(A) Application.
(1) Whenever any subdivision of land is proposed to be made, the subdivider or his or her agent shall submit a written application for a certificate of approval and two copies of a preliminary plat of said subdivision with the Commission, and file said application with the Plan Commission at least ten days before the meeting at which the Commission is expected to consider said application and plot.
(2) The application shall specify the intent of the subdivider with respect to the land use, drainage, sewage disposal, water supply, and street improvements proposed for the subdivision shall include satisfactory evidence that the proposed water supply and sewage disposal systems meet the minimum requirements for such systems established by the State Board of Health; of any deed restrictions which are to be placed upon the property to be subdivided and the expected date of its development.
(3) (a) At the time of filing an application for approval of a plat, the application shall be accompanied by a certified check or money order payable to the Clerk-Treasurer in the amount of $5, plus $0.25 for each lot in the proposed subdivision, with a minimum total charge of $10 to cover the cost of checking and verifying the proposed plat.
(b) Upon the acceptance of the application by the Commission, the secretary shall surrender the check or money order to the Clerk-Treasurer for deposit in the general fund of the town.
(B) Primary plat. The primary plat shall be prepared in accordance with § 152.03 and shall be presented as follows:
(1) The plat shall be drawn at a scale of 100 feet to one inch on a sheet not less than 17 by 21 inches or more than 30 by 36 inches in size except that when the drawing at that scale requires more than a sheet 30 by 36 inches in size, the plat may be drawn at a scale of 200 feet to one inch.
(2) The plat shall include a vicinity key map at an appropriate scale showing the layout of the proposed subdivision and all existing subdivision, street, and tract lines of acreage parcels of land immediately adjoining the proposed subdivision and between it and the nearest existing thoroughfares. It shall also show how streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in the neighboring subdivisions or undeveloped property to produce the most advantageous development of the entire neighboring area. It shall show restrictions which run with the land and such other data as may be required by duly adopted rule of the Plan Commission.
(3) The plat shall contain the following information:
(a) Description.
1. Proposed name of the subdivision;
2. Location, with complete legal description;
3. Name and address of subdivider;
4. Name, address, and seal of registered professional engineer or land surveyor preparing the plot; and
5. Scale of plat, including graphic scale, north point, and date.
(b) Existing conditions.
1. Boundary line of proposed subdivision indicated by solid heavy line;
2. Location, width, and names of all existing or prior platted streets or other public ways, railroad and utility right-of-way, parks and other public open spaces, permanent buildings or structures and section and municipal corporation lines, within or adjacent to the tract;
3. In case of replat, all descriptive lines 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;
4. Existing drainage ditches, sewers, water mains, culverts, or other underground facilities within the tract, indicating pipe sizes, grades, and exact locations, as obtained from public records;
5. Boundary lines of adjacent unsubdivided and subdivided land, showing owner’s names;
6. Existing zoning of proposed subdivision and adjacent tracts;
7. Contours based on a fixed and easily recognized datum, at not more than five feet nor less than one foot vertical intervals as required by the Commission; and
8. Location and results of soil perculation tests if individual sewage disposal systems are proposed.
(c) Proposed conditions.
1. Layout of streets, their names and widths, and also widths of alleys, crosswalks, and easements. The names of the streets shall conform as far as is practicable to the names of corresponding streets existing in the vicinity of the subdivision;
2. Layout, dimensions, and numbers of lots;
3. Parcels of land to be dedicated or reserved for public use or set aside for use of property owners in the subdivision; and
4. Building setback lines, showing dimensions.
(C) Approval of primary plat. The Commission shall consider the application and primary plat at the first regular meeting following its proper submittal. If the Commission is satisfied that all conditions have been satisfactorily met by the subdivider, it shall tentatively approve the application and set a date for a public hearing on the proposed plat, giving written notification to the subdivider, and publish a notice of the hearing in a newspaper of general circulation printed and published in Waterloo, Indiana, at least ten days prior to the date set for the hearing. The cost of publishing the notice of the hearing shall be paid to the publisher by the subdivider at the time of inserting the notice. After the public hearing, the Commission may give its approval of the primary plat which shall be governed by the following qualifications:
(1) The approval of a primary plat by the Commission is strictly tentative, involving merely the general acceptability of the layout as submitted.
(2) The Commission may introduce such changes or revisions as are deemed necessary to the interest and needs of the community.
(3) Tentative approval shall be effective for a maximum period of six months, unless, upon application of the subdivider, the Commission grants an extension. If the final plat has not been recorded within this time limit, the primary plat must again be submitted to the Commission for approval.
(4) Any person feeling himself aggrieved at any action of the Commission upon any proposed plat or replat may apply in writing to the Commission, prior to its next regular meetings, for modification of the action complained of, and such application shall be considered by the Commission, at such time and in such manner as it may determine, but within 40 days following the regular meeting.
(5) The Plan Commission may adopt rules of procedure concerning setting dates for hearings and conducting meetings.
(6) “If, after the hearing, the Plan Commission determines that the application and plat comply with the standards established in the subdivision control ordinance, it shall make written findings and a decision granting primary approval to the plat. This decision must be signed by the President and Secretary of the Commission.”
(7) “If, after the hearing, the Plan Commission disapprove the submitted plat, it shall make written findings that set forth its reasons and a decision denying primary approval, and shall provide the applicant with a copy. This decision must be signed by the President and Secretary of the Commission.”
