SUBDIVISION APPROVAL PROCEDURES

Indianapolis-Marion County Revised Code tit. III, ch. 741, art. II

in effect

Indianapolis-Marion County Revised Code § 741-201 Classification of subdivisions.

Sec. 741-201. - Classification of subdivisions. Before any land is subdivided, the owner of the property proposed to be subdivided, or his authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the provisions and procedures of these regulations. Subdivisions are classified into two types: A. Minor subdivision, defined as any subdivision that: 1. Contains no more than three lots; 2. Contains only lots fronting on an existing, improved street; 3. Does not involve the construction of a new street or extension of an existing street; 4. Does not necessitate the extension of public facilities or the creation of any public improvements, excluding sidewalks; and 5. Does not adversely affect the remainder of the parent tract or adjoining property. Further, to be classified as a minor subdivision, the land shall be platted into developable lots, as required by the applicable District, and the parent tract of land from which any part of the lots are platted shall not have been a part of three or more previous minor subdivision platting requests. B. Major subdivision, defined as all subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the public facilities or the creation of any public improvements. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-202 Authority to file applications.

Sec. 741-202. - Authority to file applications. A. Applications for review and approval under these regulations may be initiated by all the owners of the land that is the subject of the application; or the owners' authorized agent. B. The Commission shall prescribe, in the Rules of Procedure of the Plat Committee, or through petition forms prescribed by those rules of procedure and adopted by the Commission, the specifications for documents to be submitted in the subdivision of land and the vacation of plats, parts of plats, public ways, easements or public places or parts thereof. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-203 Documents submitted for primary approval.

