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(a) Secondary (Final) Plat Submission. After approval of the primary (preliminary) plat and specifications of the same by the Plan Commission, and the fulfillment of the requirements of these regulations, three (3) reproducible copies of the secondary (final) plat of the subdivision, drawn or copied in a permanent fashion, such as a sepia process, on a matte film three (3) mils thick minimum (mylar) or some other dimensionally stable material, and a digital copy of said plat shall be submitted to the Plan Commission. Upon the final approval of plat, one (1) reproducible copy (mylar) shall become the property of the Plan Commission.

One (1) copy of plat plans and corroborating information shall be in the possession of both the Town Engineer and Town Staff twenty-one (21) days prior to any Plan Commission meeting at which the plat will be considered. Corrected plans shall also be in the possession of the Town Engineer and the Town Staff fourteen (14) days before any subsequent meeting. Any additional or subsequent changes shall be considered a separate submittal and subject to the fourteen (14) day requirements.

(b) Secondary (Final) Plat Plan Preparation. The secondary (final) plat shall be prepared to the same scale and format as the primary (preliminary) plat and shall show at a minimum:

(1) A vicinity key map at an appropriate scale showing the layout of the proposed subdivision and all existing subdivisions, street and tract lines, acreage of 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 subdivisions may connect with existing and proposed streets and alleys in neighboring subdivisions or undeveloped property to produce the most advantageous development of the entire neighboring area.

(2) Name of subdivision, name of developer and name of owner(s).

(3) Legal description of property to be subdivided.

(4) The name and certification of the registered professional land surveyor.

(5) Scale shown graphically, date and north point.

(6) Boundary of plat, based upon an accurate traverse with angular and lineal dimensions. Global positioning system using State Planar coordinates shall also be used.

(7) Exact location, width, length and names of all streets within the plat. The naming of streets shall conform to the County system.

(8) True courses and distances to the nearest established street lines or official monuments which shall accurately describe the location of the plat.

(9) County, municipal or section lines accurately tied to the lines of the subdivision by distances and courses. Global positioning system using State Planar coordinates shall also be used.

(10) Radii, internal angles, central angles, points of curvation and tangency, lengths of tangents and lengths of all arcs.

(11) All easements or rights-of-way provided for public services or utilities.

(12) All street numbers (addresses), lot numbers and lot lines, with accurate dimensions in feet and hundredths. Addresses shall be numeric only. Additionally, single-family lot addresses shall increase in even increments of eight (8), i.e., 2000, 2008, 2016, 2024, etc. Duplex or multifamily addresses within the same common wall structure shall increase in even increments of two (2), i.e., 2000, 2002 but the address numbers for each lot shall increase in increments of eight (8) as noted previously. In areas where the number of lots exceeds the number of addresses available with increments of eight (8), then a smaller increment may be used.

(13) Lines of all streets with accurate dimensions in feet and hundredths, showing angles to street and lot lines.

(14) Accurate location and description of all survey monuments and markers.

(15) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication, and of any area to be reserved by deed covenant for common uses of all property owners.

(16) Building setback lines accurately shown with dimensions.

(17) FEMA floodplain map information reference.

(18) Restrictive covenants of all types which shall run with the land and shall be documented on the plat.

(19) All street names using the County naming convention.

(20) Zoning(s) shall be shown on the plat.

(c) Plat Plan Preparation Final Conditions. Prior to approval of the plat the developer shall:

(1) Secure requirements of other governmental bodies as needed.

(2) Secure verification of payment of fees which fees shall include but shall not be necessarily limited to a charge of two (2) percent of the estimated cost of required improvements for the subdivision pursuant to this chapter, which shall include, but not necessarily be limited to, curbs, water lines, stormwater lines, sanitary sewer lines, streets and sidewalks that are to be placed adjacent to public areas, street signs and street lights, outlots, detention/retention basin sites or any other parcel that requires a sidewalk to be installed by other than the primary use structure builder; that it is the intent of this chapter that the charge should be based upon the estimated cost of required improvements, the same as the estimate of the engineer for the required improvements in the subdivision and upon which a surety bond or letter of credit is determined pursuant to this chapter; and, however, shall specifically not include sidewalks that front saleable lots in the fee computation, and further, notwithstanding anything in the foregoing to the contrary, regardless of the cost of required improvements for the plat, there shall be a minimum fee charged per plat in the sum of one thousand five hundred dollars ($1,500.00) if the fee would be less than the sum based upon the cost of required improvements aforesaid.

(d) Approval of Secondary (Final) Plat.

(1) Secondary (final) approval may be granted for a secondary plat of a subdivision in which the improvements have been completed, and the as-built plans approved as required by this chapter, as amended from time to time, and any conditions or contingencies imposed by the Plan Commission at the public hearing have been met and satisfied. The Town Engineer, in conjunction with the Town Public Works Director, shall determine whether all improvements have been constructed and completed as required by this chapter, as amended from time to time. The subdivider shall pay for the costs of all improvements in the subdivision.

