(A) Procedure. Whenever a land owner desires to resubdivide an already approved major subdivision plat, the land owner shall first obtain approval for the resubdivision by the same procedure prescribed for the subdivision of land, with the additional requirements described below.
(B) Indications. Resubdivision is indicated when any changes having a significant impact on the existing subdivision are proposed, including, but not limited to:
(1) Any change in street circulation pattern or other significant change in a public improvement;
(2) The addition of one or more buildable lots; and
(3) Any change in the amount of land reserved for public use or the common use by lot owners.
(C) Waiver. The Plan Commission, in its sole discretion, may waive the requirement hereof. The Plan Commission, after an application for resubdivision that includes an express request for waiver, shall publish notice of the application in a local newspaper of general circulation.
(D) Application. The application for a resubdivision must be filed in accordance with the Plan Commission's rules of procedures. The proposed changes must be shown graphically and described in an attached letter. The application shall contain a list of lot owners in the subdivision. Regardless of the number of lots owned, an owner will be listed once. The application shall also include the signed consent of 75% of these listed owners to the proposed changes.
(E) Covenants. Any new lots created by a resubdivision are subject to the same covenants of the original subdivision plat.
(Ord. 1998-10, passed 8-17-1998)