Sec. 741-203. - Documents submitted for primary approval. The primary plat, area map, topographic map, natural infrastructure plan and requisite fee, all in prescribed quantities, shall be provided in addition to the documentation required by the Rules of Procedure. A traffic control plan shall be provided for a subdivision and for other applications proposing a new street or alley. For minor subdivisions, the traffic control plan and the natural infrastructure plan may be omitted. A. Primary plat. The primary plat shall be prepared by a professional surveyor at a convenient scale of not more than one inch equals 100 feet, and the sheets shall be numbered in sequence if more than one sheet is used with the current page number and total page numbers appearing on each sheet. The plat shall be of such size as is acceptable for filing in the Office of the Marion County Recorder, but shall not be larger than 42 by 48 inches in dimension. The primary plat shall show the following: 1. Proposed name of the subdivision, to be placed at the top of each sheet, and must clearly reference any existing subdivisions or sections (with recorded instrument number) that it abuts. 2. Location by section, township and range, and by other legal description. For verification of plat closure, the text legal description and the annotation shall match exactly. 3. The plat shall be prepared with the permitted tolerances listed in Table 741-203-1: Table 741-203-1: Permitted tolerances Calculation of Acreage | 0.001 AC (1/1000th) Closure of Plat perimeters | ±0.05 feet Closure of Individual lots, blocks, etc. | ±0.01 feet 4. Name, address, signature, seal and certification of the professional surveyor who prepared the primary plat. 5. Scale, noted in writing and graphically, of the primary plat, including graphic scale, north arrow and date. 6. Boundary lines of the proposed subdivision indicated by solid, heavy lines, based upon a traverse with angular and lineal dimensions shown on the plan. 7. Radii, central angles, tangents, lengths of arcs, curvatures, angles at street intersections and a complete street traverse of each street within and on the perimeter of the plat. 8. Locations, dimensions and names of all existing streets or other public ways, railroad and utility rights-of-way or easements, parks and other public open spaces, permanent buildings or structures, and section and municipal corporation boundary lines within 100 feet of the area proposed to be platted. 9. In the case of a replat, all descriptive lines of the original plat being vacated, shown as dotted lines in relationship to the lines of the new plat, the new plat being shown clearly in solid lines. A copy of the original plat shall be filed with the proposed replat. 10. Boundary lines of adjoining and adjacent unsubdivided and subdivided land, showing owners' names within 100 feet of the area proposed to be platted, indicating the recorded name, date and number of any such subdivided land. 11. Existing zoning of the area proposed to be platted and of land adjoining and adjacent thereto. If the subdivision is in a dwelling district and utilizing the cluster or zero-lot line option, it shall be clearly noted as such. 12. Layout of all streets, indicating the names, widths (pavement and rights-of-way), classifications thereof, and indicating whether public or private. 13. Layout of all access easements, vehicular and non-vehicular, indicating the dimensions and purpose thereof, and indicating whether public or private. 14. Layout and numbers of lots, including accurate dimensions (in acreage or square feet), of lots. The number of lots and range of lot numbers shall clearly be stated. In new developments, lot numbers shall be consecutive within each section or phase, and may not be repeated in subsequent sections or phases within a subdivision. 15. Areas to be allocated for park, school, recreational, and other public and semipublic uses, with the purpose proposed for each such area to be indicated on the primary plat. The size of each such area shall clearly be stated. All areas to be dedicated or reserved for public use shall further be noted in the applicable dedication, deed or covenant. 16. Areas to be allocated as common area or common open space, with the purpose proposed for each such area to be indicated on the primary plat. All areas to be reserved by deed or covenant for common use by owners of land contained in the proposed plat shall further be noted in the applicable dedication, deed or covenant. 17. Areas to be allocated for public service or utility easements, showing accurate dimensions and indicating the type of facility. 18. If the primary plat is to be divided into sections for platting, an indication of the boundaries and numbers of such sections. 19. Floodway or floodway fringe delineation, as established by Section 742-203 (Flood Control Zoning District). 20. Drainage covenant and sanitary sewer covenant, as established by Chapter 561 and Chapter 671 of the Revised Code of the Consolidated City and County. B. Area map. The area map shall be at an appropriate scale (not greater than one inch equals 1,000 feet) and shall indicate the following: 1. The name and location of the proposed subdivision. 2. The scale of the area map, north arrow, and date. 3. Street, lot and tract lines of parcels of land and subdivisions within 1,000 feet of the area proposed to be platted and between such area and the nearest thoroughfare. 4. The zoning of adjoining and adjacent land within the boundaries of the area map. 5. Existing or proposed park, school, recreational and other public or semipublic use within the boundaries of the area map. C. Topographic map. The topographic map shall be drawn upon a copy of the primary plat and shall indicate: 1. The name and location of the proposed subdivision. 2. The scale of the topographic map, north arrow, and date. 3. Contours based upon the U.S. Coast and Geodetic Datum or U.S. Geological Survey Datum bench marks at one-foot vertical intervals, showing clearly by flow lines and arrows the drainage pattern of surface water, both natural and proposed, within and through the area proposed to be platted, the location and elevation of such bench marks to be shown thereon. The Administrator may permit two-foot or five-foot vertical contour intervals in areas of very steep slopes, such as ravines. 4. A diagram of the proposed course of surface water drainage from the point where water leaves the proposed plat to a legal ditch, natural stream or public storm sewer, to be shown by flow lines, arrows and descriptive notes. 5. Existing sewers, water mains, culverts and other underground facilities within or adjacent to the tract indicating pipe size, grades and exact location as obtained from public records, together with a sketch plan of any group sewage disposal system, if proposed, that has been approved in writing by the Marion County Public Health Department. 6. If private disposal systems are proposed, the location and results of an on-site soil survey, including a determination of soil load rate, glacial till depth and other drainage characteristics to determine feasibility of an absorption field. This shall be performed for each lot in the location of the proposed absorption field. Such testing shall be conducted by a certified soil scientist, as required by the Marion County Public Health Department. 7. Other significant conditions of the area proposed to be platted, such as watercourses, wetlands, land subject to flooding (both floodway and floodway fringe areas), rock outcrops, wooded areas, wells, houses, and any other structures. D. Traffic control plan. A traffic control plan shall be required in the case of major subdivisions and developments that will include one or more new streets. The traffic control plan shall be drawn upon a copy of the primary plat and shall indicate the placement of the following: 1. Traffic control street signs and devices; 2. Traffic calming devices; 3. Bicycle facilities; 4. Sidewalks and pedestrian walkways; 5. Transit facilities, such as bus stop pads or shelter; and 6. Street lighting. E. Natural infrastructure plan. A Natural Infrastructure Plan shall be required in the case of major subdivisions containing more than 20 residential lots and in the case of other developments including more than 15 acres. The natural infrastructure plan shall be drawn upon a copy of the primary plat and shall indicate: 1. Placement of all proposed drainage facilities for the subdivision, indicating type of facility and if the facility is to be designed to be wet or dry; 2. Location of open space areas of the open space common area, indicating size and general improvements. 3. Location of any stream protection corridors in accordance with Section 744-205 (Stream Protection Corridors). (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-204 Documents submitted for secondary approval.

