(A) General procedures for primary and secondary approval. In addition to a sketch plan which is reviewed by the staff and checkpoint agencies, the applicant seeking approval of a major subdivision shall submit a primary subdivision plat to be approved, conditionally approved, or rejected by the Plan Commission at a public hearing. Then a secondary subdivision plat shall be submitted which must be found in compliance with the primary plat as approved by the Plan Commission at a public hearing.
(B) Procedures for primary plat approval.
(1) Submission requirements. Following the submission, review and report on the sketch plan application, the subdivider may file for primary plat approval. This submission shall:
(a) Be made on forms available at the office of the Commission and be submitted with fee of $500;
(b) Include indication of all land which the applicant proposes to subdivide and all land immediately adjacent thereto;
(c) Be presented to the staff of the Commission no later than the first of the month prior to the month of the regular meeting of the Commission at which it is intended to be heard;
(d) Be accompanied by 18 copies of the primary plat as described in this chapter; and
(e) Generally comply with the sketch plan as reviewed.
(2) Placement on the Commission agenda. Subsequent to the submission for primary approval, the Commission shall place the matter on its next regular meeting agenda for formal action provided the application is received by the first day of the month prior to the month of the regular meeting and all necessary agency approvals are received by the fifteenth day of the month prior to the month of the regular meeting.
(3) Checkpoint agencies. Upon receipt of the 18 copies, the primary plat shall be held for five business days for review by the Plat Officer to determine conformity with this chapter. If plats are determined to be in conformity, the Plat Officer shall affix the plans with the appropriate Plan Commission stamps, authorizing the subdivider to deliver one copy to the post office, two copies each to the Lake County Surveyor, Lake County Highway Superintendent, Lake County Health Officer, Lake County Soil and Water Conservation District, and three copies each to the utility companies servicing the area, leaving two copies with the Plat Officer. Only after the plans are stamped, may the subdivider pay the filing fees and be issued a receipt. Primary Plat is not considered filed until filing fees have been paid.
(a) In addition, the subdivider shall obtain comment from any other groups or agencies deemed necessary by the Plat Officer including the State Board of Health and the Department of Natural Resources.
(b) The officials who are in receipt of copies of the primary plat shall review the plat and register in writing any comments they may have. These written comments shall be delivered to the Plan Commission office by the fifteenth day of the month prior to the month for which Plan Commission consideration is requested. It shall be the responsibility of the subdivider or his or her agent to deliver all required comments, reports, and/or recommendations within the specified date requirements. Failure to have all required comments submitted by the stipulated deadline shall delay Commission consideration.
(4) Staff review. Subsequent to placement on the agenda, and prior to the date of public hearing, the Commission's staff shall review the proposal and prepare a written report to the Commission and applicant indicating staff's recommendation with regard to the subdivision being proposed.
(5) Public hearing notification. The Commission shall hold a public hearing on the primary plat and notice of the hearing shall be in accordance with I.C. 5-3-1 at the applicant's expense. Before the time of the public hearing, the applicant shall show proofs of publication that the Notices of Public Hearing were published at least ten days prior to the public hearing. Interested parties shall be notified by first class mail of the date, place, and purpose of the public hearing on the subdivision at least ten days in advance of the hearing.
(6) Approval of the primary plat. After the Commission has held a hearing on the primary plat, the staff's report, checkpoint recommendations, and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Commission shall, at a public meeting, grant primary approval, conditional approval, continuance, or disapprove the primary plat. Not later than ten days after the Plan Commission meeting, the Plat Officer shall notify the subdivider in writing of the Commission's action on the primary plat, giving reasons for any disapproval. Before the Commission grants primary approval of a plat showing park reservation or land for other local government unit, the Commission shall obtain approval of the park or land reservation from the participating jurisdiction. Primary approval by the Commission is subject to review by certiorari. Application for secondary approval of a subdivision cannot occur until primary approval has been granted by the Commission.
(7) Field trip. The Commission, at its discretion, upon hearing the request for primary approval, may elect to continue the matter until its next regularly scheduled public meeting, and may schedule a field trip to the site of the proposed subdivision, accompanied by the applicant or his or her representative.
