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PROCEDURE
(A) Any person, corporation, firm or agent thereof, intending to subdivide land within the plat jurisdiction of the village shall proceed according to the steps outlined in this chapter.
(B) This code requires that before the village accepts for review any preliminary subdivision plat, final plat, plan development zoning plat or any other survey made for the purpose of dividing land, that the subdivider or his or her agents shall first meet with the Village Plan Commission for pre-application conferences and site investigations.
(C) The purpose of the pre-application meetings and investigations are as follows:
(1) To determine the proper classification or procedure which the subdivider should follow in the subdivision of the tract of land in question;
(2) To ensure the subdivider fully understands all the provisions of the Village Subdivision Code and other village codes related to the development of land;
(3) To ensure the subdivider is thoroughly familiar with the standards, materials and specifications of the village governing the construction of streets, and other public facilities in the area he or she intends to subdivide;
(4) To find out whether any other village action such as zoning, annexation or street vacation needs to be taken prior to the development of the land;
(5) To ensure the subdivider will conduct adequate background studies to allow the subdivider to properly design his or her subdivision and to allow the village proper information to review the subdivision plan; and
(6) To ensure the subdivision will be designated consistent with the village official comprehensive plans or official village map and to ensure the subdivider is aware of all the provisions of the plan which would effect the design of his or her subdivision.
(2001 Code, § 34-4-1)
The following steps set forth the pre-application conference and investigation procedures in greater detail.
(A) Step One: Submittal.
(1) A subdivider wishing to arrange for pre-application hearings with the Village Plan Commission shall submit a written request to the Plan Commission for pre-application review for the proposed subdivision. The request shall contain a general description of the location and size of the tract to be platted; the intent as to character, type and use anticipated for the property and type of structures to be developed; and in a general manner the extent and character of the improvements to be made by the subdivider. If appropriate, a description of any unique hardship or difficulty which might limit the development of the property under consideration.
(B) Step Two: Establishment of Meeting Date and Classification.
(1) The Village Plat Officer shall then arrange with the Chairperson of the Plan Commission to have a hearing date set within 30 days. The Chairperson of the Plan Commission shall then notify the members of the Commission and staff of the meeting date and a letter should also be sent to the subdivider formally notifying subdivider of the time and place of the hearing.
(2) When the subdivider submits his or her letter to the Village Plat Officer, the Village Plat Officer shall make a determination of what classifications subdivision procedure the subdivider should follow and advise the subdivider as to what additional information the subdivider should submit to the Village Plan Commission.
(3) All lands to be subdivided within the village shall be classified as one of the following four types of subdivision classifications, a major subdivision, minor subdivision, special subdivision or replat.
(C) Step Three: Site Analysis (Major or Special Subdivisions).
(1) If the Village Plat Officer determines that land should be processed as either a major subdivision or special subdivision the Plat Officer should inform the subdivider that he or she will be required to submit a series of maps for the purposes of site evaluations.
(2) Specific regulations as to how the maps should be drawn and how technical information is to be presented is covered in § 152.057.
(3) In general, these maps should include:
(a) A map of general slope classification and topographic contours;
(b) A map of general drainage and high water marks;
(c) A map of significant vegetation;
(d) A map of general soil types; and
(e) In areas to be developed without community water or sewer systems, tests for ground water supply availability and percolation information may also be required.
(D) Step Four: The Neighborhood Plan and Site Recommendations (Major or Special Subdivision).
(1) For all major subdivisions the Plan Commission staff shall direct its staff to prepare a general neighborhood plan (Plate IV-I) for the pre-application conference. The neighborhood plan should cover all areas within a half a mile of the proposed tract or an area consistent with the standard neighborhood limits within which the tract lies.
(2) This neighborhood plan should include major and collector street alignments and widths; general location of minor streets; proposed drainage, conservation and major utility easements; all proposed dedications and reservations shown on the village's official comprehensive plan or official map; and general development and design recommendations.
(E) Step Five: Site Discussions.
(1) The Plan Commission, staff, and subdivider at the pre-application conference shall discuss the site analysis map and the general neighborhood plan prepared by the staff. From this discussion the general design concepts and development plan for the subdivision should be established.
(2) Further pre-application meetings may be required by the Commission when, in the opinion of the Commission, additional site investigations are necessary for proper review of a subdivision plat for the tract or tracts in question.
(F) Step Six: Commission's Recommendations. Within 15 days after the pre-application conference, the Commission shall submit to the developer and to the Village Board in writing, its recommendations as to the development of the site.
(G) Step Seven: Sketch Plan or Preliminary Plan (Optional).
(1) In cases of all minor and replats a sketch plan shall be required and shall be presented at the pre-application conference. In the cases of special subdivisions or major subdivisions, a submission of a sketch plan is at the discretion of the subdivider.
(2) Where the subdivider feels he or she fully understands the recommendations of the Plan Commission he or she may proceed to the preliminary plat sketch without a sketch plan.
