The following procedures shall be applicable to the filing and review of all petitions for plat approval under the jurisdiction of the Plan Commission.
(A) Who may file. Subdivision plats may be initiated by a petition signed by all of the owner(s) of the land subject to the petition.
(1) A duly appointed agent or representative may sign a petition on behalf of the owner of the parcel. Any authorization to sign the petition or otherwise act on the owner’s behalf with respect to any petition before the Plan Commission shall be in writing, signed by the owner and submitted at the time of filing the petition.
(2) For purposes of these rules,
OWNER is defined to include:
(a) The person(s) who holds either fee simple title to the property or is a life tenant as disclosed in the most recent records of the County Auditor; or
(b) A long-term lessee (but only if the lease is recorded among the records of the County Recorder and has at least 25 years remaining before its expiration date at the time of filing the petition).
(B) Filing required prior to hearing.
(1) All petitions for primary plat approval must be filed at least 30 days prior to the initial hearing at which they are to be considered.
(2) All plats for which secondary approval is being requested must be filed at least by 12:00 p.m., 28 days prior to a regularly scheduled public hearing of the Plan Commission (except for secondary approvals of minor plats, which may be filed with staff at any time by prior appointment).
(C) Filing on Plan Commission’s forms required.
(1) (a) All primary plat petitions filed with the Plan Commission shall be made on forms prescribed and approved by the Plan Commission and shall include the petition, 18 copies of folded paper prints, the proposed text of a legal notice, appropriate filing fees and all other materials and information required by or specified on the forms and in §§ 152.15 et seq.
(b) All secondary plats filed with the Plan Commission shall include: 16 copies of folded paper prints for a major subdivision or 7 copies of folded paper prints for a minor subdivision, and all other materials and information required by the Plan Commission as a condition of primary plat approval.
(2) Any communication purporting to be a petition, not on forms prescribed and approved by the Plan Commission or not containing the information called for on the forms, shall be regarded as mere notice of intention to petition and shall be of no force or effect until it is filed in the form required and containing all required information.
(D) Specifying of request required. Any waiver(s) of this chapter must be specified by the petitioner in the primary plat application as described in this chapter.
(Ord. 1999-2 §1.9, passed 2-9-1999)