(A) Primary approval procedure for minor subdivisions before the Plat Committee. The Plan Commission hereby establishes a Plat Committee to review and decide petitions for minor subdivisions.
(1) Application and fees. The application and supporting materials shall be filed with the Planning Department. The fee, as set by the Commission, shall be paid at the time of the filing.
(2) Review. The committee shall review the plat for compliance with this chapter.
(3) Action. Action by the Committee shall be by a majority vote.
(4) Public notification. Approval may be granted by the Plat Committee without public notice and hearing. Within ten days after approval, staff shall provide due notice by mail to adjacent property owners and the petitioners. The notice shall include a notification of the right to appeal the Committee’s decision.
(5) Comment period. A notice of appeal must be filed with the Plan Department within ten days after a copy of the notice is mailed.
(7) Approval certificate. The Chairperson and Secretary of the Plat Committee are authorized to sign the approval plat.
(B) Primary approval procedure for minor subdivisions before the Plan Commission.
(2) Placement on the Commission agenda. Complete applications will be docketed for a public hearing before the Commission. The applicant will be notified of the time and place of the hearing.
(3) Administrative review. Prior to the meeting, the Department and the Subdivision Review Committee will review the application for compliance with this chapter. The Department will send a copy of its written analysis of the proposal to the Commission and applicant prior to the public hearing.
(4) Field trip. The Commission and its representatives, at its discretion, may visit the site any time during the review process.
(5) Public hearing notification. The Commission shall hold a public hearing on the primary approval of the minor subdivision. At least ten days before the hearing, notice of the hearing shall be in the local newspaper of general circulation and sent by certified mail to interested property owners as defined by this chapter.
(6) Public hearing. At the public hearing, the request will be presented, and all those present will be given an opportunity to be heard regarding the proposal. The hearing may, at the discretion of the Commission, be continued to another date. Additional notice of a continued hearing is not required, but may be requested by the Commission.
(7) Decision by Commission. After the public hearing has been concluded, the Commission will make a decision regarding the application. The Commission shall make findings of fact as to the compliance of the subdivision request with the terms of this chapter. The Commission may approve, approve with conditions or deny the request. If the Commission denies the request, it shall make written findings that set forth its reasons. The decision shall be signed by the Director of the Department and the Department shall provide the applicant with a copy.
(8) Signing. If the Commission grants primary approval, two officers of the Commission shall sign the primary approval certificate.
(9) Written record. The Department will provide the applicant a written record of the findings of the Commission.
(C) Secondary approval procedure.
(1) Application. After all conditions of primary approval have been met, the applicant may request secondary approval. An application for secondary approval shall be filed at the Department on forms specified by the Department together with any supporting documents required by the Department to provide sufficient evidence that all conditions of primary approval have been met.
(2) Determination of conformance. The Department will review the request for secondary approval and make a timely determination on its compliance with the primary approval and conditions.
(3) Changes after primary approval. If a subdivision plat deviates in any way, except for corrective details from the one receiving primary approval with the approved conditions, the subdivision will not receive secondary approval. Any changes in the approved plans must be submitted to the Commission or Plat Committee, unless the changes qualify for administrative approval under the definition of “administrative subdivision”.
(4) County Commissioners’ approval. Subdivisions involving public improvements or dedication of land to the public require action by the Board. The improvements must be installed in accordance with the approved plans or guarantees of performance specified in §§ 156.205 through 156.223 must be provided before the Board signs the final plat. The Department will place the subdivision on the Board agenda when the improvements are completed or performance guarantees provided.
(5) Signature and seal. After the Department has determined that the final plat complies with the conditions of approval of the Commission and the Board has accepted any public dedications, improvements and/or guarantees of performance, secondary approval shall be given by the official designated in § 156.213 and the Commission seal affixed to the final plat.
(6) Recording. The final plat must be recorded in the County Recorder’s office prior to the expiration date or it will be null and void.
(Prior Code, § 8-113) (Ord. 1986-7, passed 10-21-1986; Ord. 1994-02, passed 1-24-1994)