(A) General procedures for primary and secondary approval.
(1) Should the Administrator, during sketch plan review, classify the proposed plan division as a major subdivision, the subdivider shall follow the procedures and be subject to the processes outlined in § 150.021(E), and detailed in this section.
(2) In addition to a sketch plan which is reviewed by the Administrator and checkpoint agencies, the applicant seeking approval of a major subdivision shall submit a preliminary subdivision plat to be approved, conditionally approved, or rejected by the Commission at a public meeting, and final subdivision plat which must be found in compliance with the preliminary plat as approved by the Commission or otherwise approved in order to be signed and recorded.
(B) Official submission dates. The deadline for submittal of a sketch plan and application for certificate of approval shall be 61 calendar days prior to the date of the public meeting at which the subdivider intends to present his or her preliminary plat shall be submitted no less than 31 calendar days prior to the public hearing at which it is intended to be heard.
(C) Sketch plan review process.
(1) Within 20 calendar days of the subdivider's sketch plan application submittal, the Administrator shall have studied the proposal, reviewed checkpoint reports received and met with the subdivider to discuss pertinent aspects of the possible modifications and/or changes that may be suggested or required by this chapter.
(2) The Administrator shall request that a representative of each checkpoint agency wishing to be involved in a sketch plan review be present to participate in the sketch plan review meeting.
(3) The Administrator, taking into consideration the requirements of this chapter, shall consider: the location and width of streets; their relations to the topography of the land; sewage disposal; drainage; lot size and arrangement; the further development of adjoining lands as yet unsubdivided; and the requirements of the official map or thoroughfare plan and comprehensive plan as adopted by the participating jurisdictions.
(4) Subsequent to this meeting the Administrator shall provide the participants with a written record of the proceedings of that meeting upon their written request.
(D) Preliminary plat procedures for primary approval.
(1) Submission requirements.
(a) Following the submission, review and report on the sketch plan application, the subdivider may file for primary approval of a preliminary plat.
(b) This submission shall:
1. Be made on forms available at the office of the Commission and be submitted with the lot fee for each lot which was not included in the sketch plan;
2. Include indication of all land which the applicant proposes to subdivide and all land immediately adjacent and across any street or railroad right-of-way, extending 600 feet therefrom, but not more than 2 property owners deep from the proposed subdivision, with the names and addresses of the title owners as shown in the auditor's files. This information may be shown on a separate current plat map reproduction from the auditor's office showing the boundaries of the subdivision superimposed thereon;
3. Be presented in duplicate to the Administrator no later than 31 calendar days prior to the regular meeting of the Commission at which it is intended to be heard;
4. Be accompanied by 10 copies of the preliminary plat as described in this chapter; and
5. Generally comply with the sketch plan as reviewed.
(2) Administrative review. Subsequent to placement on the agenda, and prior to the date of public hearing, the Administrator and other appropriate members of the Commission's staff including its Executive Director may review the proposal and prepare a written report to the Commission and applicant indicating a recommendation with regard to the subdivision being proposed.
(3) Public hearing notification and sign posting requirements.
(a) The Commission shall hold a public hearing on the preliminary plat and notice of the hearing shall be in 2 local newspapers of general circulation 10 days prior to the hearing (per I.C. 5-3-1) at the applicant's expense.
(b) At the time of the public hearing, the applicant shall submit an affidavit stating that the applicant has placed posters provided by the Administrator (advising interested parties of the hearing) at the locations designated by the Administrator on the proposed subdivision property at least 10 days prior to the public hearing and show proofs of publication that the notices of public hearing were published at least 10 days prior to the public hearing.
(c) Interested parties shall also be notified by the applicant of the date, time, place and purpose of the public hearing on the subdivision at least 10 days in advance of the hearing by certified mail.
(d) The applicant shall file with the Commission at the time of the public hearing an affidavit so testifying along with the certified mail receipts provided by the post office.
(4) Primary approval of the preliminary plat.
(a) After the Commission has held a hearing upon the preliminary plat, the Administrator's report, checkpoint recommendations, testimony and exhibits submitted at the public meeting, the applicant shall be advise of any required changes and/or additions.
(b) The Commission shall at a public meeting, grant primary approval or disapprove the preliminary plat. One copy of the preliminary plat shall be returned to the applicant with the date of approval, conditional approval or disapproval and the reasons therefore accompanying the plat within 5 days of the public hearing.
(c) Before the Commission approves a preliminary plat showing parks, reservation(s) or land for another local governmental unit, the Commission shall obtain approval of the park or land reservation from the participating jurisdiction. Primary approval by the Commission is subject to judicial review.
(d) Secondary approval of a subdivision cannot occur until a minimum of 30 days has elapsed since the granting of primary approval, per I.C. 36-7-4-708(d).
Statutory reference:
Paragraph (d) of the statute cited in division (D)(4)(d) was repealed by P.L. 126-2011, § 19.
Paragraph (d) of the statute cited in division (D)(4)(d) was repealed by P.L. 126-2011, § 19.
(5) Field trip. The Commission, at its discretion, upon hearing the request for primary approval, may elect to continue the matter until its next regularly scheduled public meeting, and may schedule a field trip to the site of the proposed subdivision, accompanied by the applicant or his or her representative or any other person or persons at the discretion of the Commission.
(6) Effective period of primary approval.
(a) Unless extended, the primary approval of a preliminary plat shall be effective for a period of 5 years after the date of primary approval, at the end of which time secondary approval of the subdivision must have been obtained and certified by the designated officials.
