A subdivider desiring secondary plat approval shall submit the plat in the following procedure:
(A) The secondary plat shall be submitted to the Plan Commission for secondary approval no later than 14 days prior to the Commission meeting at which secondary consideration is desired. The submission shall include the plans and specifications for the required improvements as set forth in §§ 151.075 through 151.087. All documents shall bear the approving signature of the County Surveyor, and/or appointed officials, and the transmittal to the Plan Commission and the Common Council shall include a letter from the County Surveyor and/or appointed officials, describing the approval and setting forth an estimate to cover the cost of the proposed improvements for performance guarantee purposes.
(B) Upon review by the Plan Commission, the secondary plat shall be forwarded to the Clerk-Treasurer for submission to the Common Council with all recommendations from the Plan Commission attached. If the plat is given secondary approval by the Plan Commission, the original tracing shall bear, on the face of the plat, the signatures of either the President or Vice President or the Executive Secretary (Director) of the Plan Commission, along with the official seal of the Plan Commission, certifying secondary approval; approval shall be entered in the Commission minutes.
(C) In the event of disapproval, the Commission shall set out in the Commission minutes, and attach to a copy of the plat, the reasons for disapproval, and shall specify the aspects of nonconformance with existing ordinances and notify the subdivider of the same no later than ten days following the date of the hearing. No plat shall be forwarded to the Commissioners until it has been approved by the Commission.
(D) In instances where the subdivider proposes to construct a common sewage treatment facility or a common water supply system, or both, the Plan Commission shall not give secondary plat approval until the Indiana Department of Environmental Management gives approval to the final engineering and construction plans for the facility, and the Public Service Commission, in the instance where a common sewage treatment facility is to be constructed, has granted the subdivider or the appropriate corporation a certificate of territorial jurisdiction. Furthermore, where the subdivider proposes to construct a common sewage treatment facility and/or a common water supply system, the Plat Officer, upon receipt of the construction plans required in § 151.079, shall immediately deliver one copy of each of these plans to the County Health Officer.
(E) In the event secondary approval is denied, because of the interpretation of data supplied by the United States Department of Agriculture Soil Conservation Service, or because of the recommendation of the Indiana Department of Environmental Management, the subdivider may request in writing another hearing, at which he shall provide additional evidence attesting to the adequacy of the plat. The hearing shall be scheduled no later than 62 days after the hearing at which the original secondary plat was denied. Part of the additional evidence shall be in the form of a certification from a Professional Civil Engineer registered in the State of Indiana, obtained at the subdivider's expense, stating in effect that he, the engineer, has performed the tests and/or surveys, in the presence of a representative of, or in a manner meeting the approval of the body whose recommendations caused disapproval, necessary to determine that, in the engineer's opinion, the area in question will provide adequate public health, safety, convenience, and general welfare of present or future owners of any lots, parcels or tracts of the subdivision, providing that all improvements are installed according to the drawings submitted with the original secondary plat.
(F) The approval of the secondary plat improvements design by the Common Council shall be indicated on the original tracing of the plat; to be filed for record, by the affixing of the signatures of the Common Council. In the event of disapproval, the Common Council shall set out and attach to a copy of the plat the reasons for and specify the aspects of nonconformance with existing ordinances and notify the subdivider of the same. A copy of the plat showing the Common Council's action shall be filed in the office of the Plan Commission.
(G) The approved secondary plat shall be returned to the Clerk-Treasurer to be held until such time as the subdivider has done the following:
(1) Posted the performance guarantee as set forth in § 151.043.
(2) Presented to the Clerk-Treasurer a statement signed by the County Surveyor, Street Superintendent or County Highway Supervisor or Engineer, or authorized official stating that all utilities, facilities and improvements have been installed in accordance with all requirements and provisions of this chapter.
(3) Presented to the Clerk-Treasurer proof of deposit of funds with an approved lender, such as the Veterans Administration or Federal Housing Authority in an amount to guarantee installation and completion of all improvements.
(4) Presented to the Clerk-Treasurer proof of the execution of contracts with contractors, acceptable to the Board, providing for the construction and completion of the improvements as prescribed by this chapter or any other state or federal ordinances, within a reasonable time from date thereof, the completion date to be specified on the contracts.
(5) Upon the compliance of the above requirements, the Clerk-Treasurer shall release to the subdivider or his agent the approved secondary plat.
(Ord. 466, § 4-6-1, passed 5-11-98)