(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