Chapter 16.08
PROCEDURE
Sections:
16.08.010 Pre-application consultation.
16.08.020 Application for minor subdivision.
16.08.030 Application for primary approval--Major subdivision.
16.08.060 Hearing before commission-- Primary approval.
16.08.100 Modification and waiver of subdivision standards.
16.08.110 Waiver of a Primary Plat Condition Imposed by the Area Plan Commission.
16.08.010 Pre-application consultation.
A. Prior to submission of the written application for subdivision approval, the subdivider should consult with the executive director about the following factors:
1. Suitability of the site for development;
2. Proposed type of development;
3. Accessibility of the site;
4. Availability of public facilities (schools, parks, water, sanitary and storm sewerage, etc.) and public services;
5. The effect on the subdivision of any contemplated improvements of the proposals of any comprehensive plan and these regulations.
B. After reaching conclusions informally about his general program and the objectives of this title the subdivider may proceed with his formal application for the proposed subdivision.
(Prior code § 151.08)
16.08.020 Application for minor subdivision.
A. If the proposed subdivision does not involve the opening of a new public way, contains not more than two lots, and complies in all other respects with this title and Title 17, a person desiring the approval of a plat for a minor subdivision shall submit to the executive director a completed minor checklist and fees hereinafter provided. The parcelization of land shall not be deemed a subdivision. The minor plat shall be presented to the technical review committee for review, recommendations, and approval.
B. Notice shall be given according to the provisions of IC 36-7-4-701(d).
C. Minor Subdivision Checklist.
1. Name of subdivision and legal boundary description;
2. Location map of subdivision, north point, and scale;
3. Boundaries of the tract with accurate dimensions and bearings, as determined by an accurate survey in the field which has been balanced and closed, as well as physically located by monumentation;
4. Location and description of all monuments with references by distance and bearings to one quarter section corners;
5. Length of lot lines and area of lots, angles at all points of deflection of all continuous lines, radii, arcs, and complete curve data for all horizontal curves;
6. All lots numbered or lettered and all roads and streets with approved names;
7. Public way widths, maximum grades, approximate curves, and coordination of subdivision public ways with current and planned public ways within the subdivision;
8. Building setback of front yard lines and side yard lines for corner lots;
9. Thoroughfare setback lines, if applicable;
10. Contours shown at vertical intervals of two and one-half feet if the general slope of the site is less than two percent, and at vertical intervals of five feet if the general slope is greater than two percent as taken from available county, state, or federal maps;
11. One hundred (100) year flood contour line from FIA map, or statement that all areas are outside floodplain;
12. Extension of water, sewer, and other municipal services;
13. Legally established function district if applicable (German Township water district);
14. Name of developer or owner, and land surveyor;
15. Zoning classification of subject property and of abutting property;
16. Names and addresses of abutting property owners;
17. Any existing buildings and their placement on the lots;
18. Detailed erosion control and sediment control plan with timetable stating that erosion control methods will be implemented within forty-five (45) days of ground disturbance;
19. Copy of proposed plat submitted to soil conservation office for soils interpretative data;
20. Natural drainage easements designated with statement that no buildings, structures, fences, shrubs, or trees be placed in easements. Legal drain designated, if applicable;
21. Seven copies of proposed plat;
22. Certificates.
a. By a registered land surveyor,
b. By the owner (notarized),
c. By the area plan commission (president),
d. By the area plan commission executive director (compliance with code).
D. The minor plat shall be submitted to the area plan commission in the form of an original tracing using black drawing ink on tracing cloth or mylar. “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 standard size tracings shall be twenty-four (24) inches by thirty-six (36) inches using a scale of one inch equals fifty (50) feet. Larger scales up to one inch equals one hundred (100) feet may be used to accommodate large plat areas with the approval of the area plan commission. For small plat areas, tracings may be prepared on eighteen (18) inch by twenty-four (24) inch sheets using one inch equals fifty (50) feet.
(Prior code § 151.10)
16.08.030 Application for primary approval--Major subdivision.
A. A person desiring the approval of plat or replat of land for a major subdivision shall submit to the executive director a written application for approval, the completed primary checklist, and fees hereinafter provided. The plat shall include, but not be limited to, the provisions listed below. The primary plat shall be presented to the subdivision review committee for technical review and recommendations. The subdivision review committee or area plan commission may request additional information.
