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§ 154.038 REQUIRED MINOR SUBDIVISION PLAT INFORMATION.
   (A)   The application for minor subdivision plat approval shall include the following data:
      (1)   Title of minor subdivision.
      (2)   Recording data of the deed of the property being divided, including deed book and page number and tax block and lot number. (A copy of the deed shall be attached.)
      (3)   Owners of record with their names, addresses, and original signatures (to be affixed and dated).
      (4)   A parent tract legal boundary description, with the lengths and bearings from all property corners (to be monumented with a steel rod) shown on the plat. Each parcel shall have a legal boundary description, with the lengths and bearings from all property corners (to be monumented with a steel rod) shown on the plat.
      (5)   Location map of the subdivision from the nearest public road intersection, with north point and scale.
      (6)   Location and description of all monuments with references by distance and bearings to quarter section corners, section corners, grant corners, or recorded subdivision corners.
      (7)   All lots numbered or lettered with the acreage of each lot shown.
      (8)   All public rights-of-way including streets and utility easements shown and labeled with the width thereof. A statement shall be placed on the plat that no buildings, structures, fences, shrubs or trees shall be placed in the public right-of-ways, either existing or to be dedicated by this plat.
      (9)   Building setbacks from the front lot line.
      (10)   Thoroughfare setback lines and dedication of an additional right-of-way consistent with Thoroughfare Plan, if applicable.
      (11)   100-year flood contour line from the Flood Insurance Rate Map (FIRM) or the statement that all areas are outside the 100-year flood plain. If any portion of the lot falls within the 100-year flood plain, a suitable building site above the 100-year flood plain elevation shall be readily evident from the plat by showing the portion of the flood plain to be filled. Further, access to a suitable building site above the 100-year flood plain shall be demonstrated.
      (12)   Location of existing water, sewer, other municipal services, and other utilities (electric, gas, telephone, cable television, etc.)
      (13)   Zoning classification of the subject property and all abutting properties.
      (14)   Names and addresses of record of all abutting property owners with appropriate references to the tax block and lot number and deed book and page number for all abutting properties.
      (15)   Any existing buildings and structures (including fences) and their placement on the lots.
      (16)   Natural waters courses designated with the statement that no buildings, structures, fences, shrubs or trees shall be placed in the easements. Legal drains designated, if applicable.
      (17)   Any significant geologic structures (such as sinkholes) shall be shown on the plat, and it shall be readily evident from the plat that a suitable building site exists.
   (B)   The following certifications must appear on the plat:
      (1)   Certificate of Access by the County Highway Engineer/State Highway Representative:
         All parcels have Ingress and Egress to each proposed building site to (road name) which is a public county/state maintained roadway.
         Conditions: (statement of no conditions or the conditions cited).
                                                                  
         Signature & Title         Date
      (2)   Sewage Disposal Certificate (if private systems are to be used):
         Private waste disposal systems have been approved for this Minor Subdivision; however, the type and size of the onsite sewage disposal system for each parcel in this Minor Subdivision will be determined by the Warrick County Health Department. These systems will comply with Regulation 410 IAC 6-8.1 as set down by the Indiana State Board of Health and Warrick County Ordinance #1985-15. This Ordinance regulates the installation, construction, maintenance and operation of private sewage disposal systems and provides penalties for violations. Diagrams of these systems are available at the Warrick County Health Department, Boonville, Indiana. Only one (1) sewage permit shall be issued per parcel. The approved sites for the private waste disposal systems are as shown on this plat. Any site other than those shown as "approved area" must be approved by Warrick County Health Department, to regulate the placing of these systems with designated approved sites and will not be the responsibility of the Warrick County Area Plan Commission.
         Conditions: (statement of no conditions or the conditions cited)
                                                                        
         Warrick Co. Health Dept.      Date
         (If Sanitary Sewer System)
         Sanitary sewer lines are in place and guaranteed available for connection to all parcels.
         Conditions: (statement of no conditions or the conditions cited).
                                                                        
         Name & Sewer Company       Date
      (3)   Potable Water Certificate:
         Water lines are in place and available for connection to all parcels.
         Conditions: (statement of no conditions or the conditions cited).
                                                                      
         Name & Water Company      Date
         (If water is supplied by wells or cisterns)
         Water will be provided to all parcels by wells or cisterns.
         Conditions: (statement of no conditions or the conditions cited).
                                                                        
         Warrick Co. Health Dept.      Date
      (4)   Stormwater Drainage Certificate by the Warrick County Surveyor:
         I, (name), Warrick County Surveyor, certify that this Minor Subdivision will not effect the drainage in this area nor does it require drainage Plan submittal.
         Conditions: (statement of no conditions or the conditions cited)
                                                                       
         Warrick County Surveyor       Date
      (5)   Surveyor Certificate:
         I, (name), Registered Land Surveyor in the State of Indiana, hereby certify: (a) that I have examined the FEMA Flood Hazard Map Community No. ( ), dated ( ), and have determined that this Minor Subdivision IS/IS NOT in a Flood Hazard Area; and (b) that all property corners have been monumented.
         [Note: If any portion is located within the 100-year flood plain, you must delineate that portion as shown on the flood plain panel. Further, you must demonstrate that the remainder of the lot can have a suitable building site with access above the 100-year flood elevation, showing any portion of the lot to be filled at an elevation two (2) feet above the 100-year flood plain.]
                                                                
