This section applies to any subdivision which is deemed to be a major subdivision under the terms of this chapter.
(A) Primary approval procedure.
(1) Application. An application for primary approval of a major subdivision shall be filed at the Department on forms specified by the Department together with all required materials (see § 156.057) in accordance with filing schedule.
(2) Placement on Commission agenda. Complete applications for the primary approval will be docketed for a public hearing before the Commission. The applicant will be notified of the time and place of the meeting.
(3) Administrative review. Prior to the Commission meeting, the Department will review the concept plan. Comments on the plan may be requested by the Department from the Subdivision Review Committee and by other persons as the Department deems appropriate.
(4) Public meeting. The Commission shall review the proposed concept plan at a public meeting. Comments on the plan will be presented to the Commission by the Department. The Commission will discuss the plan and provide guidance to the applicant as to the suitability of the land for subdivision and the design and layout of proposed lots and improvements.
(5) Written record. The Commission will provide a written record to the applicant on the discussion within 45 days after the meeting(s) at which the concept plan is discussed.
(6) Commission action. The Commission shall by a motion duly made and seconded approve, deny or continue the concept plan. Approvals may be conditioned upon design changes. Any motion to continue must include guidance to the applicant as to the type(s) of information and/or changes the Commission requires in order to arrive at a decision. Any motion to deny must include the reasons for the denial. The approved concept plan shall contain the signature of the presiding officer of the Commission and shall be kept on file at the Department.
(B) Primary approval procedure.
(1) Application. After receiving the written record of the discussion of the concept plan, the applicant may request primary approval. An application for primary approval shall be filed at the Department on forms specified by the Department together with all required materials (see § 156.057) in accordance with the filing schedule.
(2) Placement on the Commission agenda. Complete applications for primary approval 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. Within 30 days after receiving the application, the Department shall announce the date of a public hearing before the Commission. At least ten days before the hearing, notice of the hearing shall be published in accordance with I.C. 5-3-1 and sent in the manner specified by the Commission’s rules of procedure 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 disapproves the subdivision, 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) Signature. If the Commission grants primary approval, two officers of the Commission shall sign the primary approval certificate.
(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 major subdivision plat deviates 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, 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 as 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, the Commission seal affixed to the final plat and the Director shall sign the improvement plans.
(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, § 8-114) (Ord. 1986-7, passed 10-21-1986; Ord. 1988-08, passed 4-25-1988; Ord. 4, 2021, passed 6-21-2021)