(A) Submission dates. Applications must be filed according to the schedule of meetings and filing deadlines and in the format specified by the Department.
(B) Application requirements. Following the sketch plan review, the applicant files: (1) an application provided on forms provided by the Department; (2) a primary plat; (3) all applicable fees; and (4) supplemental information required by the application or Administrator.
(C) Compliance. Primary plats must be substantially similar to the sketch plan as reviewed.
(D) Phasing. A primary plat may include all or only a part of a larger overall development. However, a primary plat must include the entire parent tract being subdivided unless otherwise deemed unnecessary by the Administrator or Plan Commission. This requirement seeks to avoid the creation of remainder parcels not complying with this chapter or inhibiting orderly development.
(E) Placement on the Plan Commission agenda. The Administrator reviews the application for completeness. Applications determined to be in proper form are numbered and docketed for a public hearing by the Plan Commission.
(F) Review of complete applications. The Technical Advisory Committee may review any primary plat prior to the Plan Commission's consideration. The Administrator may submit a written report to the Plan Commission stating facts concerning the characteristics of the area involved in the primary plat, surrounding land uses, public facilities available to service the area, or other pertinent facts. The report may also contain the Administrator's opinions concerning the primary plat proposal and a report from members of the Technical Advisory Committee. A copy of the report is made available to the applicant and the public.
(G) Preliminary drainage approval. Before the public hearing, the applicant is encouraged to obtain preliminary approval from the Storm Water Utility Board. If preliminary drainage approval has not been secured prior to the public hearing, the Plan Commission may condition approval of the plat on obtaining drainage approval from the Storm Water Utility Board.
(H) Public hearing notice. A public hearing by the Plan Commission is required for all primary plats. Notification of the public hearing must comply with the Plan Commission's Rules of Procedure. A certificate of mailing issued by the U.S. Postal Service is evidence notice has been given. A date stamped photograph of the public notice sign at the subject property also constitutes evidence of notice.
(I) Public hearing and Plan Commission action. The Plan Commission will hold the public hearing and review the application and supporting information and act on the application according to this chapter, Indiana law, and the Plan Commission's Rules of Procedure.
(J) Written commitments. The Plan Commission or Administrator may require the applicant to prepare written commitments concerning the primary plat prior to formal action on the application. If written commitments are part of the primary plat approval, they must be recorded in the office of the Johnson County Recorder within 90 days of primary plat approval. A copy of the recorded commitments must be provided to the Department within 30 days of being recorded.
(K) Effect of approval. Approval of a primary plat does not authorize the development, construction, alteration or moving of any structure. The approval allows the filing and processing of applications for approvals, such as a secondary plat, detailed site plan, improvement location permit, building permit, or certificate of occupancy.
(L) Effective period of primary approval. Unless extended, the approval of a primary plat is valid for a period of three years. At the end of this time, primary approval is null and void, and the applicant is required to resubmit a new application beginning with sketch plan review and subject to all the zoning restrictions and subdivision regulations in effect at the time of resubmission. Prior to the expiration of the approval period, the applicant may submit a written request to extend the approval period. The Plan Commission may extend the approval of a primary plat in increments of up to 12 months beyond an expiration date without further notice and public hearing.
(Ord. 2022-17, passed 7-19-2022)