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(A) Generally. In order to make the most of the opportunities related to the subdivision and to conserve time, effort and expense, the owner or subdivider should consult with the Commission, the Engineer and other public officials prior to the preparation of the tentative plan of the subdivision. The master plan should be reviewed to determine how the proposed plan will be coordinated with the master plan with particular attention given to matters enumerated in IC 36-7-4-700 et seq.
(B) Basic standards. The owner or developer shall determine that their subdivision provides for the following:
(1) Coordination of subdivision streets with existing and planned streets or highways;
(2) Coordination with and extension of facilities included in the master plan;
(3) Establishment of minimum width, depth and area of lots within the projected subdivision as set forth in zoning regulations;
(4) Distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience and the harmonious development of the city and county;
(5) Appropriate alterations of areas for streets, parks, schools, public and semi-public buildings, homes, utilities, business and industry as outlined by the master plan;
(6) All subdivision proposals shall be consistent with the need to minimize flood damage; all subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed so as to minimize flood damage; all subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(C) Compliance with design criteria. The developer shall also determine that their subdivision meets the design criteria required by the commission, including the manner in which streets shall be laid out, graded and improved, and that they have made the required or adequate provisions for water, sewage, other utility service, schools, essential municipal services and recreation facilities.
(D) Access; flooding; drainage. No land shall be approved for a subdivision unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the subdivider. No such approach will be given for land which is subject to periodic flooding, lies below the designated flood-crest elevation level or is otherwise considered by the Commission to be unsuitable for urban development by reason of improper drainage, objectionable earth and rock formation, steep slopes or any other feature harmful to the health and safety of residents or the community as a whole.
(E) Encroachments. In all areas of special flood hazard in which base flood elevation data has been provided, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one tenth of a foot at any point.
(F) All applicable provisions of §§ 152.265 et seq. of the Zoning Code for the city, pertaining to flood control, shall be complied with by the owner or developer.
('74 Code, § 14-3) (Ord. passed 11-25-67; Am. Ord. 1979-2, passed 1- 22-79; Am. Ord. 2019-008, passed 5-13-19) Penalty, see § 10.99
(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)
Administrative divisions of land, or certified surveys, are intended to graphically represent the information of a boundary survey of property that is to be subdivided. The plat shall conform to the following requirements, as well as those set forth in 865 IAC 1-12, commonly known as “Indiana Rule 12":
(A) Date, north arrow, and standard engineering scale not less than one inch equals 200 feet, unless approved by the Commission designee. Plats shall be at a minimum size of 18" x 24" on mylar drawn in ink. The font size shall be no less than .08 of an inch, for any text on the survey. The title of each survey must also be conspicuous on either the top of the page or in the title block and must contain a clear reference to acknowledge the type of survey that has been created (e.g., original survey, retracement survey—including whether the retracement is a combination survey, or consolidation survey);
(B) Name, address, telephone number and seal of the Indiana Registered Land Surveyor responsible for the survey plat and the land surveyor's certificate (see § 151.03
(A)(1));
(C) Boundary of the parcel and subdivision of that parcel, including bearings and distances of each tangent course, and all necessary data for curve courses. The traverse that the boundary is depended on shall meet the minimum standards for Indiana, and if requested by the Commission designee, closure documentation shall be submitted in addition to the plat;
(D) Area in acres of the parent parcel and each subdivision of the parcel. If a parcel falls in two different townships, sections, or quarter sections, separate acreages shall be listed;
(E) Location, width, and names of public or private road rights-of-way that adjoin the boundary, and whether the road is maintained or abandoned. For situations where the rights-of-way are unknown or cannot be readily sourced through a prior survey or deed, the approximate width of pavement must be provided along the frontage(s) of the affected property;
(F) Encroachments discovered in the course of the survey;
(G) Names of adjacent property owners, deed record and page number, and recorded subdivisions with section or phase number;
(1) Instrument numbers may be supplied for any parcels established after 2000.