Sec. 741-204. - Documents submitted for secondary approval. The secondary plat, final natural infrastructure plan, final traffic control plan, and an engineer's cost estimate of each improvement and installation, all in prescribed quantities, shall be provided in addition to the documentation required by the Rules of Procedure. A final traffic control plan shall be provided for a subdivision and for other applications proposing a new street or alley. For minor subdivisions, the traffic control plan, natural infrastructure plan and engineer's cost estimate may be omitted. A. Secondary plat. The secondary plat shall be prepared by a professional surveyor. The secondary plat shall be presented on reproducible mylar or other format approved by the Administrator at the same scale and containing the same information, except for any changes or additions required by the Committee, as shown on the primary plat. All certifications shall be made in permanent black ink with each signature accompanied by the printed name. The primary plat may be used as a secondary plat if it meets these requirements and is revised in accordance with the Committee's disposition and provided that that the Boundary lines of adjoining and adjacent unsubdivided and subdivided land, showing owners' names, recorded name, date and number, shall be removed. All revision dates must be shown as well as the following: 1. A correct and accurate legal description of the land platted, indicating any changes from the description appearing in the last record transfer of such land. 2. Notation of any self-imposed restrictions, and restrictions that may have been placed upon the property through rezoning, approval or variance petitions, referencing petition numbers and instrument numbers, as applicable. 3. Endorsement on the plat of every person having a security interest in the subdivision property that they are subordinating their liens to all covenants, servitudes, and easements imposed on the property by the plat. 4. Lots numbered as approved by the Administrator. 5. Addresses, as assigned and approved by the Administrator. 6. All monuments erected, corners, and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted at the representation thereof or by legend, except that lot corners need not be shown. The legend for metal monuments shall indicate the kind of metal, the diameter, length, and weight per lineal foot of the monuments. B. Final traffic control plan. The final traffic control plan shall be drawn upon a copy of the plat and shall indicate the placement of the elements listed below. The final traffic control plan should reflect the information as shown on the plans submitted with the primary plat, except for any changes or additions required by the Committee. The plans submitted with the primary plat may be used if the plans are in accordance with the Committee's disposition. 1. Street name signs for the subdivision, with specifications; 2. Traffic control street signs, with specifications; 3. Traffic calming devices and markings, with specifications; 4. Bicycle facilities and markings, including specifications of the facility; 5. Sidewalks and pedestrian walkways, indicating dimensions and materials; 6. Traffic control devices along access easements; 7. Transit facilities, such as bus stop pads or shelters, with specifications; and 8. Street lighting with specification details. C. Final natural infrastructure plan. The final natural infrastructure plan shall be drawn upon a copy of the plat and shall indicate the placement of the elements listed below. The final natural infrastructure plan should reflect the information as shown on the plans submitted with the primary plat, except for any changes or additions required by the Committee. The plans submitted with the primary plat may be used if the plans are in accordance with the Committee's disposition. 1. Placement of lot trees, indicating type and size; 2. Placement of all proposed drainage facilities for the subdivision, indicating type and size of facility and if the facility is to be designed to be wet or dry; 3. Water depth, treatment of edge and profile detail for infrastructure designed to be wet; 4. Planting plan indicating species, size, and quantities, for any Best Management Practices (BMPs) requiring live vegetation; and 5. Location of primary and secondary open space areas of the open space common area, indicating size, included features and any improvements. D. Other documents. 1. If connections are not provided to a public or semipublic water system or public or semipublic sewage system, evidence that the applicant has notified the Marion County Public Health Department and requested that Department's endorsement of the application. 2. Engineer's cost estimate of each improvement and installation required by the subdivision regulations. 3. Surety as required by the subdivision regulations. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-205 Waiver of standards and specifications.

