(A) Discussion of requirements. If the proposed subdivision is classified as a major subdivision, the applicant shall file an application for approval of a preliminary plat. No preliminary plat application is required for subdivisions classified as minor. The applicant may proceed to file for a final plat approval for minor subdivision development.
(B) Application. The subdivider shall file an application with the Administrator for approval of the preliminary plat. The application shall:
(1) Be made in duplicate and presented at least ten days prior to a regular meeting of the Commission.
(2) Be made on forms available at the office of the Administrator.
(3) Be accompanied by a fee of $10 plus $5 per lot.
(4) Include all land which the applicant proposes to subdivide and all land immediately adjacent extending one lot or 300 feet, whichever is greater, therefrom, or of that directly opposite thereto, extending one lot or 300 feet, whichever is greater, from the street frontage of the opposite land, with the names of the owners as shown in the Assessor's files. This information may be shown on a separate current tax map or plat reproduction from the Assessor's Office showing the subdivision superimposed thereon.
(5) Be accompanied by a minimum of six copies of the preliminary plat as described in these regulations.
(6) Be accompanied by a minimum of three copies of construction plans, as described in these regulations.
(7) Comply generally with the sketch plat.
(C) The Administrator shall refer the proposed preliminary plat and construction plans to the Technical Committee for its review, recommendations, and report. The report of the Committee shall be submitted in writing to the Plan Commission at the time of the next regular meeting of the Commission.
(D) Notice of public hearing. Upon receipt of formal application and all accompanying material, the Administrator shall:
(1) Call a public hearing for the next scheduled meeting of the Plan Commission providing the submittal of the application is in compliance with division (B).
(2) Require the applicant to submit a notice for publication in one newspaper of general circulation in the county to be published at least ten days prior to the public hearing. This public notice shall describe the location of the subject property by street, block, and adjacent subdivisions as applicable or in the case of unsubdivided properties, location by township range and section (metes and bounds). At the time of the public hearing, the applicant shall submit an affidavit stating that the applicant has notified by certified mail, return receipt requested, each adjacent or opposite owner of property as indicated on the application for subdivision approval, at least ten days prior to the public hearing. The Commission may require the applicant to bear the cost of the public notice.
(E) Preliminary approval. After the Plan Commission has reviewed the preliminary plat, construction plans, reports received from the Technical Committee and other agencies, and heard testimony submitted at the public hearing, the applicant shall be advised of any required additions. The Commission shall approve, conditionally approve, or disapprove the preliminary plat.
(F) Conditions of preliminary approval. As a condition of preliminary approval of a plat, the following may be specified by the commission, however, when related to infrastructure the specification shall be with carrying capacities and not adversely impact the stable flow of traffic:
(1) The manner in which public ways shall be laid out, graded, and improved;
(2) A provision for water, sewage, and other utility services;
(3) A provision for lot size, number, and location;
(4) A provision for drainage design;
(5) A provision for other services as specified in the subdivision control ordinance; and
(6) A provision for the distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience, and the harmonious development of the municipality.
(G) The Administrator shall return one copy of the proposed preliminary plat and construction plans to the developer with the date of approval, conditional approval, or disapproval and the reasons therefore, in writing, accompanying the plat.
(H) Public improvements and performance bond.
(1) Subsequent to preliminary approval but before the final plat is signed by the President and Secretary of the Commission, all applicants shall be required to complete all the streets, curbs, sidewalks, sanitary and storm sewers, waterlines, street signs, and other public improvements on the individual lots of the subdivision as required in this chapter, specified in the final subdivision plat, and as approved by the Commission.
(2) The Commission in its discretion may waive the requirement that the applicant complete all public improvements prior to the approval of the final subdivision plat, and that, in lieu thereof, the applicant shall post bond securable by the Town, hereinafter referred to as performance bond, in an amount equivalent to 110% of the estimated cost of completion of the required public improvements, which shall be sufficient to secure to the participating jurisdiction the satisfactory construction and installation of the uncompleted portion of required public improvements as provided for in §§ 152.70-152.75 of this chapter. The estimated cost of completion shall be done by a certified professional engineer and shall be based on construction bids received by the applicant or developer.
