A. Application requirements. In order to begin the subdivision process, the applicant shall file an application for review with the Executive Director. This application shall:
1. Be made on forms available at the office of the Commission and signed by the owners;
2. Include indication of all contiguous holdings of the owner including land in the same ownership, with an indication of the portion which is proposed to be subdivided;
3. Be presented to the Executive Director;
4. Be accompanied by a minimum of three copies of the plan;
5. Include an address and telephone number of an owner or agent who shall be authorized to receive all notices required by this ordinance.
B. Checkpoint submission. In order to fulfill this last application requirement, a copy of the proposed plan shall be submitted to each of the appropriate agencies to show the plan location so that their comment may be made to the Executive Director. The checkpoint agencies appropriate to each participating jurisdiction in which a plan may be located are listed as Figure 3-2 Checkpoint Agencies; namely by municipal utilities, electric company, telephone company gas company and cable company. The Executive Director shall request that all officials and agencies to whom a request for review has been made, submit a written report within 15 calendar days after receipt of the request. No response from an agency shall be interpreted as meaning “no objection.”
C. Primary plat hearings.
1. Date of hearing; notice. The Planning Commission shall consider the application for primary plat approval, not later than the second regular meeting following its proper submission to the Planning Department. The Plan Commission Staff shall review the primary plat for the subdivision and, when satisfied that the plans meet all the requirements of the Subdivision Ordinance, schedule a public hearing of the petition at the next regularly scheduled meeting of the Planning Commission. The Plan Commission shall require the applicant to give written notice to be given to all interested parties, including all owners of property abutting the proposed subdivision, said notice to be given at least ten days prior to the date set for the hearing, as specified in I.C. 36-7-4-706. The applicant shall cause the published notice of the hearing pursuant to I.C. 5-3-1-1 through 5-3-1-9, but in no case shall the hearing notice be less than ten days prior to the hearing. The cost of publishing the notice shall be paid by the subdivider.
A complete set of construction plans shall be presented at the public hearing for the primary plat.
2. Primary approval or denial. At the conclusion of the public hearing the Commission may give its primary approval, with or without conditions, or deny the petition for cause. Conditions placed on the primary approval shall be deemed necessary to the interests and needs of the community. Primary approval shall be effective for a period of 24 months after the date of primary approval. Upon request by the applicant, a one year extension of the original approval period, or a total time period of three years beyond the date of primary approval; this extension does not require further public notice or public hearing. It is the responsibility of the subdivider to file for an extension of the completion date for the petition. If secondary approval has not been given within this time limit for at least one phase of the primary plat, the plat must again be submitted to the Commission for primary approval. Within five working days following the public hearing, one copy of the primary plat shall be returned to the applicant with the date of approval, conditional approval, or disapproval, and the reasons therefore, accompanying the plat.
D. Action after hearing.
1. If, after the hearing, the Commission determines that the application and plat comply with the standards of this chapter, the Commission shall make written findings and a decision granting primary approval to the plat. These findings shall be signed by the President, or authorized officer of the Plan Commission.
2. If, after hearing, the Commission disapproves the plat, it shall make written findings that set forth its reasons and a decision denying primary approval, and shall provide the applicant with a copy. These findings shall be signed by the President, or authorized officer of the Plan Commission.
3. The primary approval or disapproval of a plat by the Plan Commission or the imposition of a condition on primary approval is a final decision of the Plan Commission which may be reviewed by certiorari procedure the same as that provided for the appeal of a decision of the Board of Zoning Appeals.
E. Field trip. The Commission may elect to take an informal field trip to the site of the subdivision if the majority of the members present feel the need for visual clarification of the plans presented. The applicant or his or her representative shall accompany the Commission to the site. Questions directed to the applicant may be asked by Commission members. No discussion shall take place between Commission members regarding the merits of the subdivision.
If a field trip is considered necessary, the public hearing shall be continued until the next regularly scheduled meeting. The petition hearing does not have to be re-advertised as the action taken at this time is a matter of record.
(1980 Code, Ch. 154, § 3.02) (Ord. 2001-4, passed 3-27-2001)