Sec. 741-205. - Waiver of standards and specifications. A. Findings. 1. The standards in Article III of these regulations may be waived by the Commission or Committee as indicated below; however, to be approved, the plat must still meet all applicable standards prescribed in the Zoning Ordinance other than any standard modified by variance. 2. Where the Committee finds that extraordinary practical difficulties may result from strict compliance with these regulations or that the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve waivers or modifications to the standards in Article III of these regulations so that substantial justice may be done and the public interest served. The waiver or modification shall not have the effect of nullifying the intent and purpose of these regulations. The Committee shall not approve waivers or modifications unless it finds based upon the evidence presented to it in each specific case that: a. The granting of the waiver or modification will not be detrimental to the public health, safety, or welfare or injurious to other property; b. The conditions upon which the request is based are individual to the property for which the relief is sought and are not applicable generally to other property; c. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; d. The resulting subdivision fulfills the purpose and intent of these regulations at an equal or higher standard than what would have been possible without the deviation; and e. The relief sought shall not in any manner vary from the provisions of the Zoning Ordinance, or official zoning base maps, except as those documents may be amended in the manner prescribed by law. B. Deferral or waiver of required improvements. 1. The Committee may defer or waive at the time of primary approval, subject to appropriate conditions, the provision of any or all public improvements that, in its judgment, do not further the interests of the public health, safety, and general welfare, or that are inappropriate because such provision produces an unsafe or unhealthy situation. Any determination to defer or waive the provision of any public improvement must be made on the record, and the reasons for the deferral or waiver also shall be expressly made on the record. 2. Whenever it is deemed necessary by the Committee to defer the construction of any improvement required under these regulations because of incompatible grades, topography, future planning, inadequate or nonexistent connecting facilities, or for other reasons, the subdivider shall pay his fair share of the costs of the future improvements to the local government prior to signing of the secondary subdivision plat by the Administrator, or a separate subdivision improvement agreement may be executed and secured by a letter of credit guaranteeing completion of the deferred improvements upon demand of the local government. C. Commitments and conditions. As a condition of granting a waiver under this subsection, the commission or committee may allow or require a commitment to be made. D. Procedures. 1. The request for a waiver or modification of the standards fixed in these regulations must be submitted in writing by the applicant at the time when the primary plat is filed for the consideration of the Committee. The request and support documentation shall state fully the grounds for the waiver or modification and all of the facts relied upon to reach such a conclusion. 2. Any waiver not specifically requested shall not be considered approved even if the plat is approved. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-206 Effective period of primary plat approval.

Sec. 741-206. - Effective period of primary plat approval. The approval of a primary plat shall be effective for a period of two years after the date of the Committee's conditional approval of the primary plat. The applicant shall have submitted a secondary plat for approval prior to the end of such time. Plats that are not recorded within such two-year period shall, at the expiration of such two-year period, become invalid and shall not be entitled to recording without reapproval by the Committee. The Committee shall determine if the approval shall be in accordance with the same standards, requirements and procedures specified by these regulations for original plat approval, or if in the event that standards or requirements have changed, what standards shall apply. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-207 Secondary approval.

Sec. 741-207. - Secondary approval. A. After the time period for appeal of a Committee decision on a primary approval has lapsed, the secondary approval may be granted. The Administrator, as authorized by IC 36-7-4-710, has the authority to grant secondary approval on behalf of the Commission and Committee. The Administrator shall not grant secondary approval unless: 1. All conditions of primary plat approval are met; 2. All zoning requirements are met; 3. The secondary plat is in substantial compliance with the approved primary plat; and 4. The plat has been stamped by the county assessor. B. A secondary plat may be filed for all or a part of the land included in an approved primary plat, provided that all infrastructure required for full services to lots included in the secondary plat have been provided, and provided that all lots and open spaces included in the secondary plat have access onto a public street or an approved private street. If the subdivision contains common open space, that open space may not be included in the last secondary plat of remaining lands in an approved primary plat, but must be included in one or more earlier secondary plats. C. Secondary approval may be granted to a plat for a subdivision in which the improvements and installations have not been completed if the applicant provides satisfactory assurance that the installations and improvements will be installed or extended in compliance with these regulations. D. At the time of secondary plat approval, the full right-of-way for all streets along the boundary of the subdivision under the applicant's ownership control shall be dedicated to the City of Indianapolis or the jurisdiction thereof having legal responsibility for the improvement, free and clear of all liens and encumbrances. E. A plat of a subdivision may not be filed with the Auditor, and the Recorder may not record it, unless it has been granted secondary approval and has been signed and certified with the Commission seal by the Administrator. The filing and recording of the plat is without legal effect unless secondary approval has been granted by the Administrator. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-208 Recording of plats.