(b) Any plats not receiving secondary approval within the period of time set forth herein shall be null and void, and the developer shall be required to resubmit a new application for sketch plan review and certificate subject to all the zoning restrictions and subdivision regulations in effect at the time of resubmission.
(c) Upon request of the applicant the Commission may extend the primary approval of a preliminary plat in increments of 2 years beyond an expiration date without further notice and public hearing.
(E) Approval of construction plans.
(1) Submission procedure and requirements. Following the review of the sketch plan and prior to submission of the final plat for secondary approval, the applicant, if he or she wishes to proceed with the subdivision, shall file with the Administrator before starting work on any improvements 3 sets of the detailed plans and specification thereof for approval.
(2) Review process. The Administrator shall immediately refer these plans to the appropriate agencies of the affected participating jurisdictions for review. Once these agencies indicate their approval of the construction plans or 14 working days have elapsed since their distribution without a written response, the Administrator shall stamp the plans approved and return 1 set to the applicant. In no event shall secondary approval (of the final plat) be given prior to approval of the construction plans.
(3) Installation of improvements. The installation of improvements shall be inspected by the appropriate participating jurisdiction. Inspections are required in all instances regardless of whether the work is performed before or after secondary approval. Failure to request or to procure inspection of work performed after the date of this chapter and before secondary approval may be cause for denial of secondary approval.
(F) Final plat procedure (secondary approval).
(1) Submission requirements. Following primary approval or conditional primary approval of the preliminary plat and approval of the construction plans, the applicant, if he or she wishes to proceed with the subdivision, shall file with the Administrator a request for secondary approval of a final plat. The application shall:
(a) Be submitted on forms available at the office of the Commission;
(b) Include the entire subdivision, or section thereof which derives access from an existing state, county or municipal roadway;
(c) Be accompanied by 10 copies of the final plat as described in this chapter;
(d) Totally comply with the ordinance and the terms an conditions of primary approval;
(e) Be accompanied by the performance bond, if required, in a form satisfactory to the Commission Attorney and in an amount established by the Commission upon recommendation of the participating jurisdiction and shall guarantee the completion of all required subdivision and off-site public improvements; and
(f) Be accompanied by any restrictive covenants in a form approved by the Commission, where they have been proposed by the subdivider or required by the Commission.
(2) Determination of conformance (secondary approval).
(a) In order to be recorded, a final plat shall be found to be in conformance with the primary approval by the Commission at a public meeting.
(b) If the final subdivision plat deviates from the preliminary plat that received primary approval, the subdivision plat shall be resubmitted to the Commission at a public hearing for a new primary approval.
(c) Should the subdivider not choose Commission review the Administrator shall within 10 working days, review the items submitted as per division (F)(1) above in order to ascertain the sufficiency as to conformance with the primary approval. If the submission is found to be in conformance and complete, the Administrator shall recommend the signing of the certificate granting secondary approval.
(d) Should the subdivider choose Commission review, the Commission shall determine conformance with the primary approval at a public meeting.
(e) The subdivider shall request Commission review in writing no less than 30 calendar days prior to the date of the public meeting at which he or she intends to have his or her final plat reviewed.
(f) The Commission shall place the matter on its next regular meeting agenda.
(g) The Administrator shall review the proposal and submit a written report and recommendations to the Commission and the applicant; and, at the public meeting, the Commission shall approve or disapprove the final plat.
(h) If granted secondary approval the plat shall be signed by the designated officials.
(i) If not granted secondary approval, then the subdivider shall be informed as to the insufficiency of his or her submittal.
(3) Sectionalizing plats.
(a) Prior to granting secondary approval of a major subdivision plat, the Commission may permit the plat to be divided into 2 or more sections and may impose conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat.
(b) The Commission may require that the performance bond be in such amount as will be commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing.
(c) Sections must contain at least 20 lots or 10% of the total number of lots contained in the approved plat, whichever is less.
(d) The approval of all remaining sections not filed with the Administrator shall automatically expire after 5 years from the date of primary approval of the preliminary plat, unless the expiration date has been extended.
(G) Signing and recording a plat.
(1) Signing of plat.
(a) When the filing of a performance bond is required, the designated officials of the Commission shall endorse approval on the plat by signing the certificate only after the bond and the construction plans have been approved, and all the conditions of the primary approval have been satisfied.
(b) When installation of improvements is required, the designated officials of the Commission shall endorse secondary approval of the plat by signing the certificate after all conditions of the primary approval have been satisfied, all improvements satisfactorily completed and accepted for public maintenance (when required), “as built” construction plans submitted (as required by § 150.060(B)(5)) and a maintenance bond provided (as required by § 150.062(B)).
(c) There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the participating jurisdiction as shown by a certificate signed by the appropriate Board of Works, County Commissioners, Town Council and/or the County Drainage Board that the necessary improvements have been accomplished.
(2) Assurance to subdivider. If the subdivider elects to install all improvements before he or she applies for secondary approval and it is shown that the conditions of this section have been met, and if the final plat completely conforms to the primary approval, the Commission shall have no other recourse than to grant secondary approval.
(3) Recording of final plat.
(a) The designated officials shall sign the certificate which shall be part of the tracing cloth or reproducible mylar of the subdivision plat, plus 2 mylar prints of the subdivision plat.
(b) The mylar prints shall be returned to the subdivider and his or her engineer or surveyor.
(c) It shall be the responsibility of the subdivider in the presence of the Administrator or his or her designee to file the plat with the County Recorder within 30 days of the date of signature.
(d) Failure of the subdivider to file the plat as herein provided within 30 days shall constitute a violation of this chapter.
(1996 Code, Chap. 11, § 3.3) Penalty, see § 150.999