Chapter 17.25
ACTION BY PLAN COMMISSION – CERTIFICATION AND RECORDING OF PLAT
Sections:
17.25.010 Action by plan commission.
17.25.020 Certification and recording of plat.
17.25.030 Required platting of all parcels of land.
17.25.010 Action by plan commission.
(A) Within a reasonable time following the applicant’s satisfactory completion of all requirements stated under this chapter, the commission shall either grant, with or without conditions, or deny secondary approval of the plat. If secondary approval is denied, the commission shall within three days thereafter furnish the applicant with a written list of the reasons for such denial.
(B) If secondary approval is granted by the commission, all certifications required under this chapter shall be obtained by the applicant prior to recording and the plat shall be signed and certified on behalf of the commission by the chairman, or in his absence the vice-chairman, and the secretary of the commission and notarized by the recording secretary.
(C) The commission may grant secondary approval of the plat subject to the expiration of time provided for appeal under IC 36-7-4-708 of the primary approval of the plat; provided, however, that the plat for which secondary approval has been granted shall not be signed or certified, by the commission, prior to the expiration of such appeal period.
(D) Notwithstanding the requirements of this chapter for submission to the commission of certain approvals for improvements installed, the commission may, upon written request by the applicant, supported by evidence that all submissions have been timely filed, grant secondary approval of plat although one or more of such approvals may not have been delivered to or received by the commission. The commission may grant such secondary approval only when the applicant provides a written statement made under oath and approved by the commission, for recordation as a supplement to the protective covenants, stating that the applicant will cause to be provided at his cost all things necessary to attain or accomplish the delivery of the required approval(s) which shall not then have been delivered to or received by the commission. If the developer does not then deliver such approval(s) in timely fashion, the commission is hereby empowered to refuse to issue either improvement location permits or certificate of occupancy permits. Once the applicant has thereafter secured and delivered to the commission the required approval(s), the zoning administrator shall then execute a recordable document which shall be recorded by the applicant at his expense, rescinding the aforesaid supplement to the protective covenants. [Code 1983 § 19-28; Code 2000 § 213.70].
17.25.020 Certification and recording of plat.
(A) Certification. In addition to the execution and certification of the commission, each plat submitted to the commission for secondary approval shall contain the following:
(1) Certificate forms indicating the approval by the council. The style and wording of such forms shall be as prescribed by the commission;
(2) A statement in substantially the following form:
We _____________ the undersigned, owners by virtue of that certain deed shown in Plat Book _________, page ____, in the Office of the Recorder of Lake County, Indiana, of the real estate shown and described herein, do hereby lay off, plat and subdivide, said real estate in accordance with the information shown on the final plat. This subdivision shall be known and designated as ___________ an addition to the Town of Highland, Lake County, Indiana.
(3) A certificate signed by a land surveyor, registered in the state of Indiana, in substantially the following form:
I ___________________, hereby certify that I am a Land Surveyor licensed in compliance with the laws of the State of Indiana; that this plat correctly represents a survey completed by me on ______________; that all markers shown thereon actually exist; and that their locations, size, type, and material are accurately shown, all to the best of my knowledge and belief.
(B) Recording Procedures. Within one year of the granting of secondary approval of said plat, the original tracing in its final form and with all required contents, and any restrictive covenants, as approved by the commission, together with a money order, cashier’s or certified check, or cash equal to the total recording fee for said plat in the office of the recorder of Lake County, Indiana; upon receipt of said plat, the zoning administrator shall forthwith thereafter have the plat signed and certified for and on behalf of the commission by one of the officials designated in this chapter and shall cause such plat to be duly recorded. In the event a plat for which secondary approval has been granted by the commission has not been submitted to the zoning administrator for certification and recording within the aforesaid period of time, or in the event any recorded plat fails to contain on its face the required signature and certifications, the approval of the commission shall be deemed to be automatically withdrawn and the plat shall be deemed to be of no force or effect. [Code 1983 § 19-29; Code 2000 § 213.71].
17.25.030 Required platting of all parcels of land.
All parcels of property must be subdivided and platted before any development takes place on said property. [Code 1983 § 19-30; Code 2000 § 213.72].
17.25.040 Hearing procedures.
The hearing procedures will follow the procedures as adopted by the plan commission of the town of Highland, Indiana. [Code 1983 § 19-32; Code 2000 § 213.73].