A. Conformance to applicable rules and regulations. In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules, and regulations:
1. All applicable state and local statutory provisions;
2. The City/County Zoning Ordinance, Building and Housing Codes and all other applicable laws and ordinances of the appropriate jurisdictions;
3. The Comprehensive Plan, Official Map or Thoroughfare Plan, Public Utilities Plan, and Capital Improvements of the city/county including all streets, drainage systems, and parks shown on the Official Map or Comprehensive Plan as adopted;
4. The special requirements of these regulations and any rules of the Health Department and/or appropriate state agencies;
5. The rules and regulations of the Indiana Department of Transportation if the subdivision or any lot contained therein about a state highway or state frontage road;
6. The highway and drainage standards and regulations adopted by the City/County Engineer and all boards, commissions, agencies, and officials of the city/county;
7. All pertinent standards contained within still valid planning guides published by the Plan Commission and approved by the Common Council of the City of Columbia City, Indiana.
8. The following data from the City Zoning Ordinance are, by reference, made a part of this subdivision ordinance;
a. 2.07 Fences and Walls. A discussion of type, location, material and maintenance;
b. 5.10(F)(1) Design and Construction. A discussion of all public and private improvements for Manufactured/Mobile Home Parks, but applicable to all developments;
c. 5.10(F)(6) Landscape Maintenance. A discussion of responsibility for Mobile Home Parks.
d. 5.10(F)(7) Street Lights. A discussion about street lighting and approval requirements;
e. 10.03(A)(1) Design Requirements. A discussion of areas used for standing, parking, and maneuvering of vehicles and the special exceptions which address single-family residences with driveways exceeding 76 feet in length.
f. 10.03(C) Sight Triangle. A discussion of conditions which are of concern at street intersections and the method to be used to increase visibility;
g. 10.04(F) Lighting. A discussion with regards to lighting of off-street parking areas and loading spaces to be used at night;
h. 10.04 Screening and Landscaping. A discussion of protection, improvement, and preservation of the appearance and character of the neighborhood and of the city through the screening effects and aesthetic qualities of such landscaping.
B. Subdivision name. The proposed name of the subdivision shall not duplicate, nor too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Commission shall have final authority to approve the name of the subdivision; said name to be finalized at the time of second approval. All records thereafter shall reference the name, the petition number, and the date of the petition approval of the subdivision.
C. Plat approval. Plat approval may be withheld if a subdivision is not in conformity with the above guidelines and requirements or with the policies and purposes of these regulations established as follows:
1. This ordinance which is enacted pursuant to Indiana Home Rule and Planning Enabling Legislation (I.C. 36-1-3-4 and 36-7-4-700 series, as amended) authorizes the City/County Plan Commission to review, approve, and disapprove plats for subdivisions which show lots, blocks or sites with or without new streets or highways.
2. No building permit or certificate of occupancy shall be issued for any parcel or plat which was created by subdivision, or re-subdivision, after the effective date of this ordinance, unless the provisions of the subdivision regulations have been met; and no excavations of land or construction of any public or private improvements shall take place, or be started, except in conformity with instructions contained herein and in conformance with construction standards adopted by the city/county. Refer also to City Chapter 151: Improvement Location Permits, for additional information.
3. No plat or re-plat of land located within the jurisdiction of the City Plan Commission shall be filed with the County Auditor and recorded by the County Recorder unless it has first been granted secondary approval by the City Plan Commission, and said approval been signed and certified on the plat by signature on the plat by the President and Secretary (or authorized person) of the Commission. If the petition for plat or re-plat is disapproved, the Commission shall set forth in its own records the reason for the refusal and provide the applicant/petitioner with a copy of this “Finding of Facts.”
4. Subdivisions within the two-mile jurisdictional area shall abide by the rules and regulations as specified in this ordinance. Where improvement requirements are in conflict with Whitley County regulations, consideration shall be given to city/county modification of those improvement requirements with prime consideration to those subdivisions which are contiguous to the city corporate limits, subject in part to county improvement regulations.
5. Self-imposed restrictions. If the owner places restrictions on any land contained in the subdivision greater than those required by the City Zoning Ordinance or these regulations, such restriction shall be recorded with the County Recorder.
D. Plats straddling municipal boundaries. Whenever access is required across land in another jurisdiction, the Commission shall request written assurance from the City/County Plan Commission Attorney that such access is legally established and by the City/County Engineer that the access road is adequate or a performance bond has been duly executed and is in the amount that will cover the cost of construction of the access road. Lot lines shall be laid out, whenever possible, so as not to cross municipal or township boundary lines.
(1980 Code, Ch. 154, § 4.01) (Ord. 2001-4, passed 3-27-2001)