B. 1. Name of subdivision and legal boundary description;
2. Location map of subdivision, north point, and scale;
3. Boundaries of the tract with accurate dimensions and bearings, as determined by an accurate survey in the field which has been balanced and closed, as well as physically located by monumentation;
4. Location and description of all monuments with references by distance and bearings to both one quarter section corners as set out herein;
5. Length of lot lines, minimum width, depth, and area of all lots;
6. All lots numbered or lettered and all roads and streets with approved names;
7. Public way widths, maximum grades, approximate curves, and coordination of subdivision public ways with current and planned public ways within the subdivision;
8. Streets and alleys adjacent to the new subdivisions with their names;
9. Building setback of front yard lines and side yard lines for corner lots;
10. Thoroughfares setback lines, if applicable;
11. Contours shown at vertical intervals of two and one-half feet if the general slope of the site is less than two percent, and at vertical intervals of five feet if the general slope is greater than two percent, as taken from available county, state, or federal maps;
12. One hundred (100) year flood contour line from FIA map, or statement that all areas are outside floodplain;
13. Extension of water, sewer, and other municipal services, if applicable;
14. Legally established function district if applicable (German Township water district);
15. Name of developer or owner and land surveyor;
16. Zoning classification of subject property and of abutting property;
17. Names and addresses of abutting property owners;
18. Any existing buildings and their placement of the lots;
19. Copy of proposed plat submitted to soil conservation office for soils interpretative data;
20. Parcels of land to be reserved for schools, parks, playgrounds, or other public purposes;
21. Location of all property that is dedicated for public use and all property that may be reserved by covenant for the common use of the property owners in the subdivision;
22. Detailed erosion control and sediment control plan stating that erosion control methods will be implemented within forty-five (45) days after disturbing the soil;
23. Natural drainage easements designated with statement that no buildings, structures, fences, shrubs, or trees be placed in easements. Legal drain designated, if applicable;
24. Thirteen (13) copies of proposed plat.
C. The subdivider may be permitted to revise the primary plat to conform to agreed upon recommendations of the review committee prior to the hearing before the area plan commission if area plan commission executive director is given sufficient time for review before the public hearing.
D. The primary plat shall be submitted to the area plan commission in the form of an original tracing using black drawing ink on tracing cloth or mylar. “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 standard size tracings shall be twenty-four (24) inches by thirty-six (36) inches using a scale of one inch equals fifty (50) feet. Larger scales up to one inch equals one hundred (100) feet may be used to accommodate large plat areas with the approval of the area plan commission. For small plat areas, tracings may be prepared on eighteen (18) inch by twenty-four (24) inch sheets using one inch equals fifty (50) feet. Larger scales up to one inch equals one hundred (100) feet may be used to accommodate large plat areas with the approval of the area plan commission.
(Prior code § 151.11)
16.08.040 Fee schedule.
The fee schedule shall be posted at the area plan commission office in a place readily available to the public.
16.08.050 Notice.
The provisions of IC 36-7-4-700, et seq. requiring a specific method of notice or other procedure shall at all times be adhered to or incorporated herein.
(Prior code § 151.21)
16.08.060 Hearing before commission-- Primary approval.
A. The primary plat shall be presented at public hearing to the area plan commission for review and approval.
B. If, after the hearing, the area plan commission determines that the application and plat comply with the standards in the subdivision control ordinance, it shall make written findings and decision granting primary approval to the plat signed by the presiding member of the area plan commission or the delegated authority.
C. If, after the hearing, the area plan commission disapproves the plat, it shall make written findings, within ten (10) days, that set forth its reasons and a decision denying primary approval, and shall provide the subdivider with a copy signed by the presiding member of the area plan commission or the delegated authority.
D. The area plan commission or its executive director may not impose any additional terms, conditions, or commitments after primary approval is given. The area plan commission may not impose conditions upon primary approval except those that are warranted and necessary to address one or more of the following:
1. the manner in which the public ways shall be laid out, graded, and improved;
2. a provision for water, sewage, and other utility services;
3. a provision for lot size, number, and location;
4. a provision for drainage design; or
5. a provision for other services as specified in the subdivision control ordinance.
(Ord. 05-19-009 § 1, amended, 12/10/2019; prior code § 151.23)
16.08.070 Secondary approval.
A. The Area Plan Commission may grant secondary approval of a plat or replat under this Title or may delegate authority to the Executive Director to grant such secondary approval.
B. No notice and hearing are required for secondary approval.
C. The purpose of secondary approval is to ensure that the plat reflects all terms, conditions, and commitments given by the subdivider or required by the Area Plan Commission at the hearing on primary approval.
