Step 1 Application for a primary approval of a plat of a subdivision
Step 2 After the hearing for primary approval
Step 3 Appeals
Step 4 Secondary approval
STEP 1 APPLICATION FOR A PRIMARY APPROVAL OF A PLAT OF A SUBDIVISION.
(A) Technical Advisory Committee; review. Upon receipt of an application for primary approval of a plat of a subdivision, the Plan Commission staff shall review the application for technical conformity with the standards set forth in this chapter. The Technical Advisory Committee is hereby established and appointed by the Board of County Commissioners and the Mayor, and shall be composed of the President and Vice President of the Plan Commission, Executive Director, Building Inspector, City Engineer, Fire Chief, Plan Commission Attorney, Plan Commission Consultant, General Manager of the Utility Service Board, Street Commissioner, a member of the Board of Commissioners, and the Mayor by virtue of his office. The President of the Plan Commission shall be chairman of the Technical Advisory Committee. The Technical Advisory Committee shall examine each application when municipal improvements are involved and determine if the proposed improvements meet the requirements of this chapter. The Committee shall report its findings to the Plan Commission staff prior to the date set for a hearing.
(B) Hearings. Within 30 days after receipt of the Technical Advisory Committee report, the Plan Commission staff shall announce the date for a hearing before the Commission and provide notice in accordance with subdivisions (1) through (5) below. After the Plan Commission staff has announced a date for a hearing before the Commission, it shall:
(1) Notify the applicant in writing.
(2) Give notice of the hearings by publication in accordance with IC 5-3-2 and IC 5-3-1-4. Due notice to interested parties shall be given at least ten days before the date set for the hearing. (The subdivider shall assume the cost of public notice and due notice to interested parties.)
(3) The Secretary of the Plan Commission or the Executive Director shall cause the notice to be published at least ten days prior to the date set for the hearing. Proof of publication must be made by an affidavit of the publisher and attached to a copy of the notice taken from the paper(s) in which it was published, and filed with the secretary or the Executive Director before the hearing. The affidavit must specify the county, the time when, and the paper in which the notice was published.
(4) For all applications for approval of a plat of a subdivision, the subdivider shall notify all abutting and adjoining legal land owners whose property is located within 250 feet of the subject property by certified mail with return receipts at least ten days before the date of hearing. A copy of the notice published in the newspaper shall be adequate for the personal notice. The return receipts shall be filed with the secretary of the Plan Commission before the hearing.
(5) The Executive Director may vary the requirements for personal notification, other than the required time period, if in his judgment a departure from the rules above is justified and the intent of those rules is observed.
(C) Plat to be provided. The subdivider shall provide a plat of a subdivision showing the following:
(1) Proposed name of the subdivision.
(2) Names and addresses of the owner and the subdivider, and the surveyor or surveying firm which prepare the plat.
(3) Streets and rights-of-way, on and adjoining the site of the subdivision, showing the names (which for new streets shall not duplicate other names of streets in the city or county, except for extensions of existing streets) which, in accordance with the requirements of IC 36-7-4-405, shall meet with the approval of the Commission, and including roadway widths, approximate gradients, types and widths of pavement, curbs, walks, crosswalks, sidewalks, tree planting and other pertinent data. Also, names of adjoining subdivisions with lot designations and title of the plat including plat book and page number.
(4) Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one part in 5,000 plus .20 feet. If the boundary of the plat is represented by a U.S. Public Land Survey Section Line, two section corners shall be shown for each section line with bearings and distances to each section corner.
(5) Accurate direction and length in feet and hundredths of feet of each line. Geometrically curved lines shall be identified with sufficient curve data to define the curve. (Curve data include delta angle, radius, chord distance, chord bearing, arc length, tangent length). Lines required to be shown include but are not limited to the following:
(a) Plat boundary (heavy solid line).
(b) Right-of-way lines of streets and alleys (solid line).
(c) Easements (dashed line).
(d) Lot lines (solid line).
(e) Lines indicating easements or lot lines to be vacated by the plat (dashed or dotted line).
(6) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract.
(7) Street lines with accurate dimensions in feet and hundredths of feet, with angles to street, alley and lot lines.
(8) Layout of lots, showing dimensions and numbers and the total area in square feet or acres for each lot.
(9) Accurate locations and dimensions for easements for utilities and CATV and any limitations on such easements, showing widths and purposes of easements.
(10) Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use.
(11) Location and size of storm and sanitary sewers and water distribution system.
(12) Contours at vertical intervals of two feet if the general slope of the site is less than 10% and at vertical intervals of five feet if the general slope is 10% or greater.
