(A) Individual septic systems.
(1) A soils report shall be required for every minor or major subdivision where lots are planned to be served by an individual septic system to first determine the suitability of the soil in each proposed lot for a permitted septic system according to the rules of the County Health Department and applicable state regulations. The current methodology for determining the suitability of a septic system is to secure the services of a certified soil analyst who supervises the excavation of a hole in the ground to conduct visual and tests of the soil to determine suitability for an approved septic system. The methodology for conducting the tests and the tests that are required are subject to change by the County Health Department and/or the state. The approved methodology in testing in force at the time of the plat approval shall govern.
(2) The purpose of this requirement is to alert the developer that this determination should be made first as the suitability and location of an approved septic system may determine the size and layout of the lot lines and the suitability of any given lot for a building site. The requirements of this testing prior to preliminary plat approval is set out in division (C)(2) below. Once approval has been granted under this section for an approved septic system, said approval shall be non-revocable for a period of one year from the date of preliminary plat approval.
(B) Primary considerations. In order to make the most of opportunities related to the subdivision and to conserve time, effort, and expense, the owner or subdivider shall submit to the Plat Officer at an informal conference a sketch plan of the proposed subdivision. He or she shall consult with the Plat Officer, the County Surveyor, or appointed official, and other public officials prior to the preparation of the primary plat for the subdivision; the Master Plan for the county should be reviewed to determine how the primary plat will fit into the Master Plan. Requirements for major and minor streets; school and recreation sites; community facilities; shopping centers; sanitation, water supply, and drainage; and the relationship to other developments, existing and proposed, in the vicinity shall be determined in advance of the preparation of the primary plat. No land shall be subdivided for residential use unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Plan Commission, based upon recommendations of the State Department of Natural Resources, to be unsuitable for such use by reason of flooding or improper drainage.
(C) Primary plat. A subdivider desiring approval of a plat of a subdivision shall submit a written application, therefore, to the Plan Commission, such application shall be accompanied by the information, requirements, and plans set forth in this division (C) and division (D) below, all in accordance with the requirements set forth in this subchapter.
(1) Two copies of the completed application for minor or major subdivision approval form shall be submitted to the Plan Commission by the applicable filing deadline established by the Plan Commission by rule. At the time of filing, a fee, also established by rule, shall be paid to the Plan Commission. The Plan Commission shall retain one copy of the application which shall be attached to the primary drawings, the second copy shall be receipted and be retained by the subdivider as proof of payment. The subdivider shall deliver at least four prints of the primary plat drawing, one digital version of the primary plat along with four copies each of the soil survey map and the location map which shall be submitted as part of the primary plat to the Plan Commission office. The preferred size of a plat drawing shall be 36 by 24 inches, subject to staff review and approval. The Plan Commission may transmit a copy of the primary plat for review and approval to the following officials or agencies:
(a) County Highway Engineer and/or County Highway Supervisor, along with construction plans;
(b) County Surveyor;
(c) School Superintendent in whose district said plat is located;
(d) County Board of Health;
(e) State Department of Natural Resources; and
(f) Any other agency the Plat Officer considers to have an interest in the proposed subdivision, with request for comments from the agency.
(2) Each primary plat for a minor or major subdivision that is proposed to be served by individual septic systems for each lot shall contain a certification by the County Health Department that each lot has been tested by an approved methodology to determine the suitability of the soil and location for an authorized septic system for each lot. This provision for soil testing for sewage purposes shall not apply where the subdivision of a lot or parcel is ten acres or more. Each primary plat for a major subdivision shall connect to a public sanitary sewer system. Each primary plat for a major subdivision, or a minor plat that is to be served by a public sewer system, shall contain a certification from the entity providing such service that sanitary sewer service is available and has adequate capacity to serve the proposed subdivision.
(3) (a) The Plat Officer shall review the primary minor or major subdivision and advise the Plan Commission or Design Committee, as the case may be, as to whether the primary meets the requirements of the subchapter. The Plat Officer shall provide the subdivider with a copy of any such report. The subdivider shall then have the opportunity to correct any issues of non-compliance.
(b) On minor subdivisions, the Design Committee may proceed with primary review according to I.C. 36-7-4-701. On major subdivisions, the Plan Commission shall conduct a public hearing on the primary plat according to its rules, and I.C. 36-7-4-700 et seq.