D. A plat of a subdivision may not be filed with the Vanderburgh County Auditor, and the Recorder may not record it, unless it has been granted secondary approval and signed and certified by the Executive Director.
E. Secondary approval may be granted to a plat for a subdivision in which the basic improvements and installations have not been completed as required by this Chapter, but only if the following requirements are met:
1. The subdivider must:
a. provide a letter of credit issued by a bank or other financial institution in a form prescribed by the Area Plan Commission, that:
i. is in an amount determined by the Executive Director to be sufficient to complete the basic improvements and installations with the exception of sidewalks in compliance with the ordinance, which amount must be equal to or greater than the total of the itemized estimate of all known costs plus a contingency allowance equal to 15% of all known costs (such itemized estimate being the “cost estimate”); and
ii. provides the security by a bank or financial institution that is satisfactory to the Area Plan Commission; and
iii. shall be written for a maximum period of three (3) years; and
iv. shall have the cost estimate attached to it and shall be recorded and cross referenced to the plat by instrument number in the office of the Recorder, and a copy of the recorded document shall be provided to the Executive Director prior to the release of any improvement location permits; any subsequent reductions or release of the letter of credit and the cost estimate shall also be recorded, cross referenced to the plat by instrument number, and provided to the Executive Director;
b. as to installation of sidewalk basic improvements only, comply with and set forth in a certificate on the plat the following requirements:
i. Each purchaser of, or successor in interest to, an individual lot or lots from the owner of record at the time the plat is recorded must install the required sidewalk(s) on the purchased lot or lots within five (5) years from the date of purchase or acquisition of interest.
ii. The owner of record at the time the plat is recorded must install the required sidewalk(s) on all lots to which the owner still holds title within ten (10) years from the date the plat is recorded.
iii. No certificate of occupancy will be granted for any new building on any lot in the subdivision unless and until the required sidewalk on that lot is installed.
iv. Sidewalks installed in a new subdivision must be installed to the standards meeting the latest edition of the Vanderburgh County Code and all applicable standards required by the Americans with Disabilities Act (ADA) and the regulations thereunder.
v. Failure to install a required sidewalk in accordance with all ordinances and in the time allotted in this subsection is an ordinance violation that may be corrected by County employees or contractors in accordance with the provisions of IC 36-1-6-2 and any amendment or recodification thereof, with both the direct and administrative costs of such correction being a lien against the property and being eligible to be placed on the tax duplicate by the County Auditor in accordance with the procedures prescribed by state law.
c. provide to the Executive Director no less than two (2) months prior to the expiration date of the letter of credit all necessary information to be used to determine, per Section 16.08.070.F, whether and to what extent the basic improvements have been constructed and completed; to the extent that a subdivider submits the necessary information that the basic improvements have been partially constructed or completed in sections during the three (3) year period, the Executive Director may agree to a reduction upon an acceptable renewal amount of the letter of credit proportionally in accordance with the progress of the development.
2. All letters of credit pursuant to this subsection must be written in the amount of the estimate and contain the language and terms set forth in a letter of credit form(s) approved by the Area Plan Commission. Letters of credit that do not comply with the Area Plan Commission form(s), that are written for amounts that do not reflect the approved cost estimate, or that are based on unacceptable cost estimates will be returned to the financial institution. In the event a letter of credit is not accepted and is returned, an acceptable letter of credit must be filed with the Area Plan Commission before the plat can be recorded. All letters of credit issued must contain the following clauses:
The liability and obligations of the issuer of this letter of credit shall be governed by the laws of the State of Indiana. In the event of any dispute or controversy arising out of this letter of credit, the issuer agrees that the forum for any cause of action filed by any party shall be the County of Vanderburgh.
3. Any money received from the letter of credit required under this subsection must be used only for making the basic improvements and installations for which the letter of credit is provided.
4. The basic improvements or installations, whether completed by the property owner, the County, or otherwise, must conform to the standards of such basic improvements or installation as provided by this code of ordinances, including the Subdivision Control Ordinance, as well as those standards for basic improvements or installations as set forth by all agencies that assist in reviewing and commenting upon the technical requirements of the Subdivision Control Ordinance or that are responsible for maintaining any improvements within a subdivision as defined by the Subdivision Control Ordinance.