(8) Effective period of primary approval. Unless extended or sectionalized according to § 153.037(D)(8), the approval of a primary plat shall be effective for a period of 12 months at the end of which the secondary approval on the entire subdivision must have been obtained and certified by the designated officials of the Commission. Any plats not receiving secondary approval within the time set forth herein shall be null and void, and the developer shall be required to resubmit a new application for sketch plan review subject to all the zoning restrictions and subdivision regulations and procedures in effect at the time of resubmission. Upon request of the applicant the Commission, finding reasonable grounds, may extend the primary approval of a plat 12 months beyond an expiration date.
(C) Approval of engineering plans.
(1) Submission procedure and requirements. Before approval of the primary plat, the applicant, if he or she wishes to proceed with the subdivision, shall submit five copies of engineering plans prepared by a civil engineer or surveyor registered in the State of Indiana pursuant to § 153.092, and shall file with the Director of the Commission a request to start work on any improvements.
(2) Review process. One copy of these plans shall be referred to the Lake County Highway Department, the Lake County Health Department, the Lake County Surveyor, and the Lake County Soil and Water Conservation District, retaining one copy for the planning staff. Upon receipt of approved engineering plans the applicant may proceed with the installation of improvements provided there is an approved bond in place for the cost of the improvements. In no event shall secondary approval be given prior to approval of the construction (engineering) plans.
(3) Installation of improvements. The installation of improvements shall be inspected by the appropriate participating jurisdiction. The inspections are required in all instances regardless of whether the work is performed before or after secondary approval. Failure to request inspection of work performed after the date of this chapter and before secondary approval where applicable may be cause for denial of secondary approval.
(D) Secondary subdivision plat procedure (secondary approval).
(1) Submission requirements. Following primary approval and approval of engineering (construction) plans, the applicant, if he or she wishes to proceed with the subdivision, shall file with the staff a request for secondary approval of a subdivision plat. The application shall:
(a) Be submitted on forms available at the office of the Plan Commission and be submitted with a fee of $250;
(b) Include the entire subdivision, or section thereof which derives access from an existing state, county, or local government roadway;
(c) Be accompanied by 18 copies of the secondary subdivision plat as described in this chapter;
(d) Comply with the chapter and the terms and conditions of primary approval; and
(e) 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.
(2) Checkpoint agencies.
(a) Upon receipt of the 18 copies, the Secondary Plat shall be held for five business days for review by the Plat Officer to determine conformity with this chapter. If plats are determined to be in conformity, the Plat Officer shall affix the plans with the appropriate Plan Commission stamps, authorizing the subdivider to deliver one copy to the post office, two copies each to the Lake County Surveyor, Lake County Highway Superintendent, Lake County Health Officer, Lake County Soil and Water Conservation District, and three copies each to the utility companies servicing the area, leaving two copies with the Plat Officer. Only after the plans are stamped, may the subdivider pay the filing fees and be issued a receipt. Secondary plat is not considered filed until filing fees have been paid.
(b) The officials who are in receipt of copies of the secondary plat shall review the plat and register in writing any comments they may have. These written comments shall be delivered to the Plan Commission Office by the fifteenth day of the month prior to the month for which Plan Commission consideration is requested. It shall be the responsibility of the subdivider or his or her agent to deliver all required comments, reports, and/or recommendations within the specified date requirements. Failure to have all required written comments submitted by the stipulated deadline shall delay Commission consideration.
(3) Determination of conformance (secondary approval). In order to be recorded, a secondary plat shall be found to be in conformance with the primary approval either by the staff, or by the Commission at a public meeting. If the secondary subdivision plat deviates from the primary plat that received primary approval, the subdivision shall be resubmitted to the Commission at a public meeting for a new primary approval. The subdivider submitting a secondary plat conforming to the primary approval shall have the secondary plat reviewed by the Commission at a public meeting. The subdivider shall request in writing Commission review no later than the first day of the month prior to the month of the public meeting at which he or she intends to have his or her secondary plat reviewed. The Commission shall place the matter on its next regular meeting agenda provided the application is submitted by the first of the month prior to the month of the regular Plan Commission meeting and all checkpoint agency approvals are received no later than the fifteenth day of the month prior to the month of the regular Plan Commission meeting. The staff shall review the proposal and submit a written report and recommendations to the Commission and the applicant, and the Commission, at the public meeting, shall grant secondary approval, continuance, or disapproval of the secondary plat. If granted secondary approval, it shall be signed by the designated officials. If not granted secondary approval, then the subdivider shall be informed as to the insufficiency of his or her submittal. Not later than ten days after the Plan Commission meeting, the Plat Officer shall notify the subdivider in writing of the Commission's action on the secondary plat.
