20-06; Am. BC Ord. 2011-16, passed 7-11-11)
§ 154.021 INSPECTION OF IMPROVEMENTS DURING CONSTRUCTION.
   (A)   Street improvements inspection by County Highway Engineer. Installation of all street improvements shall be inspected by the county or the participating city or town within whose territorial boundaries the subdivision is located. At least a 24 hour notice shall be given the County Highway Engineer or town board of the participating jurisdiction prior to the installation of any pavement for street construction. Such inspections are required in all instances regardless of whether the work is performed before or after the subdivision plat has been recorded. Failure to request inspection of work performed after may be cause for denial of acceptance of the streets by the county or participating jurisdiction for maintenance.
   (B)   Basic and street improvements inspection by Registered Engineer. The installation of all basic and street improvements shall be inspected during construction by a registered professional engineer at the expense of the subdivider. If, on the basis of this (these) inspection(s) and a final inspection upon completion of construction, the engineer finds that all basic and street improvements have been constructed in accordance with the requirements of this chapter, the said engineer shall provide the Area Plan Commission with a certificate to that effect. By this rule, the Area Plan Commission hereby prescribes the principal procedure for determining whether all non-street improvements and installations have been constructed and completed as required by this chapter.
(BC Ord. 2006-05, passed 3-20-06)
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