(A) Generally. During sketch plan review, if the Administrator classifies the proposed land division as a major subdivision, then the applicant shall follow the procedures outlined and detailed in this section. In addition to the sketch plan, the applicant shall submit a preliminary subdivision plat, which shall be approved, conditionally approved or rejected by the Commission at a public meeting, and a final subdivision plat, which must be found to be in compliance with the preliminary plat as approved by the Commission in order to be signed and recorded.
(B) Official submission dates. The application and sketch plan shall be submitted at least 61 calendar days before the date of the public meeting at which the applicant intends to present the preliminary plat and at least 31 calendar days before submission of the preliminary plat.
(C) Preliminary plat procedures for primary approval.
(1) Submission requirements. Following the submission, review and report on the sketch plan application, the subdivider may file a preliminary plat for primary approval in the form prescribed in § 155.151 of this chapter. This submission shall:
(a) Be made on forms approved and provided by the Commission and be submitted with a fee of $3 per lot for each lot not included in the sketch plan;
(b) Show all land that the applicant proposes to subdivide and the adjacent land within 100 feet. The application shall include all names and addresses of the owners of adjoining land as shown in the files of the county’s Auditor;
(c) Be presented in duplicate to the Administrator not later than 30 calendar days before the regular meeting of the Commission at which it is requested to be heard;
(d) Be accompanied by ten copies of the preliminary plat as described; and
(e) Generally comply with the sketch plan as reviewed.
(2) Placement on the commission agenda. Subsequent to the submission of the preliminary plat 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 before the date of the public hearing, the Administrator and other individuals serving the Commission in an advisory capacity shall review the proposal and prepare a written report for the Commission and the applicant indicating a recommendation concerning the proposed subdivision.
(4) Public hearing notification. The Commission shall hold a public hearing on the preliminary plat. Notice of such hearing shall be in local newspapers of general circulation at least ten days prior to the hearing, as per I.C. 5-3-1, at the applicant’s expense. Prior to the public hearing, the applicant shall submit proof of publication that the notices of public hearing were properly published. Any interested parties shall also be notified by the applicant by certified mail of the date, time, place and purpose of the public hearing at least ten days in advance of the hearing. At the time of the public hearing, the applicant shall file with the Commission an affidavit so testifying along with the certified mail receipts provided by the Post Office.
(5) Primary approval of the preliminary plat. At the public hearing, the Commission will receive and consider the Administrator’s report, checkpoint agency recommendations, testimony and exhibits submitted at the public hearing. After the hearing on the preliminary plat, the applicant shall be advised of any required changes or additions. The Commission shall approve, conditionally approve or reject the preliminary plat. One copy of the preliminary plat shall be returned to the applicant with the decision and reasons therefor 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 the primary approval.
(6) Effective period of primary approval. Unless extended, primary approval of the preliminary plat 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. Any plats not receiving secondary approval within the specified time shall be null and void, and the applicant shall be required to resubmit a new application for sketch plan review and certificate subject to all zoning restrictions and subdivision regulations in effect at the time of resubmission. Upon the request of the applicant, the Commission may extend the preliminary approval of a preliminary plat in increments of two years beyond an expiration date without further notice and public hearing.
(D) Approval of construction plans.
(1) Following the approval of the preliminary plat and prior to submission of the final plat, if the applicant wishes to proceed with the subdivision, then before starting any work or improvements, he or she shall file with the Plan Commission four sets of the detailed construction plans and specifications in the form prescribed in § 155.152 of this chapter. Said documents must be submitted before beginning any work or improvements. In no event shall final plat approval be given prior to approval of the construction plans.
(2) The Commission shall refer these plans to the appropriate agencies for review and comment. Once these agencies indicate their approval of the construction plans or 14 working days have elapsed without a written response, the Commission shall stamp the plans approved and return one set to the applicant. Revisions and resubmittals of the construction plans as required by review comments shall be at the expense of the applicant.
(3) It shall be the responsibility of the subdivider to submit all necessary documents, plans, specifications and filing fees to the state and county regulatory agencies for consideration of approval as prescribed by their laws and regulations. Such agencies could include, but not necessarily, the state’s Department of Environmental Management, the state’s Department of Natural Resources, the state’s Department of Transportation, the Administrative Building Council and the county’s Health Department. Where applicable, the Commission reserves the right to withhold final acceptance of the subdivision contingent upon receiving approvals from these agencies.
(4) The installation of improvements shall be in accordance with the approved construction plans and shall be inspected by the designated town official. Such inspections are required in all instances regardless of whether the work is performed before or after final plat approval. Failure to request inspection or to proceed without proper notification to the designated official may be cause for a denial of final plat approval.
(E) Final plat procedure (secondary approval).
(1) Submission requirements. Following the approval or conditional approval of the preliminary plat and construction plans, if the applicant wishes to proceed with the subdivision, then he or she shall file with the Commission a request for final plat approval. The application shall be filed on forms available at the office of the Plan Commission and shall:
(a) Include the entire subdivision or section thereof which derives access from an existing state, county or municipal roadway;
(b) Be accompanied by ten copies of the final plat as described in § 155.153 of this chapter;
(c) Totally comply with this chapter and the terms and conditions of primary approval;
(d) 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
(e) Be accompanied by any restrictive covenants, where they have been proposed by the subdivider or required by the Commission, in a form which is approved by the Commission.
(2) Determination of conformance (secondary approval). In order to be recorded, a final plat must be found to be in conformance with the primary approval by the Commission. If the final subdivision plat deviates from the approved preliminary plat, then the subdivision shall be resubmitted to the Commission at a public meeting for a new primary approval. The subdivider shall request in writing a Commission review not less than 30 calender 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; at the public hearing, the Commission shall approve or reject the final plat. If granted secondary approval, then it shall be signed by the Commission. If not granted secondary approval, then the subdivider shall be informed as to the insufficiency of his or her submittal.
(3) Sectionalizing plats. 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. The approval of all remaining sections not filed with the Administrator shall automatically expire after two years from the date of primary approval of the preliminary plat unless the expiration date has been extended.
(F) Signing and recording a plat.
(1) Signing of plat. When the filing of a performance bond is required, the Commission shall endorse approval on the plat by signing the certificate only after the bond and construction plans have been approved and all of the conditions of the primary approval have been satisfied. When the installation of improvements is required, 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 have been satisfactorily completed and accepted for public maintenance, “as-built” construction plans have been submitted and, where required by this chapter, a maintenance bond has been provided.
(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 chapter have been met, and if the final plat completely conforms to the primary approval, then the Commission shall have no other recourse than to grant secondary approval.
(3) Recording of final plat. The Commission shall sign the certificate, which shall be part of the reproducible Mylar prints of the subdivision plat, plus two sets of prints of the subdivision plat. The Mylar prints shall be returned to the subdivider and his or her engineer or surveyor. It shall be the responsibility of the subdivider to file the plat with the county’s 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.
(Ord. 2002-13, passed 9-3-2002) Penalty, see § 155.999