(A) General procedures for primary and secondary approval. If the Administrator, during sketch plan review, classifies the proposed land division as a major subdivision, the subdivider shall follow the procedures and be subject to the processes outlined in division (H) below, and detailed in this section. In addition to a sketch plan submitted by applicant 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 hearing. Subsequently the applicant shall submit for secondary approval a final subdivision plat which must be found in compliance with the preliminary plat as approved by the Commission at a public hearing 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 hearing at which the subdivider intends to have his or her preliminary plat submission heard, and 31 calendar days prior to the deadline for the submission of the preliminary plat. Thus, as a minimum, sketch plan submission shall precede preliminary plat submission by no less than 31 calendar days, which in turn shall precede the public hearing at which it is intended to be heard by no less than 30 calendar days.
(C) Sketch plan review process. 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. 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. In taking into consideration the requirements of this chapter, particular attention shall be given to the arrangement, location, and width of streets, their relation 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 city. Subsequent to this meeting, the Administrator shall provide the participants with a written record of the proceedings of that meeting.
(D) Preliminary plat procedures for primary approval.
(1) Submission requirements. Following the submission, review, and report on the sketch plan application, the subdivider may file for primary approval of a preliminary plat. This submission shall:
(a) Be made on forms available at the office of the Commission and be submitted with a fee of $5 per lot for each lot which was not included in the sketch plan;
(b) 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 two property owners deep from the proposed subdivision, with the names and addresses of the title owners as shown in the County Auditor’s files. This information may be shown on a separate current plat map reproduction from the County Auditor’s office showing the boundaries of the subdivision superimposed thereon;
(c) Be presented in duplicate to the Administrator no later than 30 calendar days prior to the regular meeting of the Commission at which it is intended to be heard;
(d) Be accompanied by ten copies of the preliminary plat as described in this chapter; and
(e) Generally comply with the sketch plan as reviewed.
(2) Placement on the Commission agenda. Subsequent to the submission for primary approval, the Commission shall place the matter on its next regular meeting agenda for formal action.
(3) Administrative review. Subsequent to placement on the agenda, and prior to the date of the public hearing, the Administrator and other appropriate members of the Commission shall review the proposal and prepare a written report to the Commission and applicant indicating a recommendation with regard to the subdivision being proposed.
(4) Public hearing notification and sign posting requirements. The Commission shall hold a public hearing on the preliminary plat and notice of such hearing shall be in one local newspaper of general circulation ten days prior to the hearing (per I.C. 5-3-1) at the applicant’s expense. 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 ten days prior to the public hearing and show proof of publication that the notice of public hearing was published at least ten days prior to the public hearing. 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 ten days in advance of the hearing by certified mail with return receipt requested. The applicant shall file with the Commission at the time of the public hearing an affidavit so testifying along with the proof of mailing by certified mail, with return receipt requested as date mailed by the post office as to the time of mailing and with any return receipts actually received by applicant prior to the public hearing.
(5) Primary approval of the preliminary plat. After the Commission has held a hearing upon the preliminary plat, the Administrator’s report, checkpoint recommendations, testimony, and exhibits submitted at the public hearing, the applicant shall be advised on any required changes and/or additions. The Commission shall, at a public hearing, 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 therefor accompanying the plat within five days of the public hearing. Primary approval by the Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until a minimum of 30 days has elapsed since the granting of primary approval.
(6) 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.
(7) Effective period of primary approval. Unless extended, the primary approval of a preliminary plat shall be effective for a period of five 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 President and Secretary of the Commission. 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. Upon request of the applicant, the Commission may extend the primary approval of a preliminary plat in increments of two 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 three sets of the detailed plans and specifications thereof for approval.
(2) Review process. The Administrator shall immediately refer these plans to the checkpoint agencies 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 one 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 Administrator. Such 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 applicant 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 ten copies of the final subdivision plat as described in this chapter;
(d) Totally comply with the chapter and the terms and 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 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 proposed by the subdivider or required by the Commission.
(2) Determination of conformance (secondary approval).
(a) In order to be recorded, a final subdivision plat shall be found to be in conformance with the primary approval by the Commission at a public meeting. 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. 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 the public meeting, the Commission shall give secondary approval or disapproval of the final plat.
(b) If granted secondary approval, the final plat shall be signed by the designated officials of the Commission. If not granted secondary approval, the subdivider shall be informed as to the insufficiency of his or her submittal. In the event the final subdivision plat deviates from the preliminary plat that received primary approval, the subdivision shall be resubmitted to the Commission at a public hearing for a new primary approval.
(3) Sectionalizing plats.
(a) Prior to granting secondary approval of a major subdivision plat, the Commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. 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. Such sections must contain at least 20 lots or 10% of the total number of lots contained in the approved plat, whichever is less.
(b) The approval of all remaining sections not filed with the Administrator shall automatically expire after five years from the date of primary approval of the preliminary plat, unless the expiration date has been extended.
(G) Signing and recording 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 § 150.075(B)(5) and a maintenance bond provided (as required by § 150.077(B). Written evidence shall be furnished that the required public facilities have been installed in a manner satisfactory to the City Board of Works as shown by a certificate signed by the City Board of Works.
(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 the chapter 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 two Mylar prints of the subdivision plat. The Mylar prints shall be returned to the subdivider and his or her engineer or surveyor.
(b) The subdivider, in the presence of the Administrator or his or her designee, shall record 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.
(H) Approval process for major subdivisions.
(Ord. 5-1992, passed 7-21-1992) Penalty, see § 150.999