(13) Building setback lines and dimensions.
(14) Location, type, material and size of all monuments and lot markers, including a notation as to whether found or set.
(15) North point, scale, graphic scale, and date.
(16) Restrictions of all types which will run with the land and become covenants in the deeds, for lots.
(17) Certificate for primary approval by the Commission, to be signed by the President and Secretary of the Commission.
(18) Certificate for secondary approval by the Commission, to be signed by the President and Secretary of the Commission.
(19) Certification by a registered land surveyor; and registered professional engineer (when required).
(20) Certification by Fayette County Soil and Water Conservation District.
(21) Plan Commission staff certificate.
(22) Certification of dedication of streets and other public property.
(D) The subdivider shall submit the following engineering plans and specifications and other required information with the application:
(1) Profiles, typical cross-sections and specifications for proposed street improvements.
(2) Profiles and locations and other explanatory data concerning the installation of sanitary and storm sewerage systems and water distribution system.
(3) A description of the portion of the overall plat of the subdivision intended to be filed for record, including a program for the progressive development of the entire area contained in the overall plat.
(4) A statement of the estimated amount of money sufficient to complete the improvements and installations by the subdivider and attested to by a registered land surveyor or a registered professional engineer.
(E) Supplementary information. The subdivider shall submit the following supplementary information with the application:
(1) Statement of the proposed use of lots, stating type of residential buildings with number of proposed dwelling units, type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, or congestion of population.
(2) Evidence of an adequate source of water supply.
(3) A National Cooperative Soil Survey Map from the Fayette County Soil and Water Conservation District showing the soil limitations based upon the intended usage of the development land.
(4) A statement concerning the method of controlling erosion before, during, and following construction, that is, temporary seeding, siltation basins, mechanical erosion devices, and other similar means that meet the Fayette County Soil and Water Conservation guidelines for urban development.
(5) If private sewage system, a statement from the Health Officer as to whether private septic systems can be used on this property.
(6) If flood plain is involved, a statement from the Indiana Department of Natural Resources, Division of Water, concerning construction in floodway, including flood plain high water marks, and the like.
(7) Show other features or conditions, which would affect the subdivision favorably or adversely.
(F) Flood hazard area review. The Executive Director shall review all proposed subdivisions to determine whether the subdivision lies in a flood plain as defined in § 153.43 of the Zoning Code. If the Executive Director finds a subdivision to be so located, the Executive Director shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. The Executive Director shall require appropriate changes and modifications in order to assure that:
(1) It is consistent with the need to minimize flood damages;
(2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
(3) Adequate drainage is provided so as to reduce exposure to flood hazards;
(4) On site waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.
(G) One hundred year flood elevation. Developers shall record the 100 year flood elevation on all subdivision plats containing lands identified in Chapter 153 as within a flood hazard area prior to submitting the plats for approval by the Plan Commission.
(H) Evacuation plan. All owners of manufactured home parks or subdivisions located within the FP Flood Plain District or SFHA* identified as Zone A on the community's FHMB* or FIRM* develop an evacuation plan for those lots located in Zone A and file it with the Plan Commission and have it filed and approved by the appropriate community emergency management authorities.
*SFHA: Special Flood Hazard Area
FHMB: Flood Hazard Boundary Map
FIRM: Flood Insurance Rate Map
(I) Location map required. The subdivider shall include a location map with the application which may be prepared by indicating the data by notations on available maps showing:
(1) Subdivision name and location.
(2) Any thoroughfares related to the subdivision.
(3) Existing elementary and high schools, parks, and playgrounds available for serving the area proposed to be subdivided, and other community facilities.
(4) Location of corporation lines if applicable.
(5) Title, scale, graphic scale, north point and date.
(J) The original drawing of the plat of the subdivision plus three black- or blue-line prints shall be submitted, or in order to conform to modern drafting and reproduction methods three black-line prints or blue-line prints, and a Mylar film reproducible print shall be submitted. Also, a reduced plat on Mylar film with dimensions of 14 inches by 17 inches shall be submitted for filing purposes.
(Ord. 3096, passed 2-1-92)
STEP 2 AFTER THE HEARING FOR PRIMARY APPROVAL.
(A) Approved. If, after the hearing, the Commission determines that the application and plat comply with the standards in this chapter, it shall make written findings and a decision granting primary approval for the plat of the subdivision. This decision shall be signed by the President of the Commission.
(B) Disapproved. If, after the 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. This decision shall be signed by the President of the Commission.