(2) For the purposes of this section, ADJACENT PROPERTY OWNERS shall include anyone who owns land that is contiguous to a subject property as well as anyone who owns land that is directly across the road right(s)-of-way—if property lines are/were projected to the center of the adjacent road right-of-way.
(H) Vicinity map with an accurate scale, at a township level;
(I) Statement by the applicant as to whether the transfer will be used, or is being used, for building or non-building purposes, and label this with bold letters on the parcel;
(J) A description of the size, character, and location—including the location relative to the surface of the ground—of all monuments, with notations indicating which were found and which were set;
(K) Current zoning of the subject property;
(L) The property parcel map number that the new lot is being divided from;
(M) Existing structures and distances to the newly established property lines;
(N) (1) Label and show the boundaries of any cemetery if it exists on the site—or is situated within 100 feet of the affected property.
(2) The following statement shall also be added where cemeteries are noted: "Cemeteries subject to the requirements set forth in IC 14-21-1 et seq."
(O) Label and show the boundaries of any flood zones on the subject property which have been identified as being within a floodway, 100-year or 500-year floodplain(s), if any exist on the site. The current, applicable flood panel must also be referenced;
(P) Show utility, drainage, and any other known easements (where applicable) and road frontage;
(Q) Variances and/or covenants if applicable;
(R) Reference to source of title;
(S) Reference to Section, Township, Range and Political Township;
(U) For subdivisions that involve a connection to public sewer, the following statement shall appear on the plat: "This land division will be served with public sewer by the (insert sewer provider name here).”
(V) Sight distance statement.
(1) For subdivisions that are intended to be developed immediately, a sight distance study shall be performed. Existing access points should also have the following notes but may not be required to meet the sight distance requirements. A waiver can be granted if a documented sight distance study has been previously performed by the Commission Designee. The location of the future access point shall be indicated on the plat with the following statements:
(a) "The recording of this plat provides no guarantee that the designated location for the access point will receive sight distance approval from the City of Aurora Plan Commission."
(b) On ____ Day of __________, 200_ there are _______ feet of sight distance in the (easterly, westerly, northerly, southerly) direction and _______ feet of sight distance in the opposite (easterly, westerly, northerly, southerly) direction measured to meet the minimum sight distance requirements of the City of Aurora Zoning Ordinance.
(2) If the subdivision is not intended to be developed immediately, or a sight distance study has not been performed, the following statements shall appear on the plat:
(a) 1. “Upon visual inspection, there are approximately ______ feet of sight distance in the (easterly, westerly, northerly, southerly) direction and approximately _______ feet of sight distance in the opposite (easterly, westerly, northerly, southerly) direction.”
2. If multiple sections of sight distance exist, each section must be denoted on the plat.
(b) “At the time of this plat, a sight distance study has not been performed. A sight distance study will have to be performed by an Indiana registered Professional Engineer or Land Surveyor in accordance with the Major Plot Plan Review process prior to construction of new access points. The approval of this plat provides no guarantee that this parcel will meet the minimum sight distance requirements established by the City of Aurora Plan Commission.”
(W) A surveyor's report and legal description of the property;
(X) When a parcel adjoins an existing public street, a minimum width of one half the right-of-way shall be required in the form of an easement and shown on the plat along the entire lot frontage(s) as detailed in § 151.35
.
(Y) The following statement shall also appear on the plat: "This plat shall be void if not recorded within three months of the survey certification date, as stipulated in Indiana Rule 12."
(Ord. 2019-008, passed 5-13-19)
(A) Intent. The Primary Plat is intended to be a conceptual layout of the proposed subdivision and not a construction level detail review.
(B) Procedure. The following procedure shall be required and govern primary plat approval.
(1) An informal pre-application meeting with the Committee Designee to review the proposed subdivision development prior to submittal of an application. The purpose is to allow for an explanation of the subdivision process and to review the proposed development with the applicant;
(2) File a completed application with the Commission which application will be prescribed by its designee;
(3) Within 30 days after receiving a complete application, the Committee designee shall schedule a public hearing as described in this section;
(4) Prior to the Commission's public hearing on the application, the Committee designee and the Committee shall review the submitted primary plat for compliance 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.
