(A) General procedures. All divisions of land classified as minor subdivisions shall first be referred to the Plat Committee provided that no waiver within the jurisdiction of the Plan Commission is requested. The applicant seeking approval of a minor subdivision shall submit a primary plat and a secondary plat to be approved, conditionally approved, or rejected by the Plan Commission or its Plat Committee, as appropriate, at a public hearing.
(B) Procedures for primary plat approval.
(1) Submission requirements. This submission shall:
(a) Be made on forms available at the Office of the Commission and be submitted with a 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; and
(d) Be accompanied by 18 copies of the primary plat as described in this chapter.
(2) Placement on the Commission agenda subsequent to the submission for primary approval. The Commission or its Plat Committee, as appropriate, 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 or its Plat Committee, as appropriate, shall hold a public hearing on the primary plat and notice of such hearing shall be in accordance with I.C. 5-3-1 at the applicant's expense. At 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 time, 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 and plat committee procedure.
(a) Approval of the primary plat. After the Commission or its Plat Committee, as appropriate, at a regularly scheduled meeting has examined the primary plat, staff's report, checkpoint recommendations and testimony and exhibits submitted, the Commission or its Plat Committee shall grant primary approval, conditional approval, continuance, or disapprove the primary plat. Not later than ten days after the Commission or Plat Committee meeting, the Plat Officer shall notify the subdivider in writing of the action of the Commission or its Plat Committee on the primary plat giving any reasons for any approval, conditional approval, continuance, or disapproval. Primary approval by the Commission or its Plat Committee is subject to review by certiorari.
(b) Plat committee procedure. A division of land classified as a minor subdivision shall be referred to the Plat Committee provided that the applicant is not requesting a waiver under the jurisdiction of the Commission. Any minor subdivision with a waiver request attached shall be referred to the Plan Commission. Primary Approval of a minor subdivision by the Plat Committee must be unanimous with at least four of the five members of the Plat Committee present and voting. If a minor subdivision is not unanimously approved by the Plat Committee as described herein then the primary approval, as yet undecided, shall be referred to the Plan Commission for consideration at their next regular monthly meeting. Thereafter, the minor subdivision shall stay with the Plan Commission for secondary approval if the applicant wishes to continue.
(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 § 153.093, 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. Such 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 effective 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) Application requirements. The applicant shall file with the staff an application for secondary approval of a subdivision plat which must:
(a) Be submitted on forms available at the Office of the Commission;
(b) Include the entire subdivision;
(c) Be accompanied by 18 copies of the final subdivision plat as described in this chapter;
(d) Be in compliance with this 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 Attorney of the Commission 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. Secondary Plat is not considered filed until plans are affixed with the appropriate plan commission stamps.
(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 or Plat Committee 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 or Plat Committee 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 by the Commission or its Plat Committee, as appropriate, at a public hearing. If the secondary subdivision plat deviates from the primary plat that received primary approval, the subdivision shall be resubmitted to the Commission or its Plat Committee for a new primary approval.
(a) Review at a public hearing. The Commission or its Plat Committee, as appropriate, shall review the items submitted at a public hearing. The subdivider shall apply for secondary approval 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/Plat Committee shall place the matter on its next regular meeting agenda provided the application is submitted by the first day of the month prior to the month of regular meeting and all checkpoint agency approvals are received no later than the fifteenth day of the month prior to the month of the meeting. The staff shall review the proposal and submit a written report and recommendations to the Commission/Plat Committee, and the Commission/Plat Committee, at the public meeting, shall approve or disapprove the secondary plat. If granted secondary approval, the Mylar of the secondary plat 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 public meeting, the Plat Officer shall notify the subdivider in writing of the action of the Plat Committee or Commission on the secondary plat.
(b) Plat Committee procedure. Secondary approval of a minor subdivision by the Plat Committee must be unanimous with at least four of the five members of the Plat Committee present and voting. If a minor subdivision is not unanimously approved by the Plat Committee as described herein, then the secondary approval, as yet undecided, shall be referred to the Plan Commission for consideration at their next regular monthly meeting. In no case shall a minor subdivision be referred back to the Plat Committee once it is properly referred to the Plan Commission.
(4) Subdivider proposes to construct a common sewage treatment 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 or its Plat Committee, as appropriate, 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.
(5) Individual sewage systems proposed (septic systems). In instances where individual 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, utility easements, on the secondary plat. Noncompliance of this provision shall delay secondary approval.
(6) Sanitary treatment plant 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 or its Plat Committee, as appropriate, 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.
(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 final 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., the 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, § 153.038) (Ord. 1670, passed 6-11-1996; Ord. 2222, passed 6-10-2008)