The approval of the primary plat shall be by an affirmative vote of the Commission at a public hearing conducted in conformance with I.C. 5-3-1, as amended from time to time. The disposition of the plat shall be covered by Plan Commission rules of procedure adopted by resolution. Primary plat approval may be denied by the Commission if a plat is not in total conformity with the guidelines, requirements or the purposes of these regulations. The lack of information under any item specified within this chapter or improper information supplied by the applicant may also be cause for denying primary approval. Any person desiring approval of a primary subdivision plat shall file the following with the Plan Commission:
(A) Written application required. A written application which complies with the requirements of this section for approval of the primary plat to the Plan Commission Office for technical conformity with the standards of this chapter shall be required.
(B) Fees. The filing fee as prescribed by the official fee schedule as amended from time to time. The applicant shall also pay in full the mailing costs incurred by the Plat Committee in furnishing notice of the public hearing and the publication of a legal notice in all local papers, as required by law and Chapter 153, prior to the date the application and plat are considered for primary plat approval by the Plat Committee.
(C) Primary plat. Copies of the primary plat which complies with the requirements of this chapter in the number and form required by the Plan Commission shall be required. The proposed plat shall represent the entire tract the applicant intends to develop and over which he has an ownership or financial interest and/or control. If the plat is a sell-off, the plat shall also represent the entire tract from which the applicant acquired his tract.
(D) Covenants, codes, and other restrictions.
(1) Information as to any agreements which have been entered into with other property owners within the neighborhood in which the proposed subdivision is located.
(2) Existing covenants and/or restrictions of all types which run with the land, if any.
(Ord. 5-2009, passed 3-9-09)