Sec. 741-208. - Recording of plats. A. Plat contents. A plat shall not be recorded unless the plat is in accordance with the Committee approval and bears all the following: 1. The seal of the Commission; 2. Stamp of the County Assessor; 3. Stamp by the professional surveyor; 4. Stamp of the County Auditor; 5. All owners' consent signatures, notarized; 6. Dedication statement for streets and public utility easements; 7. Addresses and street names as approved by the Administrator; 8. Delineation of floodway and floodway fringe, as required by these regulations; 9. All restrictive covenants, if proposed; 10. Sight distance covenant (See Section 741-702); 11. Enforcement covenant (See Section 741-701); 12. Storm drainage covenant (See Section 741-703); 13. Storm Water Best Management Practices covenant (See Section 741-705); 14. Sanitary sewer covenant (See Section 741-704); and 15. All other item as prescribed by the Committee or these regulations. B. Ratification of the plat. 1. The recorded plat shall be ratified by the Committee. 2. Once the plat has been recorded, copies of the recorded plat and covenant document (the instrument number clearly appearing on each) shall be delivered to the Administrator prior to the issuance of Improvement Location Permits. The Administrator shall determine the applicable number of copies and format of each document required. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-209 Completion and maintenance of improvements.

Sec. 741-209. - Completion and maintenance of improvements. A. All applicants shall be required to complete, in accordance with the Committee's decision and to the satisfaction of the municipality, all the street, sanitary sewer and storm drainage, sidewalks, street signs, monuments, erosion control, street lights, and other required improvements, including lot improvements on the individual lots of the subdivision, as required in these regulations, specified in the secondary plat and as approved by the Committee, and to dedicate those public improvements to the municipality, free and clear of all liens and encumbrances on the dedicated property and public improvements. B. Secondary plat. Before the secondary plat is signed by the Administrator, the applicant shall provide a maintenance bond and a copy of the written completion and compliance affidavit from the agency that has jurisdiction over the required improvements that the improvements have been completed in accordance with these regulations; or, at the discretion of the Committee, provide a subdivision improvement agreement and performance surety in which: 1. The applicant shall covenant to complete all required sanitary sewer, street base, binder and curbs, street topcoat, storm drainage, street signs, monuments, erosion control, sidewalks, street lights and other required improvements no later than two years following the date on which the Administrator signs the secondary plat. 2. The applicant shall covenant to maintain each required improvement for a period of three years after the date of acceptance of the improvement by the City, and also shall warrant the governing body of the dedication of the last completed improvement. The subdivision improvement agreement shall contain such other terms and conditions agreed to by the applicant and the Commission. 3. A performance bond or letter of credit shall be provided before the seal of the Commission, the approval of its officers, and the certificate that public notice of the hearing was published, are affixed and attached to the plat. C. A subdivision improvement agreement and performance surety are not required for minor subdivisions unless specifically required as a condition of approval by the Committee. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-210 Performance surety.