(c) In making its decision, the Plan Commission or Design Committee, as the case may be, shall issue written findings of fact detailing the reasons for approval or denial. The findings shall be given to the subdivider. The Plan Commission or Design Committee, as the case may be, may approve the primary subject to conditions of approval that are reasonably necessary to satisfy the requirements of this subchapter.
(4) If the primary plat is approved by the Plan Commission or Design Committee, the applicant shall be authorized to proceed with the preparation of the secondary plat.
(5) Primary approval shall confer upon the applicant the following rights for a one- year period from the date of approval.
(a) The general terms and conditions under which the primary approval was granted shall not be changed.
(b) The said applicant shall submit on or before the expiration of the one-year period the whole or part, or parts, of said plat for secondary approval. In the event the subdivider fails to submit within the prescribed time a secondary plat, then the approval given the primary plat or the remaining portion of the primary plat shall lapse and be considered null and void.
(D) Primary plat requirements. A primary plat shall be provided by the subdivider and consist of the following:
(1) Soil survey map (information shall be obtained from or be prepared by the Natural Resources Conservation Service, also known as the NRCS) showing:
(a) Identification of all soil types located within the boundaries of the plat; and
(b) Descriptions of soil characteristics as named in the nation-wide classification system.
(2) Drainage map showing the topographical layout of the property and/or any subsurface drainage, open ditches, or located tiles;
(3) Location map (which may be prepared by indicating the following data on available maps) showing:
(a) Boundary line of the proposed subdivision indicated by a solid heavy line and the total approximate acreage involved;
(b) Subdivision name and location, specifying U.S. survey and township lines, county, and state;
(c) Any and all thoroughfares related to the subdivision; and
(d) Title, scale north arrow, and date.
(4) Primary plat showing:
(a) Name of the subdivision and location;
(b) Names and addresses of the owner, subdivider, and the registered land surveyor who prepared the plat;
(c) Streets, easements, and public rights-of-way on and adjoining the site of the proposed subdivision; showing the names and including roadway widths; approximate gradients; types and widths of pavement, curbs, sidewalks, crosswalks, planting strips, and other pertinent data;
(d) All lot lines adjacent to and abutting the subdivision, showing the subdivision or the developer’s name, or some other means of identification;
(e) Layout of lots, showing approximate dimensions and numbers;
(f) Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public, or community purposes;
(g) Easements and public rights-of-way, existing and proposed, showing locations, widths, and purposes;
(h) Building setback or front yard lines and dimensions meeting the requirements of the county road setback resolution;
(i) Location and size of nearest water main, sewer outlet, and other pertinent utilities, if applicable;
(j) Location, type, and minimum size of utilities, if any, to be installed;
(k) In instances where the subdivider plans to construct a common sewage treatment facility or a common water supply system, or both, the subdivider shall submit evidence to the Plan Commission that said preliminary plans have been submitted to the State Department of Environmental Management for their action;
(l) If the developer intends to install the improvements prior to the secondary approval of the plat of any portion of this primary plat, he or she shall submit the improvement plans and specifications as specified in § 153.162 along with the primary plat;
(m) Tract boundary lines showing dimensions, bearings, angles, and references to known land lines;
(n) Contours at vertical intervals of not more than five feet where the slope is greater than 10% and not more than two feet where the slope is less than 10%. Elevations shall be marked on such contours based on a datum plain approved by the County Surveyor, or on sea level datum;
(o) Location of existing structures within and immediately adjacent to the plat;
(p) Two copies of the primary outline of the deed restrictions and covenants that would be placed upon the subdivision;
(q) Landscaping plans and proposed limits on the location and intensity of signs, advertising, and off-street parking should be included in the case of a proposed subdivision for industrial or commercial use;
(r) Scale, north arrow, and date. The primary plat of the subdivision shall be drawn to a scale of 50 feet to one inch, or 100 feet to one inch; provided, however, that if the resulting drawing would be over 36 inches in the shortest dimension, a scale as recommended by the Plan Commission may be used; and
(s) Such other data as the Plan Commission may by rule require. Any such rule shall be adopted by Plan Commission resolution only after a public hearing.
(Ord. 2020-13, passed 11-10-2020) Penalty, see § 153.999