(A) Preliminary approval.
(1) A person desiring the approval of a plat or replat of land for a major subdivision shall submit to the Executive Director a written application for approval, the completed preliminary checklist and fees hereinafter provided. The plat shall include, but not be limited to, the provisions listed below. The preliminary plat shall be presented to the Subdivision Review Committee for technical review and recommendations.
(2) An application for preliminary approval of a major subdivision shall require the following data:
(a) Name of subdivision and legal boundary description;
(b) Location map of subdivision, north point and scale;
(c) Boundaries of the tract with accurate dimensions and bearings, as determined by an accurate survey, conforming with 865 I.A.C. 1-12, in the field which has been balanced and closed, as well as physically located by monumentation;
(d) Location and description of all monuments with references by distance and bearings to both quarter section corners, section corners, grant corners or recorded subdivision corners;
(e) Length of lot lines, minimum width, depth and area of all lots;
(f) All lots numbered or lettered and all roads labeled with appropriate names;
(g) Public way widths, width of ingress and egress, maximum grades, approximate curves, co-ordination of subdivision public ways with current and planned public ways within the subdivision, and utility easements. No buildings, structures, fences, shrubs or trees shall be placed in the public right-of-way without prior written review and approval by the appropriate agency;
(h) Roads and alleys adjacent to the new subdivisions with their names;
(i) Building setback of front yard lines and side yard lines for corner lots;
(j) Thoroughfare setback lines, if applicable;
(k) Contours shown at vertical intervals of two feet if the general slope of the site is less than 2%, and at vertical intervals of five feet if the general slope is greater than 2%, as taken from available county, state or federal maps;
(l) One hundred-year flood contour line from the flood insurance rate map (FIRM) and the limits of the floodway as may be appropriate;
(m) Existing water, sewer and other municipal services, if applicable;
(n) Name of developer and/or owner and land surveyor and/or engineer;
(o) Zoning classification of subject property and of abutting property;
(p) Names and addresses of abutting property owners;
(q) Any existing buildings and their placement on the lots;
(r) Copy of proposed plat submitted to County Health Department, State Department of Health or State Department of Environmental Management;
(s) Location of all property that is dedicated for public use and all property that may be reserved by covenant for the common use of the property owners in the subdivision; and
(t) On the final plat, natural drainage easements designated with a statement that no building, structure, fence, shrub or tree shall be placed in easements. Legal drain designated, if applicable.
(3) The subdivider may be permitted to revise the preliminary plat to conform to agreed upon recommendations of the Review Committee prior to the hearing before the Plan Commission if the Plan Commission Executive Director is given 45 days to review before the public hearing.
(4) All subdivision plat applications must be accompanied by six full sized sets of plats on either 18 inches by 24 inches or 24 inches by 36 inches paper and by 15 copies of reduced sized plats on 11 inches by 17 inches paper for both preliminary and final plat approvals. The full sized sets shall be distributed as follows: four to the Planning Director who will distribute copies to the County Engineer and County Surveyor, one to the County Drainage Board and one to the sewer company or County Health Department.
(B) Fee schedule.
(1) At the time of filing his or her application for subdivision approval, the subdivider shall pay to the Plan Commission the fee provided for in this section.
(2) Filing fees: filing fees for applications for major or minor subdivisions and major or minor subdivision replattings shall be charged in accordance with a fee schedule as may be established by the Plan Commission.
(3) Legal advertising: the cost of any advertisement or legal notice shall be paid for by the subdivider.
(C) Notice. The provisions of I.C. 36-7-4-706, as amended, requiring a specific method of notice or other procedure shall at all times be adhered to and/or incorporated herein.
(D) Hearing before Plan Commission (preliminary approval).
(1) The preliminary plat shall be presented at a public hearing of the Plan Commission.
(2) If, after the hearing, the Plan Commission determines that the application and plat comply with the standards in the subdivision control ordinance, it shall make written findings and decision granting preliminary approval to the plat signed by the presiding member of the Plan Commission or the delegated authority.
(3) If, after the hearing, the Plan Commission disapproves the plat, it shall make written findings, within ten days, that set forth its reasons and a decision denying preliminary approval, and shall provide the subdivider with a copy signed by the presiding member of the Plan Commission or the delegated authority.
(4) The Plan Commission or its Executive Director may not impose any additional terms, conditions or commitments after preliminary approval is given.
(E) Notice.