Sec. 741-210. - Performance surety. A. The performance surety must be a performance bond or letter of credit on the approved Department of Metropolitan Development forms titled "Bond for Subdivision Improvements," and "Irrevocable Standby Letter of Credit." Performance surety may be provided as a single performance bond or letter of credit guaranteeing all improvements and installations, or individual performance bonds or letters of credit may be provided for each type of improvement or installations. B. Performance surety is required unless the improvements and installations have been constructed, installed and completed in compliance with these regulations, as evidenced by the submittal of the completion and compliance affidavit and a maintenance bond as required by these regulations. C. The performance surety must be in the following amounts of the cost, as determined by the Administrator, of all improvements and installations as required by these regulations that have not been constructed, installed and completed in compliance with these regulations and the maintenance bond and completion and compliance affidavit provided to the Administrator: 1. 110% of the costs of all improvements except the final coat of street paving; and 2. 125% of the costs of the final coat of street paving. D. For projects not within the jurisdiction of an excluded city or town (Beech Grove, Lawrence, Southport, and Speedway), the beneficiary of the surety shall be jointly and severally the City of Indianapolis and any other governmental unit or regulated utility having a legal responsibility for the construction and completion of such improvements and installations required by these regulations. For projects within the jurisdiction of an excluded city or town (Beech Grove, Lawrence, Southport, Speedway), the beneficiary of the surety shall be jointly and severally the City of Indianapolis and the excluded city or town. E. When said performance surety has been provided previously to the other governmental unit or regulated utility, a certified copy, issued by the surety, shall be accepted by the Commission, provided all other provisions of these regulations are met. F. To obtain the release of a performance surety, a completion and compliance affidavit and, if required, a maintenance bond must be provided to the Commission. Within 90 days of receipt, the Administrator shall determine if all requirements of these regulations have been met. If the regulations have not been met, notification shall be provided by at least first class mail to the applicant requesting release of the surety. Until such release is approved, the surety shall continue to run and the improvements and installations shall not be accepted until all relevant standards are met. G. The subdivision name, and section number if applicable, and all required improvements and installations for the subdivision shall be specified in the performance surety and specified to be completed in accordance with the requirements and specifications of these regulations prior to the time that houses or dwelling units have been built upon 81% or more of the lots shown upon such plat, or prior to the time that 51% or more of the nonresidential lots have been constructed upon, or within three years after the date of the Commission's affixing its approval to such plat, whichever event first occurs. H. The performance surety must provide that upon completion of such required improvements and installations, but prior to the acceptance thereof for public maintenance by the appropriate public agency or release of any performance surety, the applicant shall provide a three-year maintenance bond as required by these regulations. I. All funds received from the performance bonds or maintenance bonds required by these regulations shall be used only for the purpose of making the improvements, installations or repair for which such bonds were provided, in accordance with the standards, specifications and requirements of these regulations. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-211 Completion and compliance.

Sec. 741-211. - Completion and compliance. A. Upon the completion of all improvements and installations as required by these regulations, the applicant shall furnish the applicable agency having jurisdiction, and any other appropriate governmental unit or regulated utility having a legal responsibility for the completion of such improvements and installations, with sufficient written proof, including any required as-built drawings, that the improvements and installations have been constructed, installed and completed in compliance with the requirements of these regulations. B. Upon the satisfaction of the appropriate governmental unit or regulated utility that the required improvements have been completed in accordance with these regulations, the applicant shall obtain a completion affidavit from such governmental unit or regulated utility having jurisdiction, stating that the required improvements and installations have been accepted for maintenance by the governmental unit or regulated utility, subject to the terms of a maintenance bond provided by the applicant. C. A maintenance bond and completion affidavit shall be provided to the Administrator. D. A copy of the operations and maintenance manual for each of the best management practices constructed on site shall be provided to the Administrator. E. Improvements and installations shall not be considered complete or in compliance if junk, rubbish, or other waste materials of any kind, whether natural, such as cut trees, timber, rock, or construction-related, such as concrete, are buried in any part of the subdivision. All construction materials, whether excess, surplus or waste, shall be removed from the subdivision prior to the dedication of public improvements and the expiration of the maintenance bond. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-212 Maintenance bond.

