(A) Generally. Should the Administrator, upon examination of the sketch plan application, classify the proposed land division as a minor subdivision, then the subdivider shall follow the procedures and be subject to the process outlined in this section. In addition to a sketch plan 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. An application for sketch plan approval shall be submitted not less than 30 calender 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 a complete application is submitted.
(C) Sketch plan review process. Within 20 calender days of the subdivider’s sketch plan application submittal, the Administrator shall have studied the proposal, reviewed received checkpoint agency reports and met with the subdivider to discuss pertinent aspects of the proposed subdivision and possible modifications or changes which 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 the 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 Comprehensive Plan as adopted.
(D) 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’s staff, including its Director, shall review the proposal and prepare a written report to the Commission and the 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. Notice of such hearing shall be published in at least one local newspaper of general circulation ten days prior to the hearing, as per I.C. 5-3-1, at the applicant’s expense. At the time of the public hearing, the applicant shall show proof of publication that the notices of public hearing were published as required. Interested parties shall be notified by the applicant by certified mail of the date, time, place and purpose of the public hearing on the subdivision 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.
(F) Primary approval of the sketch plan. After the Commission has examined the sketch plan, Administrator’s report, checkpoint agency recommendations, testimony and exhibits submitted, the Commission shall approve, conditionally approve or reject the sketch plan at a regularly-scheduled hearing. One copy of the sketch plan shall be returned to the applicant within five days after the public hearing with the date of approval, conditional approval or rejection and the reasons therefore accompanying the sketch plan. 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 or conditional primary approval.
(G) Effective period of primary approval. Unless extended, the primary approval of a minor 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 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 of the zoning restrictions and subdivision regulations in effect at the time of resubmission. Upon a 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. Following approval or conditional approval of the sketch plan, if the applicant wishes to proceed with the subdivision, then he or she shall file with the Administrator an application for secondary approval of a subdivision 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 ten copies of the final subdivision plat as described in § 155.153 of this chapter;
(d) Totally comply with this chapter and the terms and conditions of approval;
(e) Be accompanied by a performance bond, if required, in a form satisfactory to the Commission Attorney and in an amount established by the Commission upon the recommendation of the participating jurisdiction; said bond shall guarantee the completion of all required subdivision and off-site public improvements; and
(f) Be accompanied by restrictive covenants, where proposed by the subdivider or required by the Commission, in a form approved by the Commission.
(2) Determination of conformance (secondary approval). In order to be recorded, a final subdivision plat must be found to be in conformance with the approved sketch plan by the Commission. If the final subdivision plat deviates from the sketch plan that received primary approval, then the subdivision shall be resubmitted to the Commission at a public hearing for a new primary approval. The subdivider shall request in writing a Commission review no less than 30 calender days prior to the date of the public hearing at which he or she intends to have his or her final plat reviewed. The Commission shall place the matter on its next regular hearing 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 give secondary approval of or reject the final plat. If approved, then it shall be signed by the Commission. If not approved, then the subdivider shall be informed as to the insufficiency of his or her submittal.
(I) Signing and recording a plat.
(1) Signing of plat.
(a) When the filing of a performance bond is required, the Commission shall endorse approval on the plat by signing the certificate after the bond and construction plans have been approved and all conditions of the primary approval have been satisfied.
(b) When the installation of improvements is required, 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 have been satisfactorily completed and accepted for public maintenance, when required, “as built” construction plans have been submitted and a maintenance bond, as may be required by this chapter, 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 plat. The Commission shall sign the certificate granting secondary approval, which shall be part of the reproducible Mylar print 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. 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 within 30 days shall constitute a violation of this chapter.
(Ord. 2002-13, passed 9-3-2002) Penalty, see § 155.999