(3) In lieu of a bond, the developer may submit a certified check made payable to the town in an amount equivalent to 110% of the estimated cost of completion of the uncompleted portion of required public improvements as provided for in §§ 152.70-152.75. Any check shall be held by the Clerk-Treasurer.
(4) In lieu of a bond, the developer may submit irrevocable letters of credit on behalf of the developer and securable by the town in an amount equivalent to 110% of the estimated cost of completion of the uncompleted portion of required public improvements as provided for in §§ 152.70-152.75. In the event an irrevocable letter of credit is utilized, it shall be written for a maximum length of one year and the Commission shall after a period of ten months determine if the public improvements have been accepted for maintenance by the governmental unit having jurisdiction over the public improvement, and if they have not been accepted, shall so notify the subdivider of intent to secure the funds and then commence procedures to secure the funds pledged by letter of credit, or at the discretion of the Commission to grant an extension for a period fixed by the Commission, not to exceed one year, and the subdivider filing with the Commissioner a new letter of credit for the period so fixed.
(5) In lieu of such a bond the subdivider may submit a certificate of deposit made out to the town and the developer, to be held by the Clerk-Treasurer and in an amount equivalent to 110% of the cost of completion of the uncompleted portion of required public improvements as provided for in §§ 152.70-152.75.
(6) The performance bond shall comply with all statutory requirements and shall be satisfactory to the Town Attorney as to form, sufficiency, and manner of execution as set forth in this chapter. The period within which required public improvements must be completed shall be specified by the Commission in the resolution approving the preliminary subdivision plat and shall be incorporated into the bond and shall not in any event exceed two years from date of final approval, except as provided for in the irrevocable letter of credit. The bond shall be approved by the participating jurisdiction as to amount. The Commission may, upon proof of difficulty, grant an extension of the completion date set forth in the bond for a maximum period of one additional year, provided that the bond submitted for this extension period meets all other requirements herein. The Commission may at any time during the period of the bond accept a substitution of principal or sureties on the bond.
(I) Effective period of preliminary approval. Unless extended, the approval of a preliminary plat shall be effective for a period of one year for subdivisions of 20 lots or fewer and two years for subdivisions of greater than 20 lots at the end of which time final approval on the subdivision must have been obtained and certified by the President and Secretary of the Commission. Any plats not receiving final approval within the period of time set forth herein shall be null and void, and the developer shall be required to resubmit a new plat for preliminary approval subject to all new zoning restrictions and subdivision regulations. Upon request of the applicant, the Commission may extend the approval of a preliminary plat in equivalent increments beyond an expiration date without further notice and public hearing.
(J) Zoning ordinances. Every plat shall conform to existing zoning ordinances and subdivision regulations applicable at the time of final approval, except that any plat which has received preliminary approval shall be exempt from any subsequent amendments to the zoning regulations which would otherwise render the plat non-conforming as to size, shape, or use.
(K) Grading of site prior to final plat approval. Subsequent to final approval of the preliminary plat, the developer may apply for an earthwork (topsoil and excavation) permit from the Administrator or another agency as the Governing Body has designated, and upon receipt of the permit may commence construction to the grades and elevations required by the approved preliminary plat.
(L) Model homes. For the purpose of allowing the early construction of model homes in a subdivision, the Commission, in its discretion, may permit a portion of a major subdivision involving no more than two lots to be created in accordance with the procedures for minor subdivisions, provided that the portion derives access from an existing public street, and provided that no future road or other improvement are anticipated where the lots are proposed. The subdivision plat for the “minor” portion shall be submitted to the Commission simultaneously with the preliminary plat for the entire major subdivision. Subsequent to the preliminary approval, the model home(s) may be constructed, subject to additional requirements that the Commission may require.
(Ord. 93-Z-03, passed 3-8-93; Am. Ord. 95-Z-01, passed 2-13-95)