Sec. 741-212. - Maintenance bond. A. Upon completion of the following types of improvements, but prior to the acceptance of those improvements for maintenance by the appropriate governmental unit or regulated utility, the applicant shall provide a three-year bond for the following improvements and installations: streets, sanitary sewer, storm drainage including associated landscaping, sidewalks and pedestrian walkways, street signs, and other improvements as required by the Committee. Unless specifically required by the Committee, maintenance bonds shall not be required for the following improvements: monuments, erosion control, or street lights. B. The maintenance bond shall be with the applicant or some other person satisfactory to the Commission as principal, and shall run jointly and severally to Marion County, Indiana, the Commission, and, if applicable, any other governmental unit or regulated utility having a legal responsibility for the construction, completion or maintenance of such improvements and installations. For projects not within the jurisdiction of an excluded city or town (Beech Grove, Lawrence, Southport, and Speedway), the beneficiary shall be the City of Indianapolis. For projects within the jurisdiction of an excluded city or town (Beech Grove, Lawrence, Speedway, etc.), the beneficiaries shall be jointly the City of Indianapolis and the excluded city or town. C. The maintenance bond shall be in an amount equal to 20% of the cost, as determined by the Administrator, of all improvements and installations as required by these regulations and the cost of any improvement or installation for which an equivalent bond has previously been provided to such other governmental unit or regulated utility. D. The maintenance bond shall provide surety satisfactory to the Commission. E. The maintenance bond shall warrant the workmanship and all materials used in the construction, installation and completion of such improvements and installations to be of good quality and constructed and completed in a workman-like manner in accordance with the standards, specifications and requirements of these regulations and the satisfactory plans and specifications for such improvements submitted to the Administrator. F. The maintenance bond shall provide that for a period of three years after formal acceptance, the applicant shall at its own expense make all repairs to such improvements and installations, or the foundations of those improvements, that may become necessary by reason of improper workmanship or materials, but not including any damage to such improvements and installations resulting from forces or circumstances beyond the control of the applicant or occasioned by the inadequacy of the standards, specifications or requirements of these regulations. G. Maintenance bonds shall be filed on the approved Department form titled "Maintenance Bond." All funds received from the maintenance bonds required by these regulations shall be used only for the purpose of making the improvements, installations or repair for which such bonds were provided, in accordance with the standards, specifications and requirements of these regulations. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 741-213 Minor amendments to secondary plats.

Sec. 741-213. - Minor amendments to secondary plats. An administrative procedure is hereby established for the approval of an amendment to a recorded secondary plat to address minor corrections or adjustments to a recorded secondary plat where such corrections or adjustments are consistent with the intent, terms and conditions of the original primary plan as approved by the Plan Commission. A. Approval of an amendment to a secondary plat. Approval of a minor amendment to a secondary plat is hereby delegated to the Director, provided that: 1. Any and all conditions imposed by the Plan Commission on the primary plat have been fully complied with by the subdivider; and 2. The nature of the minor amendment is consistent with the determination of minor amendments set forth below. B. Procedures. Amendments authorized by this Section 741-213 shall be filed in the same manner as a secondary plat, including but not limited to: 1. Secondary plat application; 2. Filing fees; and 3. Consent of all owners of the land included in the proposed amendment. C. Determination of minor amendments. The following corrections and adjustments to a secondary plat shall be considered minor amendments and may be approved through the use of the special provisions of this Section 741-213: 1. Correction of a typographical error in a legal description. 2. Correction of a bearing, distance or curve data, provided such correction does not alter the location or boundary of any lot or easement. 3. Correction of a misspelling. 4. Correction of an incorrect or missing signatures. 5. Correction or change of an address assigned to a lot. 6. Correction or change of an assigned street name. 7. Addition, deletion or modification of a note on a secondary plat that does not affect the use or enjoyment of a lot. 8. Addition, deletion or modification of the delineation of a feature (e.g., notations regarding areas subject to the National Flood Insurance Program). 9. The name of a recorded subdivision. 10. Modification of the function of an easement to increase the use of the easement (e.g., change of a "Sewer Easement" to a general "Drainage and Utility Easement"). 11. The combination of two or more lots to create one or more lots that are all larger than the original lots being joined. D. Scope of minor amendments. Minor amendments to a recorded secondary plat may apply to an entire recorded secondary plat or only that portion of a recorded secondary plat which is impacted by the amendment. E. Limitations on amendments. The provisions of this Section 741-213 shall not be applicable to any of the following changes to a recorded secondary plat: 1. The vacation of a plat or portion of a plat, including plat covenants required by the Commission. 2. The vacation of a public place. 3. The vacation of a platted easement. 4. The vacation of a public way or platted right-of-way. 5. The vacation of any public lands or public places. F. Duration of approval. The applicant shall record an amendment of a secondary plat within 60 days of approval. If the amended secondary plat is not recorded within the prescribed period, the approval shall be considered null and void. (G.O. 64, 2015, § 2; G.O. 37, 2018, § 5)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH741SURE_ARTIISUAPPRFetched: 10/27/2026