A. Classification Of Subdivisions: Before any land is subdivided, the owner of the property proposed to be subdivided, or his authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures, which include two (2) principal steps for a minor subdivision, and two (2) principal steps for a major subdivision:
1. Minor subdivision:
a. Approval by building and zoning administrator.
b. Final plat.
2. Major subdivision:
a. Preliminary plat approval.
b. Final plat.
B. Subdivision Process: All preliminary plats for major subdivisions shall be submitted to the planning and zoning commission for review and recommendation, then shall be reviewed by the board of trustees. The planning and zoning commission's review shall conclude with a recommendation for approval, recommendation for approval with conditions, or recommendation for disapproval.
C. Official Submission Dates: For the purposes of these regulations, for major subdivisions, the date of the application or the filing by the applicant of the last item of required supporting data, whichever is later, unless such time is extended by mutual consent of the applicant and planning and zoning commission, shall constitute the official submission date of the plat on which the statutory period required for formal approval, conditional approval or disapproval of the preliminary or final plat shall commence to run.
D. Coordination Of Flexible Zoning Application With Subdivision Approval:
1. Intent: It is the intent of these regulations that subdivision review be carried out simultaneously with the review of flexible zoning applications under the zoning ordinance. The plans required for flexible zoning applications shall be submitted in a form to satisfy the requirements of this title.
2. General Requirement: Whenever the zoning ordinance authorizes flexible zoning applications which permit density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated, and the application entails the division of land into two (2) or more lots, subdivision approval shall be required in addition to all other procedures and approvals required in the zoning ordinance. Flexible zoning applications shall include, but not be limited to, all special uses and planned development procedures, and shall apply to all such applications, whether before the board of trustees, board of zoning appeals, planning and zoning commission or an administrative officer.
3. Procedure To Be Followed:
a. Preliminary Plat Approval Required: Whenever a flexible zoning application is submitted which involves a subdivision of land as set forth in subsection D2 of this section, the application shall be submitted first to the official authorized to accept the application under the zoning ordinance. The application shall be made on the forms required for a plat and shall include all information required of a preliminary plat application. The building and zoning administrator shall then refer the application to the planning and zoning commission for preliminary plat review. The planning and zoning commission shall also, when applicable under the provisions of the zoning ordinance, make such reviews of use, density, and bulk standards as are required under the flexible zoning regulation. The preliminary plat shall then be forwarded to the board of trustees for review and approval.
b. Referral Back For Zoning Approval: After completing its review, the planning and zoning commission shall refer the preliminary plat with its recommendation of approval, conditional approval, or disapproval, together with such recommendations and reviews of use, density, and bulk standards as it was required to make under the flexible zoning regulation of the zoning ordinance, to the appropriate body or official, as indicated in the zoning ordinance. Application shall then be made to the planning and zoning commission for final plat review. The final plat then will be forwarded to the board of trustees for review and final approval. No building permits or certificates of occupancy shall be issued for the project until the zoning application has been finally approved and the final plat is recorded with the county recorder of deeds.
4. Resubdivisions Of Flexible Zoning Developments:
a. A flexible zoning development or land use plan may be subdivided or resubdivided for purposes of sale or lease after the project plan has been finally approved and development completed or partially completed.
b. If the subdivision or resubdivision of a flexible zoning development will create a new lot line, the applicant shall make application to the planning and zoning commission for review of the subdivision or resubdivision. The planning and zoning commission shall recommend approval of the subdivision to the board of trustees only if an amended zoning application also is approved for the flexible development plan, by the appropriate body or official as indicated in the zoning ordinance, for all provisions governing use, density, and bulk standards. (Ord. 2012-11, 3-13-2012)