(A) Subdivisions and replats classified as minor subdivisions may be considered under the provisions of this section. Minor subdivisions require primary approval by the Plat Committee and secondary approval by the Administrator.
(B) The Administrator may require approval for a minor subdivision according to the major subdivision procedure specified in original § 153.037, if he or she deems it necessary for proper review.
(1) Minor subdivision primary approval procedure shall be as follows.
(b) Complete applications as determined by the Administrator will be docketed before the Plat Committee. The subdivider will be notified of the time and place of the meeting.
(c) Prior to the meeting, the Administrator shall review the application for compliance with this chapter for report to the committee. The Administrator will also forward copies of the plat to all Technical Review Committee members as established by Department Rules for comment prior to the committee meeting.
(d) The Plat Committee or Technical Review Committee may visit the site any time during the review process.
(e) The Plat Committee is not required to have a public hearing on minor subdivisions. However, the committee, after review of an application, may call for a public hearing. In this case, notice of the hearing must be advertised according to I.C. 5-3-1
and notice of the hearing must be given to interested parties according to Department rules.
(f) After review, the Plat Committee shall make a decision regarding the application. The Plat Committee shall make findings of fact as to the compliance of the subdivision request with the terms of this chapter. The Plat Committee may approve, approve with conditions, or deny the request. If the committee denies the request, it shall make written findings that set forth its reasons.
(g) The Plat Committee is not authorized to grant modifications to the terms of this chapter, as established by original § 153.115.
(h) If the Plat Committee grants primary approval, the Administrator shall sign the primary approval certificate.
(i) The Administrator shall provide the subdivider a written notice of the action of the Plat Committee.
(j) Pursuant to I.C. 36-7-4-701
, the Administrator shall provide notice to interested parties a defined in Department Rules of their right to appeal the Plat Committee’s decision to the Plan Commission.
(k) The subdivider or interested parties may appeal the decision of the Plat Committee to the Plan Commission within ten days after the written notice is mailed. Notice shall be given and a hearing held by the Plan Commission in the same manner as in the case of the Plat Committee. The Plan Commission has the same power as the Committee to approve, disapprove, or impose conditions on the approval of the plat.
(2) Primary approval shall be valid for 120 days, unless an extension is granted by the Plat Committee, or unless the Plat Committee allows the plat to be filed in phases for secondary approval. In this case, the Plat Committee shall specify reasonable expiration dates for each phase.
(3) If secondary approval is not granted before the specified expiration, or expirations, for any phase, primary approval shall be null and void for any or all remaining phases of the primary plat which has not received secondary approval to that time. The Plat Committee may reasonably extend the expiration date(s) upon request by the subdivider.
(4) Minor subdivision secondary approval procedure shall be as follows.
(a) After all conditions of primary approval have been met, the subdivider may request secondary approval from the Administrator for all of, or a phase of, the primary plat.
(b) All requests for secondary approval shall be accompanied by the materials listed in § 153.064 and filed in a manner specified by Department Rules.
(c) After the Administrator has determined that the minor subdivision complies with the criteria for the subdivision, the Administrator shall sign the plat.
(d) There is no minimum time limit between which primary and secondary approval may be granted to a minor plat as long as all requirements are met and the appeal time period specified in this section has expired.
(e) Secondary approval shall be valid for a period of one year from the date of such approval. If the subdivision is not recorded before the expiration of one year, it shall become null and void.
(f) Within 14 days after the plat is recorded, the subdivider shall provide the County Recorder a black line on white paper photographic reproduction of the plat which is no more than 18 inches by 12 inches in size for inclusion in the official record books.
(Prior Code, § 152.035) (Ord. 87, passed 4-18-1988)