(1) In addition to all other notices as required by this chapter or state law, notice of all hearings on preliminary subdivision plat applications, variance requests which seek a variance from any provision of the subdivision control ordinance, special uses and special exceptions shall be posted in a conspicuous place on the subject property along all road frontage of the subject property at least every 500 feet at least ten days prior to the date of the hearing. Such signs shall be no smaller than two feet in height and four feet in width and shall bear lettering large and bold enough to be read from the road frontage. Each such notice shall state as a minimum: “The owner of this property has made a request before [choose one: the County Plan Commission or the County Board of Zoning Appeals] to [choose one: subdivide the property, grant a use variance, grant a developmental standard variance, grant a special use or grant a special exception]. A public hearing will be held on the request at Room 308, County Building, 501 East Court Avenue, Jeffersonville, Indiana, on the _______ day of __________ 20____, at _____ o’clock __.m.”
(2) All such signs shall be removed within ten days following final action.
(F) Final approval.
(1) The Plan Commission may grant final approval of a plat or replat under this chapter.
(2) No notice and hearing are required for final approval.
(3) The purpose of final approval is to insure that the plat reflects all terms, conditions and commitments given by the subdivider or required by the Plan Commission at the hearing on preliminary approval and that the plat complies with this chapter.
(4) A final plat of subdivision may not be recorded in the office of the County Recorder, unless it is classified as unconditional final plat approval under this chapter and signed and certified by the presiding officer of the Plan Commission attested to by the Executive Director of the Plan Commission and also the County Engineer or County Surveyor.
(5) The Plan Commission may not grant conditional or unconditional final plat approval until construction plans for all public improvements have been prepared by the subdivider’s engineer and/or surveyor and recommended for approval by the County Engineer or County Surveyor and other agencies required by law or ordinance as being in technical compliance with this chapter and in accordance with said other laws and ordinances.
(6) Conditional final plat approval may be granted by the Plan Commission upon submission of the proposed final plat and construction plans in the technical form and in the manner required by this chapter and with the payment of all required fees. A final plat receiving conditional final approval shall not be signed by the County Engineer or County Surveyor nor recorded with the County Recorder and become an unconditional final plat until: the basic improvements and installations (except final asphalt coat on roads) have been confirmed in a letter by the County Engineer as fully complied with and satisfactorily completed, installed and/or constructed, including roads, curbs, gutters, drainage facilities, electric lines, sewer lines (where available), water lines, fire hydrants, any and all other utilities as required by this chapter or any other ordinance of the county, and everything else set forth in the conditional final plat, the construction drawings, the drainage plans, and the erosion plans; and the subdivider has paid cash funds to the county in an amount equal to an acceptable bid amount to complete the final asphalt coat to all roads in the subdivision in accordance with the standards set forth in this chapter; and the plat is signed by the County Engineer or County Surveyor.
(7) Unconditional final plat approval may not be initially granted to a plat for a subdivision unless one of the following occurs: the subdivider provides:
(a) Contracts or written evidence of contracts with utility companies that electric, water and sewer utilities (where available) will be provided to the subdivision;
(b) An executed performance and escrow agreement in the form created by the Plan Commission Attorney; and
(c) 1. Payment of cash escrow to the county in the amount required herein to insure completion of the subdivision in accordance with the performance and escrow agreement, the approved preliminary plat, the construction drawings, the drainage plans and the erosion plans, and, when applicable, the approved planned unit development plats and drawings. Such cash escrow shall:
a. Be payable to the county in an amount set by the Plan Commission sufficient to complete the improvements and installations in compliance with this chapter;
b. Be in a sum which is at least 120% of the amount estimated to complete the roads, drainage structures and all other work or improvements to the subdivision required by this section or the above referenced subdivision documents. The estimate for such work shall be supplied by the subdivider to the County Engineer with a detailed itemization acceptable to the County Engineer showing the estimated cost of construction for each component of the construction; and
c. Be in the form of immediately available United States cash funds. Bank letters of credit and bonds are unacceptable to serve as cash escrow.
2. The County Engineer, with the approval of the County Commissioners, may release a portion of the cash escrow to the subdivider after satisfactory completion of a part of the improvements and installations of the subdivision in an amount approved by the Commissioners. Any such release shall occur no more frequently than monthly.
(8) Any money received by the county from escrow or otherwise shall be used only for making the required improvements and installations for which the escrow or other surety was provided in the event the subdivider defaults under a performance agreement (or performance and escrow agreement). This money may be used for these purposes without appropriation. The improvements or installations must conform to the standards provided for such improvements or installations by the county as well as this chapter.
(9) (a) A person desiring the final approval of a plat or replat of land for subdivision shall submit to the Plan Commission the plat of the proposed subdivision with the required certificates attached.
