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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)
(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)
(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)
(A) (1) If the subdivider elects to install all improvements, including traffic control devices, before he applies for secondary plat approval and it is shown to the satisfaction of the Commission that the conditions of this chapter have been met, and if the secondary plat conforms substantially to the plat that received primary approval, the sudivider (applicant) is exempt from the remaining provisions of this section of the chapter provided, however, that said application for secondary approval is made within five years of primary plat approval without the granting of extensions. Extensions shall be for not less than one year, nor more than five years. Moreover, if the above conditions are met, the Commission shall have no other course than to give secondary plat approval within 30 days after application for secondary approval.
(2) The following provisions allowing for other proof of financial responsibility in lieu of installing all improvements before applying for secondary plat approval shall not apply to traffic control devices. The cost of all devices shall be borne by the subdivider, and shall be installed by the subdivider prior to any street being constructed, either completely or partially, and opened to the public.
(B) If the subdivider (applicant) elects to apply, for secondary approval prior to the complete installation of all basic and street improvements that received primary approval, then in lieu thereof, the subdivider (applicant) shall file with the Area Plan Commission an irrevocable letter of credit guaranteeing that the improvements will be completed or other proof of financial responsibility, as hereinafter set forth.
(1) If the subdivider (or applicant) elects to file an irrevocable letter of credit with the Area Plan Commission to assure completion of all basic and street improvements required by the Commission, such surety shall:
(a) Be securable to Board of Commissioners.
(b) Be in an amount determined by the County Highway Engineer and County Surveyor to be sufficient to complete the improvements required.
(c) Provide surety satisfactory to the Board of Commissioners.
(2) Any funds received from irrevocable letters of credit shall be used by the county only for the purpose of making the improvements and installations for which the irrevocable letter of credit was provided. The proceeds of the irrevocable letter of credit may be used for these purposes without appropriation. If the improvement or installation is to be made within a participating city or town, the county shall transmit the proceeds of the irrevocable letter of credit or cashier's check to the participating city or town who shall complete the improvements or installation.
(3) Such irrevocable letter of credit shall comply with all statutory requirements and shall be satisfactory to the Attorney of the Board of County Commissioners as to form, sufficiency, and manner of execution. The period within which required public improvements must be completed shall not exceed two years from date of secondary approval. Such bond shall be approved by the participating jurisdiction as to amount. The Plan Commission may upon proof of difficulty, grant an extension of the completion date set forth in such bond for a maximum period of one additional year, provided that the bond submitted for this extension period meets all other requirements herein. The Commission may at any time during the period of such bond accept a substitution of principal or sureties on the bond as hereinafter provided.
(C) The subdivider shall have the option of providing proof of financial responsibility to the county by means of any of the following courses of action in lieu of providing the irrevocable letter of credit as specified in division (B) of this section: the subdivider may submit a certified check (cashier's check) to the County Auditor made payable to the county in an amount equivalent to 100% of the estimated costs to complete the improvements as determined by the County Highway Engineer and County Surveyor. In this event, the subdivider shall be entitled to receive progress payments from the funds deposited by the subdivider of not more than 90% of the value of any work completed; provided, however, that all such work completed shall have been inspected and approved by the registered professional engineer or land surveyor responsible for inspecting the basic and street improvements. The remaining 10% of the cashier's check over and above the 90% progress payments shall be paid by the County Auditor upon receipt by the Area Plan Commission of a certificate of completion of basic and street improvements as provided in § 154.021. Any payments or release of funds by the County Auditor shall be made only upon receipt of an approval certificate signed by the Area Plan Commission Executive Director.
(D) In the event that surety is required, which shall be in the form of an irrevocable letter of credit or cashier's check, the time for each shall be as follows.
(1) Streets and drainage.
(a) First submittal. Shall be a minimum of one year and maximum of two years. If a cashier's check is used, it shall be deposited into an escrow account with the Warrick County Auditor.
(b) Second submittal. If the improvements have not been completed; the subdivider may have their engineer submit a certified report of percentage of street and drainage completion yet to be finished and the dollar amount required to complete the work. This submittal must be made to the Area Plan Commission office a minimum of 30 days prior to the expiration date of the one or two year expiration time line. The County Highway Engineer shall make an inspection to verify said Engineer's certification. Once the County Engineer gives his written approval, the subdivider may submit a new letter of credit a minimum of ten days prior to the expiration date of the one being replaced. The new letter of credit shall not exceed a time period of one year. In the case of a cashier's check, a claim shall be submitted to the County Auditor for the reduced dollar amount with the remainder needed for the completion to remain in the escrow account. The time period for this shall not exceed one year.
(c) Third submittal. At the discretion of the Warrick County Board of Commissioners, an extension of one additional year may be granted upon a written request which shall be submitted to the Area Plan Commission office a minimum of 30 days prior to the expiration date of the current surety in place. This request must be placed on the agenda of the Warrick County Commissioners.
(d) Fourth submittal. In the event the subdivider can demonstrate that due to some unforeseen circumstance or hardship beyond his or her control and not self-created, they may request a second and final extension to be granted by the Warrick County Board of Commissioners if improvement location permits have been issued for less than 75% of the subdivision lots. At the discretion of the Warrick County Board of Commissioners, they may grant the extension for such period of time they deem adequate, however, not less than one year and not to exceed two years.
(2) Sidewalks.
