(A) Property can be divided through one of the following procedures determined by the subdivision division type as defined within § 151.01
. Each lot intended for building or development purposes must meet the minimum standards in each zoning district as stated on the Aurora Zoning Map and in the Aurora Zoning Ordinance. Surveys, in addition to payment of applicable fees, accompanied by a completed application, may be submitted at any time to the Commission designee to initiate review procedures.
(1) Administrative division of land. For divisions that meet the definition of an administrative division of land, the following shall govern:
(a) Within ten days of receipt of a completed application in accordance with § 151.17
, the Planning Commission designee shall review and approve, approve with conditions or modifications, or disapprove the proposal.
(b) Approval. Once reviewed and approved, the plat will be signed and stamped "Approved" by the Commission designee. Approval of the administrative division of land or certified survey does not record the parcel of land.
(2) Minor division of land review procedure. For divisions that meet the definition of a minor division of land, the following shall govern:
(a) Within 30 days of receipt of a completed application in accordance with primary plat review as described in § 151.18
(D), the Commission designee shall perform the following:
1. Schedule a Plat Committee or Commission review of the application;
2. Prior to the Plat Committee or Commission review, the division will be reviewed by Commission staff and the Technical Review Committee for technical conformity with these regulations and provide a written report that indicates compliance with the requirements of this chapter or a list of any deficiencies. The applicant shall then be given the opportunity to correct these deficiencies prior to the public hearing.
(b) The Plat Committee or Commission shall review the applicant's application for compliance with these regulations. Within ten working days from the date of the plat review the division may be approved, approved with conditions or deny the division. However, if the application and plat comply with these regulations, it shall grant approval.
(c) Approval. Once reviewed and approved and the appeal period has expired, the plat will be signed and stamped "Approved" by the Committee or Commission designee. Approval of the administrative division of land or certified survey by the Committee designee does not record the parcel of land.
(d) Appeals. Within ten days after the Committee's approval of an application, the interested parties shall be notified in the manner set forth in sections 706(2) and 706(3) of IC 36-7-4, of their right to appeal the Committee's decision. In order to appeal a decision of the Committee, the applicant or appellant must file a notice of appeal with the Planning Department within ten days of receipt of the notice. The appeal of a decision of the Committee may be taken only to the Commission. Upon the filing of a notice of appeal, the applicant's application for approval shall be subject to the procedures of primary plat approval, described below in division (A)(3)(a) of this section.
(e) Primary plat approval for minor divisions of land do not require a public hearing process unless an appeal is filed in accordance with division (A)(2)(d) above. A secondary plat may be submitted to the Commission designee to sign and stamp for approval and recordation following an approved primary plat.
(3) Major division of land review procedure. For divisions that meet the definition of a major division of land, the division shall obtain approval for the following three review steps prior to being recorded and developed. The following shall govern:
(a) Primary plat.
1. All major subdivisions shall obtain primary plat approval as described in § 151.18
from the Commission at a public hearing as required in this chapter.
2. Any proposed changes to an approved primary plat shall be submitted to and reviewed by the Plat Committee designee to determine if these changes are major or minor in scope. Major changes will require a new public hearing as identified in this chapter.
(b) Improvement plan. For divisions requiring public improvements, an improvement plan must be submitted to the Committee designee for review prior to any construction on the site.
1. The improvement plan must conform to the approved primary plat. Any changes to the approved primary plat shall be reviewed by the Committee designee to determine if the changes are major or minor in scope. Minor changes shall include slight movement of streets, reconfiguration of lots, renumbering of lots, increasing or reducing lot sizes or similar changes. Major changes can include increases in the number of lots or removal of street connections. Any changes considered to be major in scope shall require a new public hearing by the applicant as described in this chapter.
2. The applicant may submit an improvement plan application to the Commission designee after primary plat approval has been received. Upon receipt of a complete application, the Commission designee shall distribute the required copies of the improvement plan to the members of the Plat Committee for review. The Technical Review Committee and Commission designee shall have 30 days from date of receipt of the completed application to review the plan and act unless the applicant waives the time limitation, in writing.