(2) Secondary (final) approval may be granted to a plat for a subdivision in which the improvements have not been completed as required by the Subdivision Control Ordinance, as amended from time to time, if:

a. The Applicant provides an acceptable form of Irrevocable Letter of Credit, acceptable form of Surety, or Cash Escrow Agreement similar to the example shown as follows:

IRREVOCABLE LETTER OF CREDIT

(BANK)

Letter of Credit No.

(ADDRESS)

Date:

Beneficiary:

Applicant:

Town of St. John, Lake County, IN

___________

c/o Town Clerk-Treasurer

___________

10955 W. 93rd Ave.

___________

St. John, IN 46373

___________

AMOUNT: ___________

Development:

Expiration Date: ___________

___________

___________

Gentlemen:

We hereby establish our unconditional and irrevocable Letter of Credit No. _____ in your favor for the account of _______________________________________________________________, United States Currency, available by your drafts on us at sight, for the purpose of guaranteeing completion of all improvements required for _____________________________, Unit ______. The required improvements and amounts are itemized as follows:

Water Main

$___________

Sanitary Sewer

___________

Storm Drainage System

___________

Stone Base

___________

Asphalt 2" Intermediate

___________

Asphalt 1½" Surface

___________

Curbs

___________

Cut Streets

___________

Engineering

___________

Other

___________

Street lights

___________

Grading/excavating

___________

Street signs

___________

As built drawings

___________

Subtotal

___________

Contingencies (10%)

___________

TOTAL

___________

All drafts drawn hereunder must be identified as “drawn under _______________

Letter of Credit No. ______, dated _________________.” This Letter of Credit is restricted to the undersigned by the Drawer and payment of said drafts is subject to failure to complete the required improvements for _____________________________.

Drafts must be accompanied by your signed statement that said improvements were not made according to specifications.

This Letter of Credit may not be modified, extended, enlarged, or renewed except in writing and with prior approval of (Bank) . All draws must be received by _______________________. If the full amount of the credit is negotiated, the original Letter of Credit must accompany the final draft.

Upon notification by you in writing, (Bank) may amend the amount of the Letter of Credit as work on the required improvements is completed.

This Letter of Credit is subject to Uniform Customs and Practice for Documentary Credits, I.C.C. Publication No. 400.

(Bank)

By: __________

Title: __________

ACCEPTANCE

This Irrevocable Letter of Credit is hereby acknowledged and accepted this _____ day of ____________, 20___.

By: __________

Title: __________

The acceptable form of irrevocable letter of credit, surety or cash escrow agreement shall be in an amount determined by the Plan Commission to be sufficient to complete the improvements and installations in compliance with this chapter. The applicant is to provide corroborating information concerning the improvements including the measure of unit, number of units and the respective unit prices for all applicable work items, and shall be subject to the review and recommendation of the Town Engineer and/or Director of Public Works. The cash escrow agreement or irrevocable letter of credit shall be no less than one hundred ten (110) percent of the cost of the required improvements, as estimated by the Town Engineer and approved by the Plan Commission and accepted by the Town Council. In the event that the applicant provides a surety other than cash escrow agreement or irrevocable letter of credit, then the minimum amount of any such surety, if approved by and acceptable to the Plan Commission, shall be no less than one hundred thirty (130) percent of the cost of the required improvements, as estimated and approved by the Town Engineer and Town Public Works Director.

b. The applicant will provide a warranty/guaranty guaranteeing the required completion of the required improvements within a one (1) year period. The one (1) year period can be extended by the Plan Commission upon request of the subdivider.

c. The irrevocable letter of credit, surety bond or cash escrow agreement may be reduced a maximum of two (2) times before being released. The developer must request a reduction in writing to the Building and Planning Department, an amount of the reduced letter of credit, surety bond or cash escrow agreement recommended by the Plan Commission and approved by the Town Council. The subdivider shall contact in writing the Building and Planning Department a minimum of forty-five (45) days prior to the expiration of the letter of credit, cash escrow agreement or surety bond for any extension or release thereof.

(3) In the case where the improvements have not been completed at the time of the secondary (final) approval, nor within the one (1) year period or such time as extended by the Plan Commission as within aforesaid, the Town may elect to install any of the required improvements with the invoking of a sixty (60) day notice prior to the expiration of the letter of credit, surety bond in order that sufficient funds can be extracted from the letter of credit, surety bond to complete or install any improvements lacking completion.

In such event, all amounts held under irrevocable letter of credit, surety bond or cash escrow agreement shall be delivered to the Town and applied to the cost of the required improvements. Any balance remaining after such improvements have been made shall be returned to the owner or subdivider. Legal costs to remedy the use of letter of credit, surety bond monies will be borne by the provider (developer) of the letter of credit, surety bond.

