(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)