§ 157.032  MAJOR SUBDIVISION.
   (A)   General procedures for primary and secondary approval. Should the Administrator, during sketch plan review, classify the proposed land division as a major subdivision, the subdivider shall follow the procedures and be subject to the processes outlined in Figure 3-2, and detailed in this section. In addition to a sketch plan, which is reviewed by the Administrator and check point agencies, the applicant, seeking approval of a major subdivision, shall submit a preliminary subdivision plat to be approved, conditionally approved, or rejected by the Plan Commission at a public meeting, and a final subdivision plat which must be found in compliance with the preliminary plat as approved by the Plan Commission or otherwise approved in order to be signed and recorded.
   (B)   Official submission dates. The deadline for submittal of a sketch plan and application for certificate of approval shall be 61 calendar days prior to the date of the public meeting at which the subdivider intends to have his preliminary plat submission heard, and 31 calendar days prior to the deadline for the submission of the preliminary plat. Thus, as a minimum sketch plan submission shall precede preliminary plat submission by not less than 31 calendar days, which in turn shall precede the public hearing at which it is intended to be heard by no less than 30 calendar days.
   (C)   Sketch plan review process. Within 20 calendar days of the subdivider’s sketch plan application submittal, the Administrator shall have studied the proposal, reviewed checkpoint reports received, and met with the subdivider to discuss pertinent aspects of the proposed subdivision and possible modifications and/or changes that may be suggested or required by this chapter. The Administrator shall request that a representative of each checkpoint agency wishing to be involved in a sketch plan review be present to participate in the sketch plan review meeting. In taking into consideration the requirements of this chapter, particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot size and arrangement, the further development of adjoining lands as yet not subdivided, and the requirements of the Thoroughfare Plan and the policy represented by the Comprehensive Plan as adopted by the Plan Commission.
   (D)   Preliminary plat procedures for primary approval.
      (1)   Submission requirements. Following the submission, review and report on the sketch plan application, the subdivider may file for primary approval of a preliminary plat. This submission shall:
         (a)   Include indication of all land which the applicant proposes to subdivide and all land immediately adjacent and across any street extending 600 feet there from but no more than two property owners deep to the proposed subdivision, with the names and addresses of the owners as shown in the records of the Putnam County Recorder. This information may be shown on a separate current Plan Map reproduction from the Recorder Office showing the boundaries of the subdivision superimposed thereon.
         (b)   Be presented in duplicate to the Administrator no later than 60 calendar days prior to the regular meeting of the Plan Commission at which it is intended to be heard.
         (c)   Be accompanied by four copies of the preliminary plat as described in this chapter.
         (d)   Generally comply with the sketch plan as reviewed.
      (2)   Placement on the Plan Commission agenda. Subsequent to the submission for primary approval, the Plan Commission shall place the matter on the agenda for formal action at the next regular hearing that provides adequate time for publication of public notice.
      (3)   Administrative review. Subsequent to placement on the agenda, and prior to the date of public hearing, the Administrator shall review the proposal and prepare a written report to the Plan Commission and applicant indicating a recommendation with regard to the subdivision being proposed.
      (4)   Public hearing notification and sign posting requirements. The Plan Commission shall hold a public hearing on the preliminary plat and notice of such hearing shall be in local newspapers of general circulation as required by Indiana statute in effect at the time of the application at the applicant’s expense. At the time of the public hearing, the applicant shall submit an affidavit stating that the applicant has placed posters provided by the Administrator (advising interested parties of the hearing) at the locations designated by the Administrator on the proposed subdivision property at least ten days prior to the public hearing and show proofs of publication that the notices of public hearing were published prior to the public hearing. Interested parties shall be notified by the applicant of the date, time, place and purpose of the public hearing on the subdivision as required by law in advance of the hearing by certified mail. The applicant shall file with the Plan Commission, at the time of the public hearing, an affidavit so testifying, along with the certified mail receipts provided by the post office.