(C) Public hearing process. After scheduling a public hearing as specified in the previous division (B), the Commission shall provide notification of the public hearing as follows:
(1) (a) Notice of the hearing shall be given by the Commission or their designee (postmarked and mailed) at least ten days in advance of the public hearing to the applicant and the owners of all property adjoining the property of the proposed subdivision. The applicant proposing the subdivision shall furnish to the staff the names and addresses of the owners of all adjoining property. The Dearborn County Assessor's Office may be relied upon to determine the identity for all adjoining property owners. In the cases where the subdivision abuts or includes a county line, notice shall be given to properties at least 660 feet from the county line or property line into the neighboring county. The notice shall state, at a minimum, the time, place and purpose of the hearing.
(b) Notice of the public hearing shall be published in a newspaper of general circulation at least ten days prior to the hearing. Said published notice shall state, at a minimum, the time, place and purpose of the hearing.
(2) The Commission shall take the following action on the applicant's request after the public hearing:
(a) If, after the public hearing, the Commission determines that the application and primary plat comply with the standards in this chapter, the Commission shall make written findings and a decision granting primary approval to the primary plat. Reasonable conditions may be imposed to the approval of the plat that are supported by the requirements of this chapter.
(b) If, after the public hearing, the Commission denies the primary plat, it shall make written findings that set forth its reasons and a decision denying primary approval and shall provide the applicant with a copy of such findings.
(c) The Commission meeting minutes shall serve as the written findings of fact in support of its decision on the primary plat. After the minutes are approved by the Commission, the minutes shall serve as his or her confirmation of the Commission's official action on the applicant's request. If the applicant requests written notification of the decision prior to the adoption of the official minutes of their application, the Planning Commission or their designee shall upon request by the applicant provide this written notification.
(d) If approved by the Commission, their designee shall stamp and sign the primary plat according to the final action taken by the Commission and provide a copy to the applicant.
(3) The Plan Commission's approval of a primary plat shall not constitute approval of improvement plan or secondary plat unless otherwise stated within this chapter.
(D) The primary plat shall meet the minimum acceptable design standards and the general applicable regulations for the construction of public improvements as set forth in this chapter and the City of Aurora Zoning Ordinance. In addition to the requirements of the preceding sentence, the primary plat shall contain the following information:
(1) The proposed subdivision plat shall be drawn to a scale of not less than one inch equals 100 feet unless the Commission designee approves another scale. The submitted drawing shall be on a 24" x 36" paper size. A graphic or written scale shall be noted on the plat along with the date of the plat and north arrow. All multiple sheet plans shall be stapled together to form plan sets.
(2) The proposed subdivision name, the names and addresses of the owner and developer, and the name, address, and seal of an Indiana Professional Engineer, or Registered Land Surveyor responsible for designing the plat. In no case shall the name of a proposed subdivision duplicate or be similar to an existing subdivision in the City of Aurora unless it is an extension or expansion of an existing subdivision unless approved by the Commission designee;
(3) A vicinity map showing the proposed location of the subdivision by township and section and in relation to major or minor roads in the area. The vicinity map shall have an approximate scale;
(4) All proposed uses including the type of housing (e.g. single-family attached or detached, townhouses, duplexes, etc.) or other uses in the subdivision and any public dedication or reservation of land;
(5) Label all open space and common areas;
(6) Acreage of land to be subdivided, the total number of lots, and if applicable, the approximate number of acres of open space or other public uses;
(7) Existing contours with intervals of not more than ten feet to reflect the current topography of the proposed subdivision with elevations based on mean sea level (U.S.G.S. Datum). Also, the current elevations on adjoining streets or roads shall be required to determine proper access management;
(8) If any type of fence, brick wall, or earthen berm is being proposed to screen the proposed subdivision from a street or adjoining land use, it shall be noted on the primary plat. Details such as height and type of screen shall be indicated on the primary plat. Identify all landscaped areas within a public street right-of-way along with maintenance of such features. If landscaped islands are proposed, drainage facilities are required;