(8) “An applicant or other interested party may appeal to the Plan Commission the primary approval or disapproval of a plat, or the imposition of a condition on primary approval, by the Plan Commission. A notice of appeal must be filed with the Commission within ten days after a copy of the action of the Plat Committee/Plan Commission is mailed to the interested party. Notice shall be given and a hearing held by the Commission.”
(9) “The primary approval or disapproval of a plat by the Plan Commission or the imposition of a condition on primary approval is a final decision of the Plan Commission that may be reviewed under Section 13 of the State enabling act.
(See I.C. 36-7-4-708(d))
(D) Secondary plat. After approval of the primary plat by the Commission and the fulfillment of the requirement of these regulations, one tracing of the secondary 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 secondary plat may be submitted for approval immediately after hearing, and upon approval of the primary plat by the Commission. In case the secondary plat is not ready, the date for hearing on such final plat shall be set within 40 days from the date requested by the subdivider. The secondary plat, if desired by the subdivider, may constitute only that portion of the approved primary plat which he proposes to record and develop at the time, provided, however, that such portion conform to all requirements of these regulations. The secondary plat shall be prepared at the same scale as the primary 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 the plot, 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 or 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 purpose indicated thereon and in the dedication; and of any area to be reserved by deed covenant for common use 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 preceding transfer of the property or that portion of said 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 Waterloo, Indiana; and
(19) Certificate for approval by the Commission.
(E) Plat approval.
(1) (a) In submitting the secondary plat to the Commission, it shall be accompanied by a notice from the Town Board stating that there has been filed with and approved by that Board one of the following:
1. A certificate by a qualified engineer or land surveyor that all improvements and installments 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 Board of Waterloo, Indiana;
b. Be in an amount determined by the Plan Commission to be sufficient in amount to complete the improvements and installments in compliance with this chapter;
c. Be with security satisfactory to the Plan Commission; and
d. Specify the time for the completion of the improvements and installations.
(b) Any funds received from these bonds shall be used by the Town Board only for the completion of the improvements and installations for which they were provided; and said Town Board is authorized to complete such improvements and installments on the failure of applicant to do so.
(2) After hearing within a reasonable time after application for approval of the plat, the Commission shall approve or disapprove it. If the Commission approves, it shall affix the Commission's seal upon the plat, together with the certifying signature of its president and secretary. If it disapproves, it shall set forth its reason in its own records and provide the applicant with a copy.
(3) The acceptance of formal dedications is the duty of the Town Board, and is not implicit in Plan Commission approval of the secondary plat. The Town Board will not accept said dedication until receipt of a certificate by the government engineer that the required improvements have been satisfactorily completed. Also, the applicant will be required to maintain all improvements until acceptance of the dedication by the Town Board, and shall be required to post a maintenance bond.
(F) Plat certificates.
The following forms shall be used in final plats:
CERTIFICATES
1. Under authority provided by the General Assembly of the State of Indiana, and ordinance adopted by the Town Board, Town of Waterloo, Indiana, this plat was given approval as follows:
Approved by the Waterloo Plan Commission at a meeting held on the day of , 19 .
President
Secretary
2. Each secondary 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 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 secondary 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 installment 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.
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear ten feet of each lot. Within these easements, no structure, planting, or other material shall be placed, or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainage, channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
(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 of residential use, the minimum habital 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), it is agreed to change such covenants (or restrictions) in whole or in part. Invalidation of any one of the foregoing covenants (or restrictions) by judgment 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 , 19 .
STATE OF INDIANA )
) SS:
COUNTY OF DEKALB )
Before me, the undersigned Notary Public in and for the County and State, personally appeared (name), (name), and (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 , 19 .
Notary Public
My commission expires:
Resident of County
(G) Exception.
(1) In cases involving a subdivision of three lots or less, the Plan Commission may, by majority vote of its membership, waive the requirements of public hearing for secondary plat approval, so long as permitted by state law.
(2) The requirements of the ordinance, insofar as design, standards, specifications, required data on plats, and other procedural requirements, may not be waived.
(H) Certiorari procedure. In any decision by the Waterloo Plan Commission under this chapter, any person aggrieved may petition the Circuit Court of DeKalb County, Indiana, by writ of certiorari as provided by law.
(I) Enforcement of ordinance and penalties for violation thereof.
(1) It shall be unlawful under this chapter to:
(a) Transfer or sell land in the proposed subdivision prior to plat approval by the Plan Commission.
(b) Construct or authorize any public improvements in a subdivision prior to commission approval.
(c) Issue any building permits for construction in violation of this chapter.
(2) The Plan Commission may institute a suit for injunction to restrain individuals or governmental units from violating the provisions of this chapter as enacted pursuant to the laws of the State of Indiana; provided, however, that nothing herein contained shall be construed as to limit the rights of Waterloo, Indiana, to otherwise enforce this chapter by invoking any legal, equitable, or special remedy provided by law. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be fined not less than $10 and not more than $300, and for violations continued or renewed after one conviction, each day's violation shall constitute a separate offense.
(J) Severability. Should any section or provision of this chapter be declared invalid by a court of competent jurisdiction, such decision shall not effect the validity of the chapter as a whole or any part thereof, other than the part so declared to be invalid.
(1) All subdivisions as defined herein shall comply with the provisions of these regulations.
(2) In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements.
(3) These regulations shall supplement all other regulations, and where at variance with other laws, regulations, ordinances, resolutions, or convenants, the more restrictive requirements shall apply.
(K) Combining of permits. The Commission is hereby authorized to coordinate the issuance of permits with other departments and agencies which may be required by these subdivision regulations as well as previously or subsequently adopted ordinances or regulations.
(‘92 Code, § 150.15)