      (5)   Primary approval of the preliminary plat. After the Plan Commission has held a hearing upon the preliminary plat, the Administrator’s report, checkpoint recommendations, testimony, and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Plan Commission shall at a public hearing, grant primary approval, conditional approval, disapprove the preliminary plat or continue the hearing and/or consideration of the matter for a reasonable period of time. One copy of the preliminary plat shall be returned to the applicant with the date of approval, conditional approval, or disapproval and, when requested by the applicant, the reasons thereto accompanying the plat, within 30 days of the public hearing. Before the Plan Commission approves a preliminary plat showing park reservation(s) of land for another local governmental unit, the Plan Commission shall obtain approval of the park or land reservation from the participating jurisdiction. Primary approval by the Plan Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until a minimum of 30 days has elapsed since the granting of primary approval.
      (6)   Effective period of primary approval. Unless extended, the primary approval of a preliminary plat shall be effective for a period of two years after the date of primary approval, at the end of which time secondary approval of the subdivision must have been obtained and certified by the Designated Officials. Any plats not receiving secondary approval within the period of time set forth herein shall be null and void, and the developer shall be required to resubmit a new application for sketch plan review and certificate, subject to all the zoning restrictions and subdivision regulations in effect at the time of resubmission. Upon written application of the applicant, the Plan Commission may extend the primary approval of preliminary plat in increments of one year beyond an expiration date without further notice and public hearing. Not more than two such extensions may be granted.
   (E)   Approval of construction plans and specifications.
      (1)   After primary approval of the Preliminary Plat, the applicant shall submit copies of the construction plans and specifications satisfactory to the Plan Commission and in accordance with the requirements of this chapter.
      (2)   The construction plans and specifications shall consist of all cross sections, profiles, and other engineering data necessary for the proper design and construction of all improvements and installations required by this chapter, including at least the following:
         (a)   Streets. Profiles, typical cross sections of roadbeds and curbs showing material, including cross sections of sidewalks, where required.
         (b)   Public or private sewage disposal system. Drawing of proposed system on a topographic base map, sanitary sewer profiles, manhole details and other associated appurtenances.
         (c)   Storm Sewers. Drawing of proposed system on a topographic base map, profiles, details of manholes and other structures. Such system must be consistent with all storm water requirements in force in the Town of Cloverdale at the time of the application.
         (d)   Water mains. Drawing of proposed water distribution systems including details of hydrants and other appurtenances.
         (e)   Design summary.
            1.   A summary for basis of design in selection of water and sewer mains. This should include anticipated water demands, sanitary waste flow, and storm drainage. Consideration must be given to handle demands from adjacent land.
            2.   When existing water and sewer mains are extended to serve the new subdivision, the subdivider shall provide, as a minimum, equal facilities, unless otherwise approved by the Town of Cloverdale.
            3.   Should the Town of Cloverdale desire larger mains, additional costs will be negotiated and may be shared by the Town of Cloverdale. Subject to the following requirement:
               a.   If the proposed development is anticipated to be part of a continuing pattern of development that is owned by the applicant, land owner(s) or any entity in coordination with the applicant or land owner(s) or associated with the applicant or land owner(s) via common directors, owners or officers, all cost associated with sizing the mains for all of the development (including anticipated future development) that will utilize them will be borne by the applicant.
      (3)   Review process. The Administrator shall immediately refer these plans to the appropriate agencies for review. Once these agencies indicate their approval of construction plans, or fourteen working days have elapsed since their distribution without a written response, the Administrator shall stamp the plans approved and return one set to the applicant. In no event shall secondary approval (of the final plat) be given prior to approval of the construction plans.
      (4)   Installation of improvements. The installation of improvements shall be inspected by the designated official. Such inspections are required in all instances regardless of whether the work is performed before or after secondary approval. Failure to request inspection or to procure inspection of work performed after the date of this chapter and before secondary approval may be cause for denial of secondary approval.
   (F)   Submission of documents to regulatory agencies. It is the responsibility of the subdivider to submit all necessary documents, plans, and specifications to State and County regulatory agencies for consideration of approval as prescribed by their laws and regulations. Such agencies include, but are not limited to, the State Board of Health, the Administrative Building Council, and County Health Department. The Plan Commission reserves the right to prohibit final acceptance of the subdivision contingent upon receiving approvals from these agencies where applicable.
   (G)   Final plat procedure (secondary approval).
