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(A) Subdivision of land is permitted in all zoning districts within the planning and zoning jurisdiction of the town.
(B) Subdivision and development plans, and subdivision plats, shall be required for all subdivisions of land, except exempt subdivisions of land, in all zoning districts within the planning and zoning jurisdiction of the town.
(Ord. 03-27, 856-15, passed 12-22-2003)
(A) The Plan Commission shall approve the development plan and site plan for a subdivision of land that requires its approval.
(B) It is hereby required that no plat or subdivision of any lot, or any part thereof, within the towns territorial jurisdiction shall be entitled to be recorded in the county or have any validity until it has been approved in accordance with the criteria of this code.
(Ord. 03-27, 856-25, passed 12-22-2003)
The following subdivisions of land shall be exempt from the requirements of this chapter:
(A) The division of a lot into more than one lot as a part of the settlement of an estate by a court of law.
(B) A division of land for a unit of government to acquire or improve a right-of-way.
(C) An adjustment of lot lines between existing adjoining lots that shall not reduce the area, frontage, width, depth or building setback lines on each lot below the minimum standards in this code, and does not change the number of lots.
(D) A division of land into cemetery plots for public or private burial.
(Ord. 03-27, 856-30, passed 12-22-2003)
(A) Each development plan and site plan shall incorporate improvements that conform to the standards under the zoning ordinance and this chapter.
(B) Except where noted, these requirements are minimum requirements.
(C) Where necessary to accommodate the particular needs of the development plan and site plan under review, or the particular needs of the community outside of the proposed development that will be impacted by the development, the Plan Commission may include higher standards and greater requirements.
(Ord. 03-27, 856-35, passed 12-22-2003)
(A) Before plan approval shall be granted, the Plan Commission shall determine if the development plan and site plan complies with the provisions of the comprehensive plan, the subdivision and zoning ordinances.
(B) In making its determination, the Plan Commission shall review the development plan for, but not limited to, the following.
(1) Compatibility of the development plan with surrounding land uses.
(2) Compatibility of the development plan with the recommendations of the comprehensive plan.
(3) Adequate provisions for internal management of traffic.
(4) Analysis of the capacity of adjacent streets to ensure that they can safely and efficiently accommodate the additional traffic generated by the development.
(5) Adequate provisions for public facilities and infrastructure, and provisions for the extension of infrastructure to adjacent developable properties.
(6) Provisions for the allocation of land for streets, parks, schools, public and semi-public buildings, homes, businesses and industry, as appropriate.
(7) Adequate on-site management of stormwater, and erosion control.
(8) Adequate preservation of healthy trees over 30 inches in diameter, and conservation of sensitive and/or unique natural environments, such as viewsheds, creeks, wetlands and karst landscapes.
(C) However, compliance with these provisions shall not exclude other provisions of the comprehensive plan or other conditions favorable to health, safety and convenience, and the harmonious development of the territorial jurisdiction of the town.
(Ord. 03-27, 856-40, passed 12-22-2003)
(A) No land shall be developed if such land:
(1) Is considered by the Plan Commission as unsuitable for such development by reason of flooding, improper drainage or any topographic feature deemed harmful to the health and safety of the community; or
(2) Shall qualify for environmental review by any environmental condition of the land, which has not been reviewed and/or remediated in accordance with federal and state laws.
(B) Due consideration shall be given by the petitioner to the prevention of air and stream pollution, preservation of trees and unique sensitive habitat, and the proper treatment and disposal of waste and refuse.
(Ord. 03-27, 856-45, passed 12-22-2003)
(A) Whenever the reasonable requirements provided by these regulations shall indicate the necessity for providing for a school site, park or other recreational site, or other public lands within any proposed development, and if such lands have not been dedicated to the city, county, local board of education, or other appropriate public agency, and if no provision has been made for such dedication, then such lands shall be reserved for acquisition, by purchase or other means, by the appropriate agency having jurisdiction over such land for a period of not less than four years.
(B) If the four years has expired without acquisition procedures having begun, the owners of such lands shall have the right to develop such lands in any other manner consistent with these regulations.
(Ord. 03-27, 856-50, passed 12-22-2003)
The petitioner shall employ a registered professional land surveyor or engineer to make an estimate of the probable expenditures necessary to enable the petitioner to build the required improvements in conformance with the standards established in this code and the town.
(Ord. 03-27, 856-55, passed 12-22-2003)
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