(A) Purpose. The division of a tract of land into four residential parcels or less may be approved as a minor subdivision one time only. The minor subdivision shall be subject to the same basic procedures as set forth in the rules of procedure. The intent of this section is to eliminate unnecessary requirements and reduce the time and effort required by major subdivision plats. However, the intent of this section is not to circumvent good subdivision practices, therefore, use of this procedure shall be limited to the creation of three new parcels after November 1,1998.
(1) Applications for minor subdivisions. An applicant shall receive approval one time on a parent tract allowing a minor residential subdivision containing no more than four residential lots, any further subdividing requires an application for zoning map amendment for the entire tract.
(2) Access. Minor subdivisions may utilize a private, shared driveway as an alternate to development of a public street.
(3) Minor plat exemptions. The following subdivisions are exempt from the requirements of this section if the Technical Advisory Committee reviews and approves the plan. If the applicant disagrees with the TAC recommendation, the petition must be presented to the APC as a minor plat.
(a) Agricultural sales. A subdivision where the resulting lots are:
1. Intended solely for agricultural uses;
2. Are at least 20 acres; and
3. Abut existing public ways.
(b) Two-lot subdivision. A subdivision resulting in only two building lots where the parent lot, tract or parcel existed prior to January 1, 1999.
(c) Adjoining transfers. A subdivision resulting in the transfer or sale of land between adjoining lot owners that does not create additional building sites.
(B) Pre-application. From the standpoint of economy of time and money, it is recommended that the subdivider consult early and informally with the Director for advice and assistance. This will enable the subdivider to become familiar with these and other regulations as they affect the area and will prevent unnecessary and costly revisions.
(C) Concept plan. The concept plan is an optional part of any application for primary plat approval of a minor residential subdivision. Its purpose is to bring the conceptual proposal before the APC or the Plat Committee as appropriate and general public for discussion. The concept plan shall be prepared in accordance with standards set forth for major subdivisions.
(D) Primary and secondary plat. Application for primary and secondary plat plans for minor subdivisions shall be in accordance with standards set forth for major subdivisions with the exception that they may be heard simultaneously by the APC or the Plat Committee as appropriate.
(E) Notice of public hearing. Once an application has met all requirements, the Director shall set a date for a public hearing before the APC or the Plat Committee as appropriate. Notice of public hearing shall be in accordance with I.C. 36-7-4-706 and with established rules of procedure. The cost of notification shall be borne by the applicant.
(F) Decision by the APC or Plat Committee as appropriate. Within 30 days after application for approval of the secondary plat, the APC or the Plat Committee as appropriate shall approve or disapprove it.
(1) Approval.
(a) If the APC or the Plat Committee as appropriate determines that the plat complies with the standards of this chapter, it shall make written findings of fact and a decision granting secondary approval to the plat.
(b) The secondary approval of a plat by the APC or the Plat Committee as appropriate shall be certified on behalf of the APC by the Chairperson of the APC or by the Chairperson of the Plat Committee as appropriate and the Director who shall affix their signatures to the plat original and all other relevant documents which also may require the signatures.
(c) Approval by the APC or the Plat Committee as appropriate shall be reported to the APC at the next public meeting.
(2) Disapproval.
(a) If the APC or the Plat Committee as appropriate disapproves the secondary plat, it shall make written findings of fact and notify the applicant in writing within ten days, stating the specific reasons for disapproval.
(b) This written notice shall be ratified by the APC and signed by the Chairperson and Director of the APC.
(3) Appeals. Appeals of decisions made by the APC or the Plat Committee as appropriate shall come before the APC for final decision and may be made by either the applicant or remonstrator in accordance with I.C. 36-7-4-708.
(Ord. 98-26, passed 12-21-1998; Am. Ord. 2003-14, passed 7-14-2003; Am. Ord. 2009-07, passed 10-19-2009)