(a) First submittal. Shall be for a minimum of one year and a maximum of five years. In the case that the subdivider has existing letters of credit for sidewalks on sections of the same subdivision, the subdivider may have the expiration date of less or more time than the time allowed to be the same expiration date of other letters of credit being held on that development. This will not shorten or lengthen the time period allowed to complete the improvements.
(b) Second submittal. If the improvements have not been completed; the subdivider may have his or her engineer submit a certified report of percentage of sidewalk completion yet to be finished and the dollar amount required to complete the work. This submittal must be made to the Area Plan Commission office a minimum of 30 days prior to the expiration date of the existing letters of credit or date cashier's check was submitted. The County Highway Engineer shall make an inspection to verify said Engineer's certification. Once the County Highway Engineer gives his or her written approval, the subdivider may submit a new letter of credit a minimum of ten days prior to the expiration date of the one being replaced. The new letter of credit shall not exceed a time period of one year. In the case of a cashier's check, a claim shall be submitted to the County Auditor for the reduced dollar amount with the remainder needed for the completion to remain in the escrow account. The time period shall not exceed one year.
(c) Third submittal. At the discretion of the Warrick County Board of Commissioners, they may grant an extension of one additional year upon written request of the subdivider and provided he or she follows the previously mentioned procedure for submittal by the subdivider's engineer and agreed upon by the County Highway Engineer. This request must be placed on the agenda of the Warrick County Commissioners.
(d) Fourth submittal. In the event the subdivider can demonstrate that due to some unforeseen circumstance or hardship beyond their control and not self-created, they may request a second and final extension to be granted by the Warrick County Board of Commissioners. If improvement locations permits have been issued for less than 75% of the subdivision lots, at least one side of each street must be installed for pedestrian safety and convenience by this time. This is to be certified to by their engineer and verified by the County Highway Engineer.
(3) There shall be no reduction in the dollar amount of any surety during it's term.
(E) At such time all street construction has been completed and streets accepted for maintenance and sidewalk construction acknowledged, any irrevocable letter of credit guaranteeing the construction shall be released.
(1) The subdivider may submit an irrevocable letter of credit in favor of the Board of County Commissioners to be held by the Area Plan Commission and in an amount equivalent to 100% of the cost of completion of the uncompleted portion of required basic improvements.
(2) The subdivider may submit any combination of an irrevocable letter of credit or cashier's check to the county in an aggregate amount equivalent to 100% of the cost of completion of the uncompleted portion of required public improvements.
(3) If water and/or sewer lines are required per this chapter, proof of financial responsibility provided by subdivider to the municipality furnishing water and/or sanitary sewage may be accepted as the proof of financial responsibility required by this section provided the Area Plan Commission has received written assurances from such municipality which furnishes such services.
(a) With respect to the installation or extension of water, sewer, or other utility service, the applicant may show by written evidence that he or she has entered into a contract with the political subdivision providing the service; and
(b) The Area Plan Commission determines based on written evidence that the contract provides satisfactory assurance that the service will be installed or extended in compliance with this chapter; or
(c) The plat and the applicable deed shall display the following notations:
The utility will not sell sewer/water taps for any lot in this subdivision until the sewer/water lines servicing the subdivision are installed and deemed substantially complete by said utility. Warrick County will not issue Improvement Location Permits or Building Permits for any lot in this subdivision until a sewer/water tap for the lot is issued by said utility.
(4) Any means of financial responsibility submitted by the subdivider in lieu of an irrevocable letter of credit, such as a cashier's check, shall comply with all statutory requirements and shall be satisfactory to the Attorney of the County Commissioners as to form, sufficiency and manner of execution.
(G) Upon certification of completion of all basic and street improvements as required in § 154.021, the County Commissioners shall release the irrevocable letter of credit or cashier's check that has been posted to guarantee completion of the improvements and discharge the subdivider and surety from further liability or responsibility thereunder. Any financial instrument (i.e., cashier's check) used by the subdivider in lieu of an irrevocable letter of credit shall likewise be released with a discharge of further liability or responsibility for completion of the improvements.
(BC Ord. 2006-05, passed 3-20-06; Am. BC Ord. 2007-22, passed 9-12-07; Am. BC Ord. 2013-29, passed 11-12-13; Am. BC Ord. 2021-01, passed 1-11-21)
(A) The Executive Director shall examine the secondary plat and all accompanying documentation to determine whether they conform with the primary plat and with all changes permitted and all requirements of this chapter imposed as a condition of the secondary plat's acceptance. If the Executive Director shall determine not to approve said plat, they shall advise the subdivider of the changes or additions that must be made before approval will be granted, and shall set forth its reasons in its own records and provide the applicant a copy. If the secondary plat does not conform substantially to the approved primary plat then the Executive Director shall forward said secondary plat to the Commission for approval. If Executive Director and/or Commission shall determine to approve the plat, it shall affix the Commission's seal upon the plat, together with the certifying signatures of its President and Executive Director.
(B) Plat release.
(1) Provided the Executive Director and/or Area Plan Commission has granted secondary approval, the plat release shall be executed by the Executive Director upon receipt of a plat release fee as set by the Area Plan Commission (pursuant to I.C. 36-7-4-411) has been paid to the Area Plan Commission.
(2) Exclusion:
(a) There shall be no fee required for any application by a participating unit of government in the Area Plan Commission.
(b) Corrected plat due to an error or omission.
(BC Ord. 2006-05, passed 3-20-06)
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