         Surveyor's Name         Date
         & L.S. Number
      (6)   Abutting Property Owner Certificate:
         I, (name), have no objection to the approval of this subdivision plat by the Area Plan Commission and waive my right to request a Public Hearing before the Area Plan Commission on this subdivision.
                                                                               
         Abutting Property Owner Name      Date
         [This certification may be placed on the plat next to the name of the abutting property owner with a note referring to the statement above (placed on the plat), or in an attachment to the plat with the abutting property owners' names, addresses, tax block and lot and deed book and page listed.]
      (7)   Executive Director Certificate:
         I, (name), Executive Director, Warrick County Area Plan Commission, hereby certify this division of land is determined to be an "Minor Subdivision" as defined and subject to the provisions of the Subdivision Control Ordinance in effect for Warrick County; and that any deviation from said requirements shall cause this certification to become null and void.
(BC Ord. 2006-05, passed 3-20-06; Am. BC Ord. 2007-19, passed 9-12-07; Am. BC Ord. 2007-24, passed 9-12-07; Am. BC Ord. 2007-25, passed 9-12-07)
§ 154.039 MINOR SUBDIVISION PLAT APPROVAL.
   Four different circumstances exist under which approval of the minor subdivision plat is given:
   (A)   The Executive Director may certify the plat for recording if the minor subdivision application and plat are in order; and the certificates of access, sewage disposal, potable water and stormwater drainage have been signed by the appropriate authorities (at the time of the original filing or subsequent to the original filing when the Area Plan Commission staff circulates the plat for signatures), and all abutting property owners have signed the plat (stating no objection and waiver of the right to request a public hearing).
   (B)   The Executive Director may certify the plat for recording if the minor subdivision application, plat and affidavit of notice to abutting property owners (of their right to voice an objection to the Subdivision Review Committee and then appeal to the full Area Plan Commission) are in order; and the certificates of access, sewage disposal, potable water and stormwater drainage have been signed by the appropriate authorities (at the time of the original filing or subsequent to the original filing when the Area Plan Commission staff circulates the plat for signatures), and no abutting property owner requests (orally or in writing) an opportunity to voice objections to the Subdivision Review Committee within ten days of the mailing of the notifications to abutting property owners.
   (C)   If an opportunity to voice objections to the Subdivision Review Committee is requested by any abutting property owner within the specified time period, the Executive Director of the Area Plan Commission may approve, disapprove (with written findings that set forth its reasons for denying approval and provide the applicant a copy) or appeal to the full Area Plan Commission the minor subdivision application, following the review by the Subdivision Review Committee. If no appeal to the full Area Plan Commission is received within the specified time period from an objector after notification of the intent to approve the subdivision the application is approved, the Executive Director of the Area Plan Commission shall certify (approve) the minor subdivision plat for recording.
   (D)   If an appeal is made by the subdivider, an objector of standing or the Executive Director to the full Area Plan Commission within the specified time period, the Area Plan Commission may approve or disapprove (with written findings that set forth its reasons for denying approval and provide the applicant a copy) the minor subdivision application, following the Public Hearing. If the application is approved, the President and Executive Director of the Area Plan Commission shall certify (approve) the minor subdivision plat for recording.
(BC Ord. 2006-05, passed 3-20-06)
PROCEDURE FOR RESUBDIVISION AND/OR REPLATTING OF LAND
§ 154.050 PROCEDURE FOR RESUBDIVISION/REPLATTING.
   For any change in a map of an approved or recorded subdivision plat, if such changes affects any street layout shown on such map, or area reserved thereon for public use, or any lot line, or if it affects any map or plat legally established prior to the adoption of any regulations controlling subdivisions, such parcel shall be approved by the Area Plan Commission by the same procedures, rules, and regulations as for subdivisions. Such change also must be in conformity with statutes governing platting and vacating of public ways (I.C. 36-7-3 et seq., as amended).
(BC Ord. 2006-05, passed 3-20-06)
VACATION OF PLATS
§ 154.060 PROCEDURES FOR VACATION OF PLATS.
   Any recorded plat or part of any recorded plat may be vacated only in accordance with I.C. 36-7-3 as amended.
(BC Ord. 2006-05, passed 3-20-06)
GENERAL REGULATIONS AND DESIGN
§ 154.070 GENERAL.
   (A)   No land shall be subdivided for any non-agricultural purpose if such land has inadequate access or if such land is considered by the Area Plan Commission to be unsuitable for such use by reason of flooding or improper drainage, or objectionable earth or rock formations, topography or other feature harmful to the health, safety and welfare of future residents and the community as a whole.
   (B)   The subdivision plan shall conform to the principles and standards which are generally exhibited in the Comprehensive Plan as is now or hereafter shall be adopted, in whole or in part; and, specifically with that part of the plan which deals with land use and thoroughfares.
   (C)   The following standards and requirements shall be deemed as a minimum and whenever the applicable standards and requirements of any applicable zoning ordinance or of any participating city or town are higher or more restrictive, the latter shall control.
(BC Ord. 2006-05, passed 3-20-06)
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