(A) A subdivider desiring conditional approval of a preliminary plat of any land lying within the jurisdiction of the Commission shall submit to the Executive Director a written application for a certificate of approval and nine copies of the preliminary plat. The application shall specify the intent of the subdivider with respect to land use, drainage, sewage disposal, water supply, street improvements, the manner in which the proposed subdivision is coordinated with the Comprehensive Plan and its provisions and specifically with the requirements of the thoroughfare plan; school and recreation sites and other developments existing and proposed in the vicinity; what, if any, restrictions exist or are to be placed on the property to be subdivided and the expected dates of development of the subdivision or sections thereof. No land shall be subdivided unless it is in conformance with a land use control resolution or with the zoning ordinance as now or hereafter adopted. (Refer to § 154.051 for residential zoning and regulations.)
(B) At the time of filing an application for tentative approval of a plat, the application shall be accompanied by cash, check or money order, for each lot in the proposed subdivision, payable to the County Area Plan Commission Non-Reverting Funds, to cover the cost incurred by the Commission in checking and verifying the plat. Minor subdivision may be reviewed in house by the Executive Director without advertisement, public notice or the need to be brought before the Board. The individual parcels in a minor subdivision can be described by metes and bounds description. A minor subdivision (preliminary and final) that goes before the County Area Plan Commission has a charge for each lot in the proposed subdivision.
(C) Upon receipt of the application, the Executive Director, if he or she determines that the standards and requirements of this chapter have been met, shall:
(1) Under § 153.018, a minor subdivision plat may be reviewed in house by the Executive Director, unless they are required to go before the Area Plan Commission;
(2) Set a date for a hearing before the Commission or with the Executive Director for in house approval;
(3) Notify the applicant in writing; and
(4) Notify by general publication, any person or governmental unit having a probable interest in the proposed plat.
(D) The cost of publishing the notice of hearing shall be paid by the applicant prior to the approval of the preliminary plat. At least ten days before the date of the hearing, the Executive Director shall refer three copies of the preliminary plat to the Commission, one copy to the County Surveyor, one copy to the Clerk-Treasurer of North Vernon or one copy to the Clerk-Treasurer of Vernon as applicable, one copy to the Superintendent of the Consolidated School Corporation, and one copy to the Board of County Commissioners.
(E) If the Executive Director determines that the standards in this chapter have not been met, he or she shall reject the application and provided the petitioner with a written specification of the items of non-compliance. If, upon a second submission, made not sooner than 30 days after the first, the application is again rejected by the Executive Director, the applicant may request a hearing before the Commission.
(1) If, after the hearing, the Commission determines that the application and plat comply with the standards set forth in this chapter, it shall approve and fix the Commission’s seal upon the plat, together with a certificate disclosing that proper public notice of the hearing has been given and that a majority of the Commission members concur in its approval. The certificate shall be signed by the President of the Commission and be attested to by the Secretary of the Commission. The plat shall be submitted to the appropriate governing body, being the county, the City of North Vernon or the Town of Vernon for their review before the final plat process.
(2) If the Commission disapproves the plat, it shall set forth its reasons in its own records and provide the applicant with a copy.
(Ord. 2, passed 8-14-2006)