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(A) This chapter shall not be construed as abating any action now pending under, or by virtue of prior existing subdivision control regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the town under any rights obtained by any person, firm or corporation, by lawful action of the town except as shall be expressly provided for in this chapter.
(B) Upon the adoption of this chapter according to law, the Subdivision Control Chapter of the Town of Fremont adopted October, 1980, as amended is hereby repealed, except for sections expressly retained herein.
(C) (1) For the purpose of providing for the public health, safety and general welfare, the town, on recommendation of the Commission, may from time to time amend these subdivision provisions.
(2) Public hearings on all proposed amendments shall be held by the Commission and/or the town in the manner prescribed by law.
(D) (1) Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to this municipality.
(2) The developer has the duty of compliance with reasonable conditions laid down by the Commission for design, dedication, improvement and restrictive use of the land in order to conform to the physical and economical development of the town and to the safety and general welfare of the future plot owners in the subdivision and of the town at large.
(1996 Code, Chap. 11, §§ 1.7 through 1.10)
(A) Procedure for resubdivision. For any change in map of an approved or recorded subdivision plat, if the change affects any street layout shown on the map, or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any provisions controlling subdivisions, the parcel shall be approved by the Commission by the same procedure, rules and regulations as for a subdivision.
(B) Procedure for subdivisions where future resubdivision is indicated.
(1) Whenever a parcel of land is subdivided and the subdivision plat shows 1 or more lots containing more than 1 acre of land and there are indications that the lots will eventually be resubdivided into smaller building sites, the Commission may require that the parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets.
(2) Easements providing for the future opening and extension of streets may be made a requirement of the plat.
(1996 Code, Chap. 11, § 1.11)
(A) Any recorded plat or part of any recorded plat may be vacated only in accordance with I.C. 36-7-3 as amended.
(B) (1) General. Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these provisions and/or the purposes of these provisions may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision control provisions so that substantial justice may be done and the public interest secured, provided that the variances shall not have the effect of nullifying the intent and purpose of this chapter; and further provided the Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(a) The granting of the variance will not be detrimental to the public safety, health or welfare; or injurious to other nearby property;
(b) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not generally applicable to other property;
(c) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these provisions is carried out; and
(d) The variance will not in any manner contravene the provisions of the Zoning Chapter, comprehensive plan or official map as interpreted by the Commission and the town engineer.
(2) Conditions. In approving variances, the Commission may require conditions that will, in its judgment, secure substantially the objectives of the standards or requirements of this chapter.
(3) Procedures. A petition for any variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(C) (1) It shall be the duty of the Administrator to enforce this chapter and to bring any violations or lack of compliance to the attention of the Commission Attorney.
(2) No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any parcel before a plat of subdivision has been approved by the Commission, in accordance with the provisions of this chapter, and filed with the County Recorder.
(3) The division of any lot or any parcel of land into a subdivision, as defined in this chapter, by the use of metes and bounds description for the purpose of sale, or transfer or lease resulting in the creation of 1 or more new building sites shall not be permitted. All like described divisions shall be subject to all of the appropriate requirements of this chapter.
(4) No improvement location permit or building permit required under the Uniform Building Code, the Zoning Chapter or this chapter shall be issued on any property subject to this chapter until the provisions of this chapter have been complied with.
(D) (1) Any land within the jurisdiction subdivided in violation of the terms of this chapter after the effective date hereof, is hereby declared to be a common nuisance, which may be restrained, enjoined or abated in any appropriate action or proceeding.
(2) The Commission may institute an injunction suit requesting an individual or governmental unit be directed to remove a structure erected in violation of this chapter, or to make the same comply with its terms. If the Commission is successful in its suit, the respondent shall bear the costs of the action, including reasonable attorney fees.
(3) The Commission may institute a suit for mandatory injunction requesting an individual or governmental unit be directed, where an individual or governmental unit has violated any provisions of this chapter, to comply with the provisions of this chapter. If the Commission is successful in its suit, the respondent shall pay the Commission's reasonable attorney fees and all costs related to the enforcement of this chapter.
(1996 Code, Chap. 11, §§ 1.12 through 1.14) Penalty, see § 150.999
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