(A) Purpose. The purpose of an administrative subdivision is to provide a simplified procedure for the division of land, in lieu of the platting requirements in these regulations, under limited conditions, with the technical review necessary for development in the county. The administrative subdivision process is designed to run simultaneously with the building permit process.
(B) General requirements and standards.
(1) A buildable tract, at least three acres in size, is created. Residual parcels created by the administrative subdivision that still meet the minimum requirements of this chapter for a lot have standing as buildable tracts as either an administrative, minor or major subdivision.
(2) The standards of the Zoning Ordinance must be complied with unless specifically altered by this chapter.
(3) Administrative subdivisions are subject only to certification by the Department. Decisions of the Department are subject to appeal to the Plan Commission.
(4) The one-lot buildable tract created by the administrative subdivision shall comply with the storm water retention design standards of the Street Standards.
(5) The one-lot buildable tract will have a driveway location that will provide for adequate sight distance and will be properly spaced according to the Street Standards.
(6) The one-lot buildable tract shall be served by a sanitary sewer or other on-site sewage system approved by the County Health Department.
(7) For the purpose of administrative subdivisions,
INTERESTED PARTIES are defined solely as the property owner of record.
(8) A buildable tract created by the administrative subdivision may thereafter only be further split by an administrative, minor or major subdivision.
(9) Placement of structure; drainage standard.
(a) In an area not prone to flooding;
(b) Where excavation and fill do not adversely affect natural flow of water across the site;
(c) Basements are not advised below the seasonal high water mark;
(d) It is the responsibility of the owner and builder that the basement is constructed to not allow surface water to enter the home; and
(e) The grade surrounding all structures shall cause the water to flow away from the structure.
(10) Site drainage.
(a) It is the responsibility of the owner to maintain the drainage flow across the site (this includes any surface water courses and drainage tile);
(b) At no time shall the roadside ditch be filled. The roadside ditch may be regraded to allow for easier maintenance with the approval of the County Highway Department;
(c) Before any construction within the 75-foot easement of a county regulated drain, the County Surveyor’s office shall be notified and the County Surveyor’s office may require a variance to be approved by the County Drainage Board;
(d) If any drainage flow is concentrated and directed to adjoining property, the adjoiner’s permission must be granted in writing and placed in the administration subdivision file for the tract. This includes, but is not limited to, natural occurring water from sump pumps, geothermal heating systems, discharges and perimeter drains;
(e) It should be realized that it is almost impossible to guarantee that a site will not have water problems. An act of nature, which would include abnormally heavy rain storms, snowmelts, ice jams and the like may cause water damage to any property;
(f) An affidavit by the land owner of the proposed administrative subdivision shall require the land owner to be responsible for all stormwater drainage; and
(g) A site plan supplied by the home owner, developer, builder, surveyor or architect shall demonstrate how stormwater will be managed and kept on site.
(11) Right-of-way dedication. Right-of-way (ROW) dedication shall follow the Highway Street Standards. Additional ROW dedication and existing (ROW) will not count total acreage dedicated towards administrative subdivision lot. Acreage size will be measured from the existing center of ROW in effort that acreage size calculation includes all existing and dedicated ROW. ROW dedication and existing ROW will be deeded as fee simple ownership.
(C) Primary approval; application submittal. The following information is required to be submitted for consideration as an administrative subdivision:
(1) A recorded deed with a metes and bounds legal description;
(2) A site plan showing:
(a) Lot dimensions;
(b) Setbacks of buildings;
(c) Driveway location;
(d) Septic system location;
(e) Well location;
(f) Lot frontage;
(g) Soil classifications;
(h) Adjacent bodies of water; and
(i) Site drainage and/or stormwater runoff or flow of water.
(3) A site plan showing county road frontage, any adjacent bodies of water and soil classification;
(4) Any information required by the Health Department for a septic permit;
(5) Any information required by the Highway Department for the issuance of a driveway permit;
(6) Any information needed by the Soil and Water Conservation District (SWCD) to determine the need for a storm water pollution prevention plan (SWPPP); and
(7) Any information needed by the Surveyor's Department to determine the need for a review.
(D) Primary approval; process.
(1) Primary approval/zoning clearance will be granted by the Plan Commission staff upon the completion of a site plan evaluation.
(2) This evaluation will consist of a review of the site plan information and determination that compliance with the Zoning Ordinance and these regulations has been achieved. Deficiencies or noncompliance determinations must be mitigated by redesign or variances granted by the County Advisory Board of Zoning Appeals.
(E) Secondary approval; submittal. The following information is required to be submitted for consideration as secondary approval/building permit:
(1) A septic system or municipal sanitary sewer hookup permit issued by the County Health Department;
(2) A curb cut (driveway) permit for the site issued by the County Highway Department;
(3) A waiver or storm water pollution prevention plan certified by the SWCD;
(4) A deed of dedication, if applicable, in appropriate form as provided in the Elkhart County Advisory Plan Commission Rules of Procedure, executed by authorized owners/representatives and duly acknowledged and notarized, accepted by the Plan Director or Plan Commission Staff, and recorded; and
(5) Surveyor's Department drainage review submittal.
(F) Secondary approval; process. Secondary approval will be granted by the Plan Commission staff in conjunction with the issuance of a building permit once the following requirements have been met:
(1) A septic permit or waiver has been issued by the Health Department;
(2) A driveway permit or waiver has been granted by the Highway Department and primary approval/zoning clearance; and
(3) Surveyor's Department drainage approval.
(Ord. 2009-67, passed 3-2-2009; Ord. PC 2016-20, passed 7-18-2016; Ord. PC 2017-19, passed 10-16-2017; Ord. PC 2018-020, passed 8-20-2018)