(4) When petitioner not permitted to file an application for secondary approval. In no case shall a petitioner be permitted to file an application for secondary approval prior to receiving primary approval and approved engineering plans.
(5) Subdivider proposes to construct a common sewage facility. In instances where the subdivider proposes to construct a common sewage treatment facility or a common water supply system, or both, the Plan Commission shall not give secondary approval until:
(a) The State Board of Health and the Indiana Department of Environmental Management give approval to the final engineering and construction plans for the facility.
(b) The state and/or county, in the instance where a common sewage treatment facility is to be constructed, has granted the subdivider or the appropriate corporation a certificate of territorial jurisdiction. Furthermore, where the subdivider proposes to construct a common sewage treatment facility and/or a common water supply system, the Plat Officer, upon receipt of the engineering plans, shall immediately deliver one copy of each of these plans to the County Health Officer.
(6) On-lot sewage disposal systems proposed (septic systems). In instances where on-lot sewage disposal systems are proposed (septic systems), the County Health Department requires that all secondary plats submitted for approval shall have a plat prepared which depicts all soil types (see § 153.025), contour lines, drainage easements, and utility easements on the secondary plat. Non-compliance of this provision shall delay secondary approval.
(7) Sanitary treatment plant is to be installed by subdivider. Where the sanitary treatment plant is to be installed by the subdivider, all secondary plat approvals shall be granted by the Commission subject to the condition that no building permits will be issued until either:
(a) The sewage treatment facility is operative, as attested to by the State Board of Health; or until
(b) The subdivider has an adequate temporary sewage treatment facility installed or an adequate proposal before the County Health Officer, who in turn will notify the Plat Officer by letter that a certain number of building permits may be authorized for issue based on temporary sewage treatment installations or proposals.
(8) 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 deemed 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. The sections must contain at least ten 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 staff shall automatically expire after five years of the date of primary subdivision approval of the subdivision plat, unless the expiration date has been extended.
(E) Signing and recording a plat.
(1) Signing of a plat. When a bond is required, the designated officials shall endorse secondary approval on the plat by signing the Mylar after the bond has been approved, and all conditions of the primary approval have been satisfied.
(2) Recording of plat.
(a) After the Plan Commission meeting, the subdivider shall submit to the Plat Officer one tracing of the secondary plat of the subdivision on drawing medium deemed satisfactory by the Commission. After the approval of the secondary plat, the original tracing shall be delivered by the Plat Officer to the County Surveyor. When directed, the County Surveyor shall process plat for recording.
(b) The subdivider is responsible for the causation of the filing of the secondary plat with the County Recorder within 12 months of the date of signature by submitting the tracing said above to the Plat Officer.
(c) Costs for the above are to be borne by the subdivider, i.e., County Auditor, County Recorder, reproduction and the like. The secondary plat will remain in the County Surveyor's Office for the permanent public record. If the secondary plat is not recorded within a period of 12 months from the date of approval, the secondary plat is void and the plat must again be submitted with a new filing fee to the Commission for secondary approval.
(d) Building permits shall not be issued in any subdivision until the secondary plat is approved by the Commission and until the plat and any accompanying restrictive covenants are recorded in the Office of the County Recorder.
(F) Disapproval. Disapproval of secondary plat is warranted if:
(1) There are more than minor deviations from the primary plat;
(2) More than 12 months have elapsed since primary approval;
(3) Engineering or construction plans and details for the subdivision demonstrate that the subdivision improvements do not comply with the County standards and the requirements of this chapter;
(4) A new highway, pipeline or other major feature has directly affected the site; and
(5) There were certain conditions attached to the approval of the primary approval, and those conditions have not been fulfilled.
(Prior Code, § 153.037) (Ord. 1670, passed 6-11-1996; Ord. 2222, passed 6-10-2008)