(b) The following certificates shall be affixed to the plat before recording:
CERTIFICATES:
a. By the registered land surveyor to the effect that the plat represents a survey made by him or her on _ and recorded in ___ that all monuments shown thereon exist or will be set, and that their locations are as shown or will be as shown.
b. By the subdivider(s)/applicant(s) and/or any other owner(s) of record, a notarized statement that said subdivider(s) and/or other landowners) is/are the owner(s) of the lands and the platting of the subdivision is the subdivider and/or other owner’s voluntary act and deed. The subdivider(s) and/or owner(s) shall declare in this certificate by description or reference to the plat the purpose of all rights-of-way, easements and other reservations shown on the plat.
c. By the Plan Commission, fixed with the seal of the Plan Commission, signed by the president or presiding officer of the Plan Commission, and attested to by the executive director of the Plan Commission and the County Engineer. The certificate shall disclose that proper public notice was given, and that a majority of the members of the Plan Commission concur in its approval.
All subdivision plat applications must be accompanied by six full sized sets of plats on either 18-inch by 24-inch or 24-inch by 36-inch paper and by 15 copies of reduced sized plat on 11-inch by 17-inch paper for both preliminary and final plat approvals. The full sized sets shall be distributed as follows: four to the planning director who will distribute copies to the County Engineer and County Surveyor, one to the County Drainage Board, and one to the sewer company or county Health Department.
(10) Except as provided for in division (F)(11) below, a plat or replat of subdivision must be given final approval and be recorded within 36 months of preliminary approval. Upon written request, the Plan Commission may extend the time limitation for one year. If the subdivider fails to record within this time period, the preliminary and final approval given by the Plan Commission shall be null and void. The time limit for recording the final plat shall extend to any preliminary plat approval not expired as of January 1, 2008.
(11) Plats that have been granted preliminary approval after the adoption of this chapter may be submitted for final approval in sections as deemed most advantageous by the subdivider with the approval of the Executive Director of the Plan Commission. Additional sections may be submitted for final approval without repeating preliminary approval if they substantially conform to the geometries of the original preliminary plat. The 36-month limit for recording the final plat is automatically renewed with the recording of any section of the approved preliminary plat. The plat may be deemed to substantially conform to the preliminary plat if the geometries of the final plat are substantially the same layout. The addition, removal or alteration of road patterns, lot sizes and total number of lots can result in resubmission of the plat for preliminary approval unless such changes were a condition of the preliminary plat approval. The addition or removal of easements to accommodate utilities or drainage shall not constitute a substantial change in conformity.
(12) After the completion of all improvements and installations as provided in the performance and escrow agreement or in accordance with the conditional final plat approval and the construction plans in a good and workmanlike manner and approval of same by the County Engineer acting with the specific authority from the County Commissioners and consulting with the County Engineer (as to roads and right-of-way areas). County Drainage Board (as to drainage and water quality). County Surveyor (as to monuments), and fire department district (as to fire hydrants) and soil and water conservation (as to IDEM erosion control); the cash payment to the county in payment for the final asphalt coat on the roads; and the posting of a subdivision maintenance bond by the subdivider, the performance and escrow agreement and escrow funds as held by the county, shall be released by the county. The subdivision maintenance bond shall be in favor of the county, be valid for a period of two years and three months or until three months after primary buildings have been completed on at least 80% of all lots shown on the recorded plat, whichever date is earlier and shall be in an amount equal to 20% of the initial construction cost of the subdivision. Said maintenance bond shall be used for road maintenance, drainage and snow removal (if not done by the subdivider) for said period of time.
(13) Unless there is a separate construction entrance to the construction site, a subdivider, person, corporation, association, partnership or other entity who develops land in sections or phases such that the development of one section requires construction traffic, truck traffic and/or heavy equipment to cross over existing subdivision roads shall repair any damages caused by construction traffic over existing subdivision roads prior to the final plat approval of a subsequent section of the subject subdivision, or the county may withhold such final plat approval until such time as repairs have been made to county standards as determined by the County Engineer.
(14) No road shall be accepted into the county’s inventory of roads until such time when the County Engineer has recommended same and the County Commissioners have accepted same at a public meeting. New subdivision roads shall be accepted when the binder coat (first coat) of asphalt has been installed per county specifications.
(15) If the major subdivision disturbs more than one acre, detailed erosion control and sediment control plans, pursuant to 327 I.A.C. 15-5 (Rule 5), as amended, as administered by the Indiana Department of Environmental Management should be submitted to the County Drainage Board.
(G) Unrecorded plat. Any plat which has been previously approved by the Plan Commission, but not recorded within 18 months of the passage of this chapter is null and void, and must be resubmitted pursuant to the provisions of this chapter.
(H) Planned unit development. This chapter also applies to the subdivision of a planned unit development (PUD); however, the design and development of a PUD may deviate from the standards prescribed in this chapter. A preliminary subdivision plat may be submitted to the Plan Commission at the time of submission for PUD petition. Preliminary approval may be granted subject to proper zoning.
(Ord. 18-2007, passed 12-18-2007; Ord. passed 6-12-2008; Ord. passed 9-18-2008; Ord. passed 1-22-2009; Ord. 10-2011, passed 5-26-2011)