5. The period within which the required basic improvements must be completed shall not exceed three (3) years from the date of secondary approval. The Area Plan Commission may, upon proof of difficulty in completing improvements, grant an extension of the completion date for a maximum period of one (1) additional year, and the letter of credit shall be extended accordingly; provided, however, that the amount of the contingency allowance required under subsection E.1. shall be equal to 20% of the known costs of all basic improvements and installations remaining incomplete at the time of the extension. After the time period has expired, and if the basic improvements have not been completed and approved per Section 16.08.070.F., the subdivider shall be in default and the Area Plan Commission shall draw upon the funds within the expiring letter of credit.
6. If the Area Plan Commission draws upon the letter of credit, no further improvement location permits shall be issued for any lots to which the letter of credit applied prior to the draw, nor to the defaulted subdivider on any project regardless of whether covered by the letter of credit, until such time as the basic improvements have been completed and approved per Section 16.08.070.F. Improvement location permits may be issued upon a showing that denial will cause an unreasonable harm to a third party who is a bona-fide purchaser for value. Bona-fide purchaser for value means a third-party purchaser for value of any or all of the platted property who has obtained, prior to purchase, an affidavit from the county engineer and Evansville Water & Sewer Utility stating all improvements covered by the letter of credit as to the property being purchased have been completed in accordance with all appropriate standards.
F. The Area Plan Commission shall, by rule, prescribe the procedure for determining whether all basic improvements and installations have been constructed and completed as required by the Subdivision Control Ordinance. The rule must designate the person or persons responsible for making the determination.
G. A person desiring the secondary approval of a plat or replat of land for subdivision must submit to the Area Plan Commission the plat of the proposed subdivision with the required certificates attached. The following certificates must be affixed to the plat before recording:
1. by the registered Professional Surveyor to the effect that the plat represents a survey made by him, that all monuments shown thereon exist, and that their locations are as shown;
2. by the owner or owners, a notarized statement that he is the owner of the lands and that the platting of the subdivision is his voluntary act and deed, and the owner must also declare in this certificate by description or reference to the plat the purpose of all rights-of-way, easements, and other reservations shown on the plat;
3. by the Area Plan Commission, fixed with the seal of the Area Plan Commission, signed by the President or presiding officer of the Area Plan Commission, and attested to by the Executive Director of the Area Plan Commission, and the certificate must disclose that proper public notice was given and that a majority of the members of the Area Plan Commission concur in its approval;
4. by the Executive Director of the Area Plan Commission to the Vanderburgh County Recorder that the plat complies with the provisions of this section;
5. by the Vanderburgh County Drainage Board certifying that all drainages plans conform to the current design standards adopted by the Vanderburgh County Drainage Board; and
6. by the Vanderburgh County Commissioners certifying that all road construction plans conform to the current design standards adopted by the Board of County Commissioners.
H. Except as provided for in Subsection I of this Section, a plat or replat of a subdivision must be recorded by the following deadlines, or the primary approval given by the Area Plan Commission shall be null and void:
1. for major subdivisions, within five (5) years from the year in which primary approval was granted; however, the Area Plan Commission may extend the time for recording a plat in up to five (5) year increments upon written request by the subdivider prior to the plat expiration;
2. for minor subdivisions, within one (1) year from the year in which primary approval was granted; however, the Area Plan Commission may extend the time for recording a plat in up to one (1) year increments upon written request by the subdivider prior to the plat expiration.
I. Secondary Approval in Sections.
1. Plats that have been granted primary approval after the adoption of the ordinance codified in this Title may be submitted for secondary approval in sections with the approval of the Executive Director of the Area Plan Commission and in accordance with this subsection.
2. Additional sections may be submitted for secondary approval without repeating primary approval if they substantially conform to the geometrics of the original primary plat.
3. The plat may be deemed to substantially conform to the primary plat if the geometrics of the secondary plat are substantially the same layout. The removal of right-of-way for a public street that precludes street construction or compliance with the requirements of this Title and additions to the total number of lots shall result in a resubmission of the plat for primary approval. The addition or removal of easements to accommodate utilities or drainage shall not constitute a substantial change in conformity unless the secondary plat removes needed offsite easements shown on the primary plat.
4. With the recording of any section of the approved primary plat, the period for recording the secondary plat as established in Subsection H of this Section is automatically renewed for another five (5) years as to major subdivisions and another one (1) year as to minor subdivisions.