(4) After the completion of all improvements, the subdivider shall provide warranty/guaranty guaranteeing the improvements for a period of three (3) years after the completion and acceptance of the same by the Town of St. John in a form substantially as follows:

The Subdivider does hereby warrant and guarantee all work, construction and installation made pursuant hereto, including, but not limited to, streets, curbs and gutters, sidewalks, potable water distribution improvements, stormwater drainage system and detention/retention facilities, sanitary sewer additions and or improvements and any and all other improvements made and are accepted by the Town of St. John, against any defects or imperfections in workmanship, materials or equipment for a period of three (3) years thereafter the date of acceptance thereof by the Town. It is herewith covenanted and agreed that any defects or imperfections either in workmanship, materials or equipment which may exist, develop or become apparent within a three (3) year period will be repaired or replaced as may be necessary to the satisfaction of the Town of St. John at the undersigned’s expense without any expense to said Town; said defects or imperfections will be repaired or replaced within a reasonable time after said defect is discovered, brought to the attention of the undersigned and request made for such repair or replacement. The covenants, promises, warranties and guarantees made herein are expressly made to the Plan Commission of the Town of St. John and may be enforced by them and is made in consideration to induce the Plan Commission to accept said Plat and the Town of St. John to accept the aforesaid work and installation.

Signed:

Subdivider

(5) Upon secondary (final) approval of the plat by the Plan Commission and in the event the improvements have not been completed, the Plan Commission shall submit the irrevocable letter of credit, surety bond or cash escrow agreement to the Town Council for its approval.

(6) At the time of the submission of the secondary (final) plat and approval of the same by the Plan Commission, and at the time of submission of the recordable mylar copies of the plat, there shall also be required and submitted by the developer electronic (digital) copies of the subdivision plat in a file format compatible with the version used by the Town. Final validation and as-constructed (as-built) drawings of the plat of subdivision shall also be submitted in the formats above described prior to final approval. Such as-built drawings shall show the Town utilities in color on the drawings as follows: in blue for water mains, in green for sanitary mains and in pink for stormwater mains. Further, such as-built drawings shall give the GPS coordinates accurate to within three (3) inches for all hydrants, water valves, buffalo boxes, manholes of any type, stormwater inlets and outlets and street lights. Additionally, such as-built drawings shall show rim elevations, invert elevations, pipe sizes, pipe slopes and pipe material. All underground fittings must be labeled: i.e., T fitting 8" x 12" x 8", 8" gate valve, 12" ball valve, etc.

A copy of the approved and signed secondary (final) plat and a reproducible mylar copy shall be submitted to the County Auditor for recording prior to the sale of any interests of lands within said plat and within thirty (30) days of the approval. The recorded mylar copy shall be returned and filed with the St. John Clerk-Treasurer.

(7) Plat Certification. The following forms shall be used in final plats:

a. Certificates.

1. 

Under the Authority provided by Indiana Code 36-7-4-700 (Sec.700-799), as amended from time to time, and an Ordinance adopted by the Town Council of the Town of St. John, Lake County, Indiana, this Plat of Subdivision was given Final Approval by the Town of St. John as follows:

Approved by the Town of St. John Plan Commission at a meeting held on the _____ day of _________________, 20___.

_____________________________________

PRESIDENT

_____________________________________

SECRETARY

2. Each final plat of subdivision submitted to the Plan Commission for approval shall carry a certificate signed by a registered land surveyor, licensed in compliance with the laws of the State of Indiana, in substantially the following form:

“I (name) hereby certify that I am a Land Surveyor licensed in compliance with the Laws of the State of Indiana; that this Plat of Subdivision 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)

(name and registration number)

b. Dedications, Protective Covenants, Private Restrictions.

1. Each final plat of subdivision submitted to the Plan 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 Plat herein.

This Subdivision shall be known and designated as (name), an Addition to (name). All streets, alleys and easements, as well as park areas, shown and not heretofore dedicated, are hereby dedicated, to the Town of St. John, Lake County, Indiana.

Front and side yard building set-back lines are hereby established as shown on this Plat, between which lines and property lines of the street, there shall be erected or maintained no primary 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 installation of water and sewer mains, storm drainage system, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easements 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 public utilities.

2. (Additional dedications and protective covenants or private restrictions would be inserted here upon the subdivider’s initiative or the recommendation of the Plan Commission; important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum floor area.)

c. Acknowledgement. Each final plat submitted to the Plan Commission for approval shall carry an acknowledgement in substantially the following form:

STATE OF INDIANA )

)

COUNTY OF LAKE )

Before me, a Notary Public, in and for said County and State. Personally appeared __________________________________

and acknowledged the execution of the foregoing instrument as his/her voluntary act and deed, for the purpose therein expressed. Witness my hand and Notarial Seal this _______ day of ____________, 20_____

Notary Public

My Commission Expires: _____________________ A resident of _______County

Printed Signature ________________________

(Ord. No. 1707, T. 3, § 4, 7-22-20)