Chapter 16.12 MINOR SUBDIVISIONS
Section 16.12.060 Administrative subdivisions.
A. General. Administrative subdivisions
are subject only to a certification by the official
designed in Section 16.40.020 that such subdivision is within one of the categories included in the
definition of administrative subdivision in Section 16.08.010. Replats which meet the conditions of
administrative or agricultural subdivisions also may be considered under the terms of this chapter.
B. Filing Fee. A request for department
review of a subdivision shall be accompanied by the
filing fee as established by the commission.
C. Submission Materials. The following
materials shall be submitted by an applicant for
approval of an administrative subdivision:
1. Application signed by the owner(s)
of record of all property involved in the subdivision;
2. A drawing prepared in accordance
with all applicable standards set forth in Section
16.12.070 showing the property involved in the subdivision indicating the area of each lot or parcel
in acres (for parcels larger than twenty thousand square feet in area) or square feet and indicating
the configuration of the property and any easements thereon before and after the proposed
administrative subdivision. This drawing is not required for those applications covered by
subsections (C)(5), (6),(8), (9)(c), (10) and (11) of this section;
3. Approval certificates (see Chapter
16.36);
4. For removal of interior lot lines,
a legal description of the property and the new lot
number(s);
5. For removal of platted easements,
signed and notarized letters of approval of the proposed
action by all utilities having an interest in such easements, and in the case of drainage easements,
any neighboring property owners affected by such easements. A notation shall be placed on the plat
indicating that the easement has been vacated;
6. For changes in the notations on
a previously approved plat, an explanation of the reason(s)
for the changes. If the department finds that such changes have a significant effect on the
subdivision as approved by the commission, the department may require such change to be decided
by the commission;
7. For division of land into cemetery
plots, a plat of the cemetery showing the layout of the
cemetery including private drive, parking areas, and the sizes of burial lots. Such plat shall comply
with the requirements of I.C. 23-14-8 and any amendment thereto;
8. For divisions by court decree,
a copy of the decree showing by legal description how the
land is to be divided;
9. a. For sale or exchange of adjoining
land where one or more the affected parcels is platted,
a legal description and indication on the drawing of the tract to be divided and the tract to be added
and certification by a registered land surveyor that monuments have been or will be set to indicate
the relocated property lines. If no land involved in the subdivision has not been monumented, no
monumentation is required,
b. For sale or exchange of adjoining
unplatted land, a legal description and indication on the
drawing of the tract to be divided and the tract to be added,
c. For subdivisions where the purpose
is to resolve a boundary dispute or to establish a
mutually agreed-upon boundary line, an affidavit signed by all affected property owners stating the
purpose of the subdivision,
d. At the time that an administrative
subdivision as defined in Section 16.08.010
(administrative subdivision) is submitted for approval, the submission shall include quitclaim or
warranty deed(s) containing the legal description for each parcel of property for which ownership
is transferred within and by said administrative subdivision;
10. For corrections of legal descriptions,
an affidavit signed by the affected owners stating that
the description was in error and a corrected legal description. Such correction shall be recorded,
and an appropriate notation shall be placed on the recorded plat;
11. For dedication or granting of
easements for purposes other than access, a legal description.
Such easements shall be recorded, and an appropriate notation shall be placed on the recorded plat;
12. For dedication of right-of-way
or access easements, a legal description and a drawing
showing the parcels and the location of the right-of-way or easement. In addition, for right-of-way
dedication, certification by a registered land surveyor that monuments will be set indicating the
relocated property lines;
13. For division of a building site
containing an existing dwelling from an agricultural parent
tract, evidence that the dwelling has been on the site for at least three years, and a survey by a
registered land surveyor meeting the minimum standards contained in Section 16.12.070 and
monumentation as required in Section 16.24.210.
D. Review Procedure. See Chapter 16.40.
E. Length of Approval.
1. The approved administrative subdivision
shall be recorded in the county recorder's office
within one hundred twenty days of certification by the department. Any such subdivision and
certification not recorded within that period shall become null and void.
2. The approved administrative subdivision
and any deeds as required by this section shall be
recorded concurrently in the county recorder's office within one hundred twenty days of
certification of the department. Any such subdivision, deed(s) and certification not recorded within
that period shall become null and void. (Ord. 94-5 § 3 (part),1994)