(3) If the subdivider feels unclear or disagrees with the recommendations of the Plan Commission he or she may submit a sketch plan in accordance with regulations of §§ 152.055 through 152.061 for further discussion with the Plan Commission and Village Board prior to his or her engaging in more expensive engineering drawings.
(2001 Code, § 34-4-2)
After the subdivider has satisfied the pre-application requirements of this code (§ 152.040 above) and after the Plan Commission has concurred with the decision of the Plat Officer as to the proper classification of the proposed subdivision, the subdivider then shall proceed to process his or her plat in accordance with the appropriate classification procedures established by this subchapter. The following sections, therefore, set the appropriate procedural requirements for minor subdivisions, replats, major subdivisions or special subdivisions.
(A) The minor subdivision.
(1) The minor subdivision procedures shall be allowed when in the determination of the Plan Commission five lots or less will be created; the subdivision fronts on an existing adequately improved street; does not involve any new streets; easements of access or the extension of other municipal facilities; does not adversely affect the development of the remainder of the parcel or adjoining property; and does not conflict with any provisions of the official map or other applicable regulations or plans.
(2) After the Plan Commission approves the classification of the proposed subdivision as a minor plat it shall be processed in one step in accordance with the following procedures:
(a) The subdivider shall prepare a certified survey map in accordance with the regulations set forth in the code in § 152.059 below; and shall file the original linen or Mylar and seven copies of the map and the letter of application with the Plan Commission, who within a period of 30 days shall approve, conditionally approve or reject the plat.
(b) Before approving or rejecting any plat the Plan Commission shall submit one copy of the certified survey map to each of the utilities companies to ascertain whether any utilities easements are required; and one copy to the tax officer to ascertain whether there are any unpaid taxes. These agencies within seven days should return their comments. If no answer is received within 15 days it shall be considered that there are no objections to the plat. If the Commission rejects the subdivision its objections shall be in writing.
(c) When a minor subdivision is considered by the Plan Commission, the Chairperson of the Plan Commission shall sign the plat and within 15 days submit the original linen and all copies, bearing his or her name, date and recommendation to the Village Board for final action.
(B) Major subdivision. The processing of a subdivision as a major subdivision shall be required on any parcel of ground not previously platted, where major street improvements, easements or dedications are required, or where more than five lots are being created through the subdivision processes. The major subdivision shall be processed in three steps: the preliminary plat stage, the construction and inspection stage and the final plat stage. The following sections set the proper procedures to be followed in each of the three stages mentioned. A review and approval of each of these stages will be necessary before the subdivider will be entitled to proceed to the following stage.
(1) Preliminary or tentative plat.
(a) A preliminary plat shall be eligible for review when the subdivider has satisfied the pre-application requirements of this code, when he or she has paid his or her plat fees and when he or she has submitted to the Plat Officer (Building Inspector) ten copies of the layout plat, three copies of the engineering drawings, plus three copies of the proposed deed restrictions to be established for the proposed lots.
(b) The Plat Officer shall notify the Chairperson of the Plan Commission and a public hearing shall be set within 30 days to review the preliminary plat, engineering drawings and suggested deed restrictions. The subdivider also shall be given adequate written notice of meeting. The copies of the proposed preliminary plat should then be sent to the County Health Department, appropriate drainage districts, the township board, appropriate planning staff of the Village Plan Commission, the electric company, the telephone company, the School Board, and the Village Engineer 15 days prior to the public hearing. Comments from these agencies should be submitted to the Village Plan Commission prior to the public hearing. If no comment is received by the time of the meeting the Commission shall consider the agencies have no recommendations.
(c) At the public hearing the Plan Commission shall recommend approval, conditional approval or rejection of the proposed plat. Copies of the recommendation of the Plan Commission and the original linen copy of the plat shall then be sent to the Village Board and additional copies of the village action should be sent to the subdivider.
(d) After receiving the recommendations of the Village Plan Commission the village shall act upon the proposed plat within 60 days. If approved the President of the village shall sign and date the original and three copies of the plat and also direct the Chairperson of the Plan Commission to sign and date the plats.
(2) Inspection and work certification. Upon approval of the preliminary plat the subdivider shall meet with the Building Inspector to receive approval to start work on the public improvement within the subdivision and during construction shall meet the following requirements:
(a) The subdividing contractor shall be duly certified and bonded by the village to undertake the work. In the event that the contractor is required to post his or her bond, the bond should be drawn in accordance with regulations in village codes;
(b) The subdivider shall also submit to the Village Engineer certifications showing the type materials and amounts used in construction meet the standard of this code;
(c) The subdivider shall also arrange for various inspections of improvements to be made by the Village Engineer or Inspector at pre-arranged points during the course of construction as provided for in this code;
(d) The design engineer shall also be required to inspect work to ensure that it conforms to the specifications in the preliminary plat and upon the works completion shall certify that the work has been completed according to the engineering and design plans as approved by the village; and
(e) Upon proper completion of improvements the Village Engineer or Inspector shall submit to the Village Board a full report (including an inspection certification (see §§ 152.055 through 152.061) on improvements and certifications thereof. If the engineer finds that all improvements are installed to the standards agreed upon in the preliminary plat or if a bond in proper legal form has been submitted (the Village Board, however, shall not formally accept any dedicated streets until one year after actual construction, the maintenance during this time shall be the subdivided responsibility) the development is ready for final platting.