(Ord. 09-22-018 §§ 1, 2, amended, 09/27/2022; Ord. 01-15-001 § 2, amended 2-3-2015; prior code § 151.25)(Amended portion E & F 9/15/97)(16.08.070, Amended, 06/28/2005, Subsection J amended.; 16.08.070, Amended, 06/28/2005, Subsection I amended.)
16.08.080 Recording of plat.
“A plat release fee shall be paid to the Area Plan Commission by the subdivider before the Area Plan Commission may grant secondary plat approval.”
(16.08.080, Amended, 06/28/2005)
16.08.090 Unrecorded plat.
“Any plat previously approved by the Area Plan Commission that has not been recorded and has not expired as of the adoption date of this amended section must be recorded by the end of the calendar year in 2010. Those plats that remain unrecorded by the end of the 2010 calendar year are null and void. The Area Plan Commission may extend the time limit to record a plat upon written request.”
(Prior code § 151.28)(16.08.090, Amended, 06/28/2005)
16.08.100 Modification and waiver of subdivision standards.
A. Pursuant to IC 36-7-4-702, the subdivision design standards in this title pertaining to the area of lots, public way widths, curves, and the coordination of subdivision public ways with current and planned public ways, extension of water, sewer and other utility services, and any other standards related to the purposes of this chapter, may be modified or waived upon request at the sole discretion of the Area Plan Commission. The authority to grant modifications and waivers acknowledges the possibility that the purposes of this Title and the public interest may also be served by an alternative proposal. However, the APC authority shall be limited such that modifications and waivers shall not have the effect of nullifying the intent and purposes of these regulations.
B. The APC Subdivision Application shall contain a Subdivision Design Standard Modification or Waiver Form that must be completed and filed before or with the subdivision plat application when a waiver or modification is requested. The applicant shall state the standard requested to be modified or waived, the extent of the modification or waiver, and the reason(s) why the standard should not be applied to the site as it is in other locations.
C. The APC shall solicit and consider comments from the appropriate local government agency(ies) in evaluating a modification or waiver request. Modifications and waivers of subdivision design standards do not constitute modification or waiver of any requirements in other local, state or federal laws, or standards of the agencies charged with enforcing those laws.
D. In addition, no modification or waiver request shall be granted except on a finding that each of the following factors is true:
1. The waiver or modification will not be injurious to the public health, safety or general welfare;
2. The land use or value of the area adjacent to the property involved in the waiver will not be affected in a substantially adverse manner;
3. The strict application of the Subdivision Code standard at issue will result in practical difficulties in the use of the site;
4. The site is not within a PUD, and the standard in question is not already subject to modification or waiver under a different section of the Subdivision Code;
5. The need for the modification or waiver is due to special site characteristics or circumstances not generally applicable to other property;
6. The modification or waiver will not undermine compliance with other applicable local, state or federal laws, and if it pertains to the provision of public ways, public facilities, or private sewage disposal systems, there are no objections from a public agency having jurisdiction over such laws;
7. The requested modification or waiver will not constitute or have the practical effect of modification or waiver of any standards prescribed in the Zoning Ordinance.
E. As a condition of granting a subdivision standard modification or waiver, the Area Plan Commission may allow or require a commitment to be made by the property owner binding the owner, their heirs, legal representatives, successors and assigns concerning the use or development of that parcel pursuant to I.C. 36-7-4-1015.
F. The APC shall consider the comments of the Subdivision Review Committee, and shall approve or deny a modification or waiver request before considering the accompanying proposed subdivision plat, and shall notify the applicant in writing of its decision and any conditions of approval imposed. The decision of the APC on a modification or waiver is final.
(Ord. 06-13-006 § 1, added, 06/18/2013)
16.08.110 Waiver of a Primary Plat Condition Imposed by the Area Plan Commission.
Pursuant to I.C. 36-7-4-701(f), any condition imposed by the Area Plan Commission upon primary approval of a subdivision plat may be waived by a majority vote of the Board of Commissioners of Vanderburgh County during a public meeting. A request to waive a primary plat condition or conditions shall be made in writing to the Board of Commissioners of Vanderburgh County setting forth the primary plat condition or conditions sought to be waived and the reason for such waiver request. The Board of Commissioners of Vanderburgh County shall hear the waiver request during a public meeting within thirty (30) days of such request. A person aggrieved by the decision rendered by the Board of Commissioners of Vanderburgh County concerning a waiver of a primary plat condition or conditions may appeal such determination to the Vanderburgh Circuit Court in accordance with I.C. 36-2-2-27.
(Ord. 04-17-008, added, 6/27/2017)