(A) General procedures for primary approval. Should the Administrator, upon examination of the sketch plan application, classify the proposed land division as a minor subdivision, the subdivider shall follow the procedures and be subject to the process outlined in division (D), and detailed in this section. In addition to a sketch plan which is reviewed by the Administrator and checkpoint agencies for primary approval by the Commission, the applicant seeking approval of a minor subdivision shall submit for secondary approval a final subdivision plat which must be found in compliance with the sketch plan or otherwise approved by the Commission in order to be signed and recorded.
(B) Official submission date and placement on the agenda.
(1) An application for sketch plan approval shall be submitted no less than 30 calendar days prior to a regularly scheduled meeting of the Commission at which the proposal is intended to be acted upon.
(2) The Administrator shall place the application on the agenda of the first regularly scheduled meeting of the Commission to occur 30 days after the date on which a complete application is submitted.
(1996 Code, Chap. 11, § 3.3)
(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 propose subdivision and 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 that wishes to be involved in a sketch plan review be present to participate in the sketch plan review meeting.
(3) In taking into consideration the requirements of this chapter, particular attention shall be given to sewage disposal, drainage, lot size and arrangement, the further development of adjoining lands as yet unsubdivided, and the requirement of the official map or thoroughfare plan and comprehensive plan as adopted by the participating jurisdictions. Subsequent to the meeting, the Administrator shall provide the participants with a written record of the proceedings of that meeting upon written request.
(D) Time line approval process for minor subdivisions.
(1) Administrator classifies proposed subdivision as a minor subdivision.
(2) At least 30 calendar days prior to a regularly scheduled Commission meeting, application is made for sketch plan approval.
(3) Within 20 calendar days of submittal, the Administrator reviews sketch plan and check-point agency reports, meets with applicant to discuss necessary modifications, if any, and makes written report to Commission and applicant.
(4) Ten calendar days prior to initial public meeting, the appropriate public hearing notifications and postings must have been made.
(5) Public meeting is held. The decision to approve, conditionally approve or disapprove sketch plan is made. Approval of sketch plan is effective for 2 calendar years.
(6) At least 30 calendar days must elapse before secondary approval is granted.
(7) All materials for final sketch plan approval are submitted.
(8) Administrative review: within 10 calendar days, the Administrator reviews all materials and makes written recommendation.
(9) Commission review: 30 calendar days prior to public meeting, written request for Commission review is submitted. At public meeting, approval or disapproval of sketch plan is determined. Plat may be sectionalized at this time.
(10) Within 30 calendar days of signed approval, plat must be filed with County Recorder.
(1996 Code, Chap. 11, Figure 3-3)
(E) 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 staff including its Executive Director shall review the proposal and prepare a written report to the Commission and applicant indicating a recommendation with regard to the subdivision being proposed.
(F) Public hearing notification and sign posting requirements.
(1) The Commission shall hold a public hearing on the sketch plan and notice of 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.
(2) 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 in advance of the hearing.
(3) 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 or in person.
(4) The applicant shall file with the Commission at the time of the public hearing an affidavit so testifying, along with the certified mail receipts provide by the post office.
(G) Primary approval of the sketch plan.
(1) After the Commission has at a regularly scheduled hearing, examined the sketch plan, Administrator's report, checkpoint recommendations, testimony and exhibits submitted, the Commission shall, at a regularly scheduled meeting, approve, conditionally approve or disapprove the sketch plan. One copy of the sketch plan shall be returned to the applicant with the date of approval, conditional approval or disapproval and the reasons therefore accompanying the sketch plan within 5 days after the public meeting.
(2) Primary approval by the Commission is subject to judicial review.
(3) Secondary approval of a subdivision cannot occur until the minimum of 30 days has elapsed since the granting of primary approval or conditional approval per I.C. 36-7-4-708(d).
Statutory reference:
Paragraph (d) of the statute cited in division (G)(3) was repealed by P.L. 126-2011, § 19.
Paragraph (d) of the statute cited in division (G)(3) was repealed by P.L. 126-2011, § 19.
(H) Effective period of primary approval.
(1) Unless extended, the primary approval of a minor sketch plan shall be effective for a period of 2 years after the date of primary approval, at the end of which secondary approval of the subdivision must have been obtained and certified by the President and Secretary of the Commission.
(2) 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.
(3) Upon written application of the applicant, the Commission may extend the primary approval of a minor sketch plan in increments of 2 years beyond an expiration date without further notice and public hearing.
(I) Final subdivision plat procedure for secondary approval.
(1) Application requirements. Following approval or conditional approval of the sketch plan, the applicant, if he or she wishes to proceed with the subdivision, shall file with the Administrator a request for secondary approval of the 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;
(c) Be accompanied by 10 copies of the final subdivision plat as described in this chapter;
(d) Totally comply with this chapter and the terms are conditions of 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 restrictive covenants in a form approved by the Commission.
(2) Determination of a conformance (secondary approval).
(a) In order to be recorded, a final subdivision plat shall either 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 sketch plan that received primary approval, the subdivision 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 this chapter in order to ascertain 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 primary approval at a public meeting. The subdivider shall request in writing Commission review 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.
(e) The Commission shall place the matter on its next regular meeting agenda; the Administrator shall review the proposal and submit a written report and recommendations to the Commission and the applicant; and, at public meeting, the Commission shall give secondary approval or disapproval of the final plat.
(f) If approved it shall be signed by the designated officers of the Commission. If not approved, 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 minor 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 an amount as is commensurate with the section or sections of the plat to bond principal amount until the remaining sections of the plat are offered for filing.
(J) 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 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 approval on 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).
(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 plat.
(a) The designated officials shall sign the certificate granting secondary approval which shall be a part of the tracing cloth or reproducible mylar of the subdivision plat, plus 2 Mylar prints of the subdivision plat. The mylar prints shall be returned to the applicant and his or her engineer or surveyor.
(b) It shall be the responsibility of the subdivider in the presence of the Commission's Administrator or his or her designee to file the plat with the County Recorder within 30 days of the date of signature. 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, § 3.4) Penalty, see § 150.999