(C) Resubmission. If the Commission disapproves the plat, the applicant may resubmit an application for primary approval of a plat of a subdivision, provided substantial changes have been incorporated.
(D) Effective period of primary approval. Primary approval of the plat of a subdivision shall be effective for a maximum period of five years.
(Ord. 3096, passed 2-1-92)
STEP 3 APPEALS.
The primary approval or disapproval of a plat by the Commission or the imposition of a condition on primary approval is a final decision of the Commission that may be reviewed by certiorari procedure as provided by IC 36-7-4-1016.
(Ord. 3096, passed 2-1-92)
STEP 4 SECONDARY APPROVAL.
(A) Secondary Approval; appeal time. The Commission may grant secondary approval for all or any part of a plat of a subdivision which has heretofore been given primary approval by the Commission, or the Commission may delegate to the Plan Commission staff the authority to grant such secondary approvals; provided, that secondary approvals may be granted after expiration of the time for appeal under IC 36-7-4-710; specifically after 30 days has elapsed from the date of the decision of the Commission under Step 2, of Appendix B.
(B) Bond. Secondary approval may be granted to a plat of a subdivision in which the improvements and installations have not been completed as required by this chapter, if the applicant provides a bond, or other proof of financial responsibility as prescribed herein, that:
(1) Is an amount determined by the Commission to be sufficient to complete the improvements and installations in compliance with this chapter;
(2) Provides surety satisfactory to the Commission;
(3) With respect to the installation or extension of water, sewer, or other utility service the applicant shows by written evidence that he has entered into a contract with the political subdivision or utility providing the service; and the Plan Commission determines, based on written evidence, that the contract provides satisfactory assurance that the service will be installed or extended in compliance with this chapter.
(4) Other proof of financial responsibility may take the following forms:
(a) An arrangement whereby cash would be advanced to the city, or the county (depending upon whether the plat of the subdivision is located in the city or beyond the city) by the subdivider, and subsequently the Clerk-Treasurer of the city or the Auditor of the county (as the case may be) would release to the subdivider amounts of this money in percentages of the total cost of improvements and installations in the plat of a subdivision, when such completed portions of the plat have been attested to by a registered professional civil engineer or registered land surveyor, provided by and at the expense of the subdivider, and approved by the Commission; and upon a certificate by the City Engineer of the city, or the County Surveyor of the county (as the case may be). Upon completion of all of the improvements and installations in the plat, the city, or county (as the case may be) would reimburse the subdivider the total balance of the money originally deposited with the city, or county; or
(b) An arrangement, including a letter of credit, whereby the city, or the county (depending upon whether the plat of the subdivision is located in the city or beyond the city) would have undeniable access to the funds in an escrow account or other type of account, held by a bank or other lending institution, until all of the improvements and installations in the plat of a subdivision have been completed.
(c) Maintenance bond. The applicant shall provide a three-year maintenance bond in an amount to be determined by the Commission based upon the assurance that all improvements provided and installed by the subdivider will be properly maintained to the satisfaction of the Board of Works or Board of County Commissioners (as the case may be), but not less in amount than $10,000, before secondary approval may be granted, except in cases when there are not any improvements requiring maintenance. The applicant shall provide a three year maintenance bond before secondary approval may be granted. (See Appendix A, Form 4.)
(d) Hearing not required. No notice or hearing is required for secondary approvals.
(e) Recording provided. A plat of a subdivision may not be filed with the Auditor of the county, and the Recorder of the county may not record it, unless it has been granted secondary approval and signed and certified by the President and Secretary of the Commission; provided, that if the plat has not been properly recorded within six months after the date of such certification, the certification shall then become null and void and the plat may not then be recorded; and provided further, that a subdivider or applicant whose plat has not been recorded within six months from the date of certification, and who elects to make revisions to the plat, must first vacate the plat in accordance with IC 36-7-3 and then proceed to reapply for primary and secondary approval of the plat of a subdivision.
(f) Bond release. The bond referred to in division (A), above, will be released only upon receipt of a certificate provided by and at the expense of the subdivider, and approved by the Commission, and upon a certificate by the City Engineer or the County Surveyor of Fayette County (as the case may be), that all improvements and installations for the plat of the subdivision required for its approval have been made or installed in accordance with specifications.
(g) Funds from bonds. Any funds received from bonds shall be used by the Board of Works or Board of Commissioners (as the case may be), only for the completion of the improvements and installations for which they were provided; and said Board of Works or Board of Commissioners (as the case may be), is authorized to complete such improvements and installations on the failure of the applicant to do so.
(Ord. 3096, passed 2-1-92)