Secondary approval may be granted to a plat only after the requirements in this section have been satisfied:
(A) Action at meeting. After the proper submittal of a complete application and review of all pertinent information, the Plan Commission or Plat Committee may grant, deny or continue secondary approval at a meeting scheduled in accordance with the Plan Commission’s Rules of Procedure;
(B) Action without meeting for minor subdivisions. After the proper submittal of a complete application and review of all pertinent information, the Director, pursuant to I.C. 36-7-4-710, may grant or deny secondary approval of a minor subdivision, including a DPUD minor subdivision site plan/plat. In granting secondary approval, the Director shall sign the plat on behalf of the Plan Commission. No notice or hearing is required, and the provisions of these regulations or of the Plan Commission’s Rules of Procedure concerning notice and hearing do not apply to secondary approvals of minor subdivisions by the Director. The Director may transfer an application for secondary approval of a minor subdivision to the Plat Committee, without first making a decision, when the Director determines that it would be in the best interest of all parties or upon written request of the applicant.
(C) Appeal. Secondary approval may not be granted to a plat until expiration of the five working day primary approval appeal period in accordance with I.C. 36-7-4-708.
(D) Compliance with conditions. Secondary approval may not be granted to a plat unless there is full compliance with the conditions and requirements set forth by the Board of County Commissioners (in the case of a DPUD site plan/plat), or the Plan Commission or Plat Committee for primary approval.
(E) Other government and utility approvals. Secondary approval may not be granted to a plat until all necessary approvals from other agencies are obtained as needed or required. These approvals shall include any federal, state, or other local approval on their official forms and signed by the proper authority. These approvals may include, but are not limited to, the following when appropriate:
(1) Federal agencies:
(a) Federal Communications Commission;
(b) Federal Aviation Administration;
(c) Federal Emergency Management Agency; and
(d) U.S. Army Corp of Engineers.
(2) State agencies:
(a) Indiana Department of Environmental Management;
(b) Indiana Department of Natural Resources;
(c) Indiana Department of Transportation; and
(d) Indiana State Department of Health.
(3) Local agencies:
(a) Elkhart County Drainage Board;
(b) Elkhart County Health Department, Environmental Division;
(c) Elkhart County Highway Division; and
(d) All other Elkhart County departments, such as the Sheriff or Storm Water Management Department, having an interest in the particular petition.
(4) Utility companies:
(a) Public or private utilities for sanitary sewer; and
(b) Public or private utilities for water services.
(Ord. 2009-67, passed 3-2-2009; Ord. PC 12-05, passed 5-21-2012; Ord. PC 2014-03, passed 4-21-2014; Ord. PC 2016-20, passed 7-18-2016)