(9) Boundary lines of the land to be subdivided shall be shown in heavy solid lines, including lengths and bearings. The following existing features within 100 feet of the proposed subdivision boundary shall be indicated, as referenced either from scaled aerial photography or orthophotography, or as referenced from field observations: all existing buildings, cemeteries, historical landmarks or features, water courses, railroads, bridges, all private/public utility facilities and easements. In addition, the present zoning classification, both on the land to be subdivided and on the adjoining land, and the names of adjoining property owners and adjacent subdivisions within 100 feet of the subdivision boundary. If the proposed subdivision is an additional section of an existing subdivision, the plat shall show the numbering of all adjoining sections and lots;
(10) Information pertaining to proposed and existing public/private utility layouts (e.g., storm and sanitary sewer, water, gas, telephone, electric, cable, etc.) based upon existing service lines. If applicable, the location of all detention/retention structures. The primary utility layout for the subdivision shall define the location and direction of flow of each stormwater and sanitary sewer, and the location of each water line. Telephone, electrical, and cable service should be noted as being installed underground or overhead;
(11) A letter from all utility providers indicating the availability of service for the proposed subdivision;
(12) Names, locations, widths, lengths, grades and curves of proposed streets pursuant to street design herein. The applicant shall state whether the proposed streets will be public or private. Also, any existing easements shall be shown along with other open spaces or reservation of land. Lots shall be numbered and the lot sizes (in acres) shall be noted on the plat. The minimum building lines shall be denoted on the plat. In no case shall the name of a proposed street duplicate or be similar to an existing street in the city unless it is an extension or expansion of existing street;
(13) Approximate boundaries of 100-year flood plain using the flood insurance rate maps and floodway maps for Dearborn County. Properties located within the floodplain shall provide written documentation from the Indiana Department of Natural Resources regarding the Flood Protection Grade and the location of the floodway (see Chapter 152 of this code of ordinances). The plat shall show all flood-prone areas and a sketch map using the current U.S. Geological Survey data to demonstrate the drainage basins upstream and downstream from the development;
(14) Reference to the existing soil types of the site or proposed subdivision. The location and identification of soil types can be found in the Soil Survey of Dearborn and Ohio Counties, Indiana produced by the USDA. If other data is used it shall be certified by a professional engineer licensed in Indiana. The soil types shall be listed on the primary plat in order to determine any potential environmental impact as a result of building or public improvement construction on each soil type;
(15) The phasing proposed and estimated time needed to reach build-out of the subdivision.
(E) Expiration of Primary Plat. The approval of the primary plat shall be in effect for two years from the date of the Commission's approval unless an improvement plan for at least one section of the subdivision is submitted for review and approval. As each section of a subdivision is approved and developed, the approval of the primary plat will be extended for a two-year period beyond each approved section. A one year extension of the approval of a primary plat is possible through an application to the Planning Commission or its designee.
(Ord. 2019-008, passed 5-13-19)
(A) During the primary plat review of a major subdivision, a subdivider may present a phasing or sectionalizing plan. If a phasing plan is submitted, the build-out of the subdivision must be identified on the primary plat drawing and accompanying materials. As a part of this process, the Plan Commission can require that certain improvements be completed within or by a certain phase of the subdivision's development. For example, road termini, utility improvements, or neighborhood or community amenities may be required within the early phases of the subdivision.
(B) Additional financial guarantee may be required for subdivisions developed in phases to ensure that public improvements are connected as shown in the approved primary plat or financial guarantee may be required to remain in place until all sections of the subdivision are completed. For example, prior to the development of a new phase or section, a maintenance guarantee may be required to ensure the satisfactory condition of the required improvements from earlier sections of the affected subdivision—or adjacent development. Financial guarantees must also be consolidated if different phases or sections are owned or controlled by the same subdivider.
(Ord. 2019-008, passed 5-13-19)
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