(3) The final plat.
(a) The final plat shall be ready for review after the Building Inspector notifies the Chairperson of the Plan Commission that the work has been completed or adequate bonds have been accepted by the village. The subdivider shall prepare a final plat and a letter of application in accordance with this code and shall file five copies of the plat with the Village Building Inspector.
(b) The Village Plan Commission shall then examine the final plat for its conformance with: the approved preliminary plat; any conditions of approval of the preliminary plat; the regulations of this code and all other village ordinances. The Commission then should recommend approval, conditional approval or rejection of the plat to the Village Board. The Village Board should act within 60 days on the plat.
(4) Recordation. After the final plat has been approved and required improvements either installed or sureties insuring their installation provided, the Village Clerk shall cause the certificate inscribed upon the plat attesting to the approval to be duly executed and the Village Clerk shall record the plat with the County Register of Deeds. The Register of Deeds cannot record the plat unless it is offered within 30 days from the date of the last approval.
(C) The replat procedures. The replat procedures shall apply when an alteration, redesign or re-division is proposed for an existing legally recorded subdivision or part thereof. The replace procedures may be processed in one or two steps depending upon whether or not it is necessary to vacate or alter any streets, easements, lots or other public facilities. In the instance where no public facilities, easements, lot records or other improvements are involved and where the plan change corresponds with the provisions of the village comprehensive plan the further subdivision or other alteration of lots in existing subdivisions shall follow the same procedures as described under a minor subdivision; in all other instances involving subdivisions classified as replats the original plat must be vacated according to the following section.
(1) Vacation of existing plat. Any person, firm or agent thereof wishing to have vacated existing lot lines, public streets, highways or alleys or any easement other than easements granted between individual property owners shall file a written instrument and plat with the village officials showing what easements and rights-of-way are to be vacated. Such an instrument and replat shall be reviewed by the Plan Commission, the County Superintendent of Highways, the District Engineer of the Department of Public Works and Buildings of the state and the effected utility companies. The Village Plan Commission after receiving the comments of these agencies shall make their recommendations on the plat to the Village Board. If the Village Board concurs with the vacation, the Village Clerk shall submit the resolution of the Village Board, the instrument and plat to the County Recorder of Deeds; who then shall officially record and cancel the entire plat of record or specific portions thereof.
(2) Review of plat. After a vacation of a previous plat has been approved by the Village Board and recorded in the office of the Macon County Recorder of Deeds, the subdivider may then submit his or her petition for the replat of the subdivision involved. The subdivision shall be classified by the Village Building Inspector as either major, minor or special subdivision and shall then proceed in accordance with the regulations established for the classification given to the subdivision.
(D) Special subdivisions or planned unit development.
(1) Any parcel of land five acres or more can be considered for a special subdivision when both the subdivider and the Village Plan Commission concur in the pre-application conference that the land can best be developed as a planned unit development or a special subdivision.
(a) The Plan Commission shall approve the planned development only if it finds that the planned development satisfies all of the following standards.
1. The planned development is consistent with the comprehensive plan for the community.
2. The planned development is an effective and unified treatment of the development possibilities on the project site (and the development plan makes appropriate provision for the preservation of streams and stream banks, wooded cover, rough terrain and similar areas).
3. The planned development shall be in harmony with any existing or proposed development in the area surrounding the project site.
4. The approval of the plan will not represent an increased maintenance burden on roads, drainage ways and public utilities to the village, township or county over what these agencies would have to incur if the subdivision was developed as a standard subdivision.
(b) Upon classification of any plat as a special subdivision or planned unit development by the Plan Commission the subdivider is then eligible to submit to the Village Building Inspector a letter requesting joint zoning and subdivision action.
2. The Building Inspector shall arrange to have a joint meeting of the Plan Commission and Zoning Board within 30 days of submission of the plat and give notice to the subdivider of the time and place of the meeting.
(c) Except for the granting of special relief, legal notification and the combined action of the Zoning Board and Plan Commission; the plat shall then be processed similarly to that of a major plat. (All planned unit developments must be approved by two-thirds vote of the members present at any Village Board meeting.)
1. Since special subdivisions combine zoning with subdivision procedures, all hearings shall comply with publication requirements of the state for zoning hearings.
2. There should be therefore a 15-day legal publication given in advance of a public meeting where special subdivisions are to be reviewed.
(2) The Building Inspector, when certifying the work of the planned unit development, special plat or when issuing building permits for the same, shall only be allowed to issue permits consistent with the detailed plans shown on the plat. No building permits may be issued on land with the planned development subdivision until the final plan for development has been approved.
(3) The final plat shall be processed similarly to that of a major subdivision.
(2001 Code, § 34-4-3)
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