(A) Any subdivision of land wherein a proposed lot(s) are provided access from, or have frontage on, a new street or private drive shall be reviewed as follows:
(1) Application, primary plat drawing, and required documentation shall be filed in accordance with this Chapter and the Rules of Procedure of the Commission.
(2) Within 30 days after receipt of the application for primary plat approval, the Department shall announce the date for a public hearing before the Commission.
(3) Prior to the scheduled public hearing before the Commission, the Plat Committee and Department shall review the primary plat for conformance with the regulations of this chapter and the Zoning Ordinance. The Plat Committee and Department shall prepare a report and submit its findings to the Commission prior to the primary plat public hearing.
(4) A public hearing shall be held by the Commission on the primary plat. Notice to interested parties shall be in accordance with the Rules of Procedure of the Commission. The Commission shall make written findings of fact prior to making a decision on the primary plat.
(5) The Commission may approve a primary plat only upon a determination in writing that:
(a) The primary plat 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) Adequate vehicular access facilities are provided for by the applicant; and
(e) A city, county or state driveway approach permit can be obtained for each lot.
(6) The Commission shall make an affirmative finding on each of the factors described in § 156.10(A)(5) in order to approve a primary plat. The decision of the Commission shall be signed by the President of the Commission.
(7) The Commission may impose reasonable conditions as a part of its approval.
(8) Primary plat approval or disapproval by the Commission or the imposition of a condition on primary plat approval is a final decision of the Commission that may be reviewed as provided in IC 36-7-4-1016.
(9) Application for secondary plat approval shall be submitted within two years from the date of approval of the primary plat, or primary plat approval becomes invalid. If the secondary plat is for only a section or phase of the primary plat, the entire primary plat remains valid. All plans and documentation required for secondary plat shall be submitted with the application.
(10) The secondary plat shall be reviewed by the Plat Committee and Department. The Plat Committee may approve a secondary plat only upon a determination in writing that:
(a) The secondary plat is in compliance with all applicable city codes and ordinances;
(b) The secondary plat is consistent with the approved primary plat; and
(c) All conditions of approval of the primary plat are complied with.
(11) If the secondary plat is inconsistent with the approved primary plat, the Plat Committee may defer the plat to the Commission. The Commission may require the applicant to refile for primary plat approval.
(12) The Plat Committee may defer any secondary plat to the Commission for their review and decision.
(13) Secondary plat approval shall not occur until a minimum of 30 days after the date of primary plat approval.
(14) The Plat Committee shall make an affirmative finding on each of the factors described in § 156.10(A)(10) in order to approve a secondary plat. The decision of the Plat Committee shall be signed by the President of the Plat Committee.
(15) The Plat Committee may impose reasonable conditions as a part of its approval.
(16) An applicant may appeal to the Commission any decision of the Plat Committee. An appeal must be filed within ten days of the date of the Plat Committee's decision.
(17) If a secondary plat is deferred or appealed to the Commission, the Commission shall consider the factors described in § 156.10(A)(10). An affirmative finding shall be made on each factor in order to approve a secondary plat. The decision of the Commission shall be signed by the President of the Commission.
(18) The Commission may impose reasonable conditions as a part of its approval of a secondary plat.
(19) If secondary plat approval or denial is decided by the Commission because of an appeal or deferral from the Plat Committee, the approval or denial is a final decision of the Commission that may be reviewed as provided in IC 36-7-4-1016.
(20) Once a secondary plat is approved, the required signatures within the certification blocks on the plat shall be obtained prior to recording the secondary plat.
(21) The signed secondary plat shall be recorded by the applicant in the Huntington County Auditor's and Recorder's Office. The secondary plat shall be recorded within one year from the date of its approval or it becomes invalid.
(22) The secondary plat shall remain in the Department office until the date it is recorded by the applicant.
(Ord. 14-C-00, passed 10-10-00; Am. Ord. 17-C-14, passed 7-29-14)