      (1)   Submission requirements. Following primary approval or conditional primary approval of the preliminary plat and construction plans, the applicant, if he or she wishes to proceed with the subdivision, shall file with the Administrator a request for secondary approval of a final plat. The application shall:
         (a)   Be submitted on forms available at the town offices;
         (b)   Include the entire subdivision, or section thereof which derives access from an existing state, county, or municipal roadway;
         (c).   Be accompanied by four copies of the final plat as described in this chapter;
         (d)   Totally comply with the ordinance and the terms and conditions of primary approval;
         (e)   Be accompanied by a performance bond or other financial guarantee, if required, in a form satisfactory to the Plan Commission Attorney and in an amount established by the Plan Commission that shall guarantee the completion of all required subdivision and off-site public improvements;
         (f)   Be accompanied by any restrictive covenants in a form approved by the Plan Commission, where they have been proposed by the subdivider or required by the Plan Commission.
      (2)   Determination of conformance (secondary approval). In order to be recorded, a final plat shall either be found to be in conformance with the primary approval by the Administrator, or by the Plan Commission at a public hearing. If the final subdivision plat deviates from the preliminary plat that received primary approval, the subdivision shall be resubmitted to the Plan Commission at a public hearing for a new primary approval. The subdivider, submitting a final plat conforming to the primary approval, shall choose as to whether this review is to be performed by the Administrator, or by the Plan Commission at a public hearing.
         (a)    Should the subdivider not choose Plan Commission review, the Administrator shall, within ten working days, review the items submitted as per Section 3.3(6) (a) (DOES NOT EXIST) in order to ascertain the sufficiency as to conformance with the primary approval. If the submission is found to be in conformance and complete, the Administrator shall recommend the signing of the certificate granting secondary approval.
         (b)   Should the subdivider choose Plan Commission review, the Plan Commission shall determine conformance with the primary approval at a public hearing. The subdivider shall request Plan Commission review in writing not less than 30 calendar days prior to the date of the public meeting at which he intends to have his final plat reviewed. The Plan Commission shall place the matter on its next regular meeting agenda. The Administrator shall review the proposal and submit a written report and recommendations to the Plan Commission and the applicant; and the Plan Commission, at the public hearing, shall approve or disapprove the final plat. If granted secondary approval, it shall be signed by the Designated Officials. If not granted secondary approval, then the subdivider shall be informed as to the insufficiency of this submittal.
      (3)   Sectionalizing plats. Prior to granting secondary approval of a major subdivision plat, the Plan Commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Plan Commission may require that the performance bond be in such amount as will be commensurate with the section or sections of the plat to be filed, and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing. Such sections must contain at least 20 lots or 10% of the total number of lots contained in the approved plat, whichever is less. The approval of all remaining sections not filed with the Administrator shall automatically expire after two years from the date of primary approval of the preliminary plat, unless the expiration date has been extended.
   (H)   Signing and recording a plat.
      (1)   Signing of plat.
         (a)   When the filing of a performance bond is required, the President and Secretary of the Plan Commission shall endorse approval on the plat by signing the certificate only after the bond and the construction plans have been approved, and all the conditions of the primary approval have been satisfied.
         (b)   When installation of improvements is required, the President and Secretary of the Plan Commission shall endorse secondary approval of the plat by signing the certificate only after all conditions of the primary approval have been satisfied, all improvements satisfactorily completed and accepted for public maintenance (when required), “as built” construction plans submitted (as required by § 157.090(B), (C)), and an approved maintenance bond has been provided (as required by§ 157.090(B)). There shall be written evidence that the required public facilities have been installed in a satisfactory manner as shown by the certificate signed by the Cloverdale Town Council or the County Drainage Board that the necessary improvements have been accomplished.
      (2)   Assurance to subdivider. If the Subdivider elects to install all improvements before he or she applies for secondary approval and it is shown that the conditions of the ordinance have been met, and if the final plat completely conforms to the primary approval, the Plan Commission shall have no other recourse than to grant secondary approval.
      (3)   Recording of Final Plat.
         (a)   The President and Secretary of the Plan Commission shall sign the certificate which shall be part of the tracing cloth or reproducible Mylar of the subdivision plat, plus two Mylar prints of the subdivision plat. The Mylar prints shall be returned to the subdivider and his engineer or surveyor.
         (b)   It shall be the responsibility of the subdivider in the presence of the Administrator or his designee to file the plat with the County Recorder within 30 days of the date of signature. Failure of the subdivider to file the plat as herein provided within 30 days shall constitute a violation of this chapter.
(Ord. 2011-07, passed  - - )