(A) General procedures for primary approval and secondary approval. If the Administrator, upon examination of the sketch plan application, classifies the proposed land division as a minor subdivision, the subdivider shall follow the procedures and be subject to the process outlined in division (I) below, and detailed in this section. In addition to a sketch plan for a minor subdivision submitted by applicant which is reviewed by the Administrator and checkpoint agencies, the Commission shall approve, conditionally approve, or reject the sketch plan at a public hearing. Subsequently, the applicant shall submit for secondary approval a final subdivision plat which must be found in compliance with the sketch plan as approved by the Commission at public hearing in order to be signed and recorded.
(B) Official submission date and placement on the agenda. An application for sketch plan approval shall be submitted no less than 30 calendar days prior to a regularly scheduled public meeting of the Commission at which the proposal is intended to be acted upon. The Administrator shall place such 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.
(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 proposed subdivision and 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 that wishes 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 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 the meeting, the Administrator shall provide the participants with a written record of the proceedings of that meeting.
(D) Administrative review. Subsequent to placement of the agenda, and prior to the date of 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.
(E) Public hearing notification and sign posting requirements. The Commission shall hold a public hearing on the sketch plan, 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 him or her 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 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.
(F) Primary approval of the sketch plan. 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 hearing, 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 therefor accompanying the sketch plan within five days after the public hearing. Primary approval by the Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until the minimum of 30 days has elapsed since the granting of primary approval or conditional approval or conditional primary approval.
(G) Effective period of primary approval. Unless extended, the primary approval of a minor subdivision sketch plan shall be effective for a period of two 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 written application of the applicant, the Commission may extend the primary approval of a minor sketch plan in increments of two years beyond an expiration date without further notice and public hearing.
(H) Final subdivision plat procedure for secondary approval.
(1) Application requirements.
(a) 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 an application for secondary approval of a subdivision plat. The application shall:
1. Be submitted on forms available at the office of the Commission;
2. Include the entire subdivision or section thereof;
3. Be accompanied by ten copies of the final subdivision plat as described in this chapter;
4. Totally comply with this chapter and the terms and conditions of primary approval; and
5. 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.
(b) When installation of improvements is required, the designated officials of the Commission shall endorse secondary 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 § 150.075(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 plat.
(a) The designated officials shall sign the certificate granting secondary approval 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 applicant 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.
(I) Approval process for minor subdivisions.
(Ord. 5-1992, passed 7-21-1992) Penalty, see § 150.999