(A) Authority given by state. These regulations are enacted pursuant to I.C. 36-1-3-4 and 36-7-4-700 authorizing the County Advisory Plan Commission with exclusive control to review and approve or disapprove plats for subdivisions throughout the unincorporated area of the county and those municipalities within the county having an interlocal agreement for planning and subdivision regulation. This authority also extends to the resubdivision of undeveloped portions of a previously recorded plat.
(B) Metes and bounds tracts. Any parcel of land with a metes and bounds description established after the effective date of these regulations shall comply with the provisions of these regulations to be eligible for an improvement location permit. Metes and bounds tracts created in compliance with the subdivision control regulations in effect at the time of the tract creation shall be exempt from requirement to subdivide as established by these regulations, but must comply with all other standards established by these regulations to receive an improvement location permit. In no instance shall an improvement location permit be granted to a previously created tract not created in compliance with the subdivision control regulations in effect at the time of the tract creation.
(C) Conformity with regulations. No improvement location permit or certificate of occupancy shall be issued for any parcel or plat of land that was created by subdivision after the effective date of, and not in conformity with, the provisions of these regulations. Also, no construction of any public or private improvement shall take place or be commenced except in conformity with the applicable standards of these regulations and the Building Code. A certificate of occupancy, as defined by the Zoning Ordinance, shall not be granted for the use of any structure within an approved subdivision until the required improvements have been bonded or constructed, inspected and approved by the responsible county officials.
(Ord. 2009-67, passed 3-2-2009)