3. If the improvement plan complies with requirements within this chapter and the Zoning Ordinance, then the plan shall be approved by the Commission designee. If the plan is not in compliance with the requirements of this order and the Zoning Ordinance, the plan cannot be approved until it is made to be compliant.
4. If the plat is approved with or without conditions, then the applicant may proceed with construction. If the submitted improvement plan is not approved, then the property owner, developer, or applicant may resubmit a new application or may appeal the decision before the full Plan Commission at its next available meeting.
5. Any changes made to the improvement plan shall be submitted to and reviewed by the Plat Committee designee to determine if the changes are major or minor. Major changes will require the developer to reapply under the improvement plan procedure identified in this section. Minor changes shall be submitted as an as-built plan.
(c) Secondary plat. The secondary plat shall conform to the approved improvement plan, and if desired by the applicant, it may constitute only that portion of the approved improvement plan which the applicant proposes to record and develop at the time. However, any section, phase or part shall conform to all requirements of these regulations.
1. Before any property can be recorded through the secondary plat procedure, all required public improvements must be completed and inspected and approved or a surety must be in place to guarantee the completion and approval of the improvements.
2. Secondary plat involves the recording of the subdivision.
3. Approval, approval with conditions or modifications, or disapproval shall occur within ten working days from the date of submittal of the application by the Committee designee.
4. Any public improvements as required by this chapter shall be addressed according to this chapter before the secondary plat can be approved. If the plat complies with requirements within this chapter and the Zoning Ordinance, then the plat shall be approved.
5. Upon approval by the Commission designee, the secondary plat will be filed with the Commission and an additional copy shall be forwarded to the Dearborn County Assessor and the original mylar will be hand carried to the Dearborn County Auditor's Office. The Auditor's Office will duly enter each parcel for taxation.
6. Approval of the secondary plat by the Plan Commission shall not constitute the acceptance by the appropriate legislative body of the public dedication or maintenance of any street or other facility.
7. Following installation of improvements and a request for their acceptance to the legislative unit, a maintenance bond is required to cover any final improvements still to be completed, as well as to cover the performance of the improvements for a minimum of two years.
(4) Exempt division of land review procedure. For divisions that meet the definition of an exempt division of land, the following shall govern:
(a) All exempt plats shall be entitled as such and shall be recorded with the Dearborn County Recorder's Office.
(b) No exempt subdivision may result in the creation of an additional, principal use building site.
(B) Grading plan. Due to site conditions, the Plan Commission or designee may find it necessary to submit a grading plan after approval of a primary plat and before a submittal of an improvement plan.
(1) Approval, approval with conditions, or disapproval shall occur within ten business days from the date of submittal of the completed application. Once reviewed by the Commission Staff, the Commission designee shall sign and stamp the approved copies.
(2) Following an approved grading plan, submitted in accordance with this chapter, the subdivider or applicant has one year from the date of the approved grading plan to begin and to complete the work as stated in the grading plan or the plan shall become null and void.
(C) Condominium property regime plats. Condominiums are regulated by IC 32-25 et seq. This law describes the procedures and process for creating and recording a condominium.
(D) (1) Approval of any plat by the Plan Commission or designee shall not constitute the acceptance by the appropriate legislative body of the public dedication or maintenance of any street or other facility nor shall it be acceptable by the Dearborn County Recorder for recording purposes.
(2) Acceptance of public dedication or maintenance of any street or other facility. The City Engineer or County Engineer, as the case may be, shall, upon written request by the owner of the land upon which the street has been constructed, check the construction, and if the Engineer finds that such street is in good repair and is constructed according to standards in this chapter then such finding, endorsed on the approved plat, shall constitute an acceptance of the street for public use; provided, that such street has been previously dedicated to the public.
(Ord. 2019-008, passed 5-13-19)