(A) Subdivision of land wherein all proposed lot(s) have frontage on an approved street or private drive shall be reviewed as follows:
(1) Application, primary plat survey, and required documentation shall be filed in accordance with this chapter and the Rules of Procedure of the Commission.
(2) All applications filed shall be reviewed by the Plat Committee in accordance with the review schedule established by the Committee.
(3) The Plat Committee meeting shall be open to the public. Notice to interested parties and legal notice publication is not required. The Commission shall make written findings of fact prior to making a decision on the subdivision.
(4) When reviewing the application, the Plat Committee may consider any of the following factors, including but not limited to:
(a) Proximity of proposed lot(s) to structures and other improvements on neighboring properties;
(b) Topography of the proposed lot(s) and adjacent area;
(c) Soil classification of the proposed lot(s) and adjacent area;
(d) Size of the proposed lot(s) as it relates to storm water runoff;
(e) Watershed;
(f) Ability to provide acceptable access to each lot.
(5) Based upon the review of the application, the Plat Committee may require the following before making a decision on the application:
(a) Submittal of a drainage plan, which shall include a proposal for the management of storm water runoff from the proposed new lot(s);
(b) Application and approval of a drive cut permit from the City Engineer, Huntington County Highway Department or Indiana Department of Transportation, as appropriate;
(c) Approval of the Huntington County Drainage Board, if applicable;
(d) Soils evaluation to determine the ability of the proposed lot(s) to support a septic system
(6) The Plat Committee may approve a primary plat only upon a determination in writing that:
(a) The minor subdivision is in compliance with all applicable city codes and ordinances;
(b) Adequate water, sewage, and other utility services can be obtained for each proposed lot;
(c) Adequate storm water management facilities are provided for each lot;
(d) A city, county or state driveway approach permit can be obtained for each lot.
(7) The Plat Committee shall make an affirmative finding on each of the factors described in § 156.09(A)(6) in order to approve a primary plat. The decision of the Plat Committee shall be signed by the President of the Plat Committee.
(8) The Plat Committee may impose reasonable conditions as part of its primary plat approval. Reasonable conditions include, but are not limited to:
(a) Shared vehicular access points for driveways;
(b) Swales and detention basins to detain storm water runoff;
(c) Protection of an area on the lot from soil disturbance;
(d) Relocation of known field tiles;
(e) Providing a way for the natural flow of water to cross the lot.
(9) The Plat Committee may defer any decision on primary plat approval to the Commission for its review and decision.
(10) An applicant may appeal to the Commission any primary plat decision of the Plat Committee. An appeal must be filed within ten days of the date of the Plat Committee's decision.
(11) The Commission may impose reasonable conditions as a part of its primary plat approval.
(12) Primary plat approval or disapproval by the Commission, or the imposition of a condition on primary plat, is a final decision of the Commission that may be reviewed as provided in IC 36-7-4-1016.
(13) Secondary plat approval under IC 36-7-4-710 shall not occur until after expiration of the time provided for under the appeal section of IC 36-7-4-708. All plans and documentation required for secondary plat shall be submitted with the application.
(14) The secondary plat shall be reviewed by the Director. The Director may approve a secondary plat only upon a determination that:
(a) No appeal has been filed; and
(b) All conditions placed upon the primary plat approval have been satisfied.
(15) The Director shall acknowledge its approval by affixing appropriate signatures to the face of the plat.
(16) The approved secondary plat must be recorded within two years from the date of secondary plat approval. Failure to do so shall void the plat.
(17) If the secondary plat is inconsistent with the approved primary plat, the Director may defer the plat to the Commission. The Commission may require the applicant to refile for primary plat approval.
(18) The Plat Committee may defer any decision on secondary plat to the Commission for its review and decision.
(19) An applicant may appeal to the Commission any decision of the Director. An appeal must be filed within ten days of the date of the Director's decision.
(20) If secondary plat approval or denial is decided by the Commission because of an appeal or deferral from the Director, the approval or denial is a final decision of the Commission that may be reviewed as provided in IC 36-7-4-1016.
(Ord. 14-C-00, passed 10-10-00; Am. Ord. 17-C-14, passed 7-29-14)