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(A) I.C. 36-7-4-707: Action after hearing.
(1) If, after the hearing, the Plan Commission determines that the application and plat comply with the standards in this chapter, it shall make written finding and a decision granting primary approval to the plat. This decision must be signed by an official designated in this chapter.
(2) If, after the hearing, the Plan Commission disapproves the plat, it shall make written findings that set forth its reasons and a decision denying primary approval and shall provide the applicant with a copy. This decision must be signed by the official designated in this chapter.
(3) Primary approval or disapproval of a Plat Committee may be appealed only under I.C. 36-7-4-708. However, it may not be taken directly to court for review under I.C. 36-7-4-1016 until administrative remedies are exhausted.
(4) This section applies to any subdivision of land, whether or not it is exempted from the notice and hearing requirements of this series under I.C. 36-7-4-701(d) (as added by Acts 1981, Pub. L. 309, section 23, Pub. L. 211, section 11).
(B) I.C. 36-7-4-708: Appeal of primary approval or disapproval of plat.
(1) An applicant or other interested party may appeal to the Plan Commission the primary approval or disapproval of a plat or the imposition of a condition on primary approval. A notice of appeal must be filed with the Plan Commission within ten days after a copy of the action of the Plat Committee is mailed to the interested party. Notice shall be given and a hearing held by the Plan Commission in the same manner as in the case of the Plat Committee.
(2) The Plan Commission has the same power as the Plat Committee to approve, disapprove, or impose conditions on the approval of plats.
(3) The primary approval by the Plan Commission of a plat must be certified on behalf of the Plan Commission by an official designated in this chapter.
(4) The primary approval or disapproval of a plat by the Plan Commission or the imposition of a condition on primary approval is a final decision of the Plan Commission that may be reviewed as provided by I.C. 36-7-4-1016.
(5) Construction plans for improvements to be installed shall be prepared by a qualified engineer or land surveyor registered in the State of Indiana and submitted in accordance with the specifications of officials having jurisdiction, and no improvements shall be installed until and unless the plans shall have been received and approved by the officials.
(2) Bond in lieu of improvements.
(a) The subdivider may request approval of the record plat immediately following approval of the primary plat and prior to the installation of required improvements, provided that the city is furnished with a performance bond or other type of bond in accordance with the provisions of § 153.061. The bond shall be used to assure the satisfactory construction and performance of the improvements at the time and terms fixed by the Plan Commission and in accordance with this chapter and other city regulations.
(b) Posting of bond shall be in accordance with the procedure set forth in Appendix A.
(3) Approval of plans.
(a) Improvement plans shall be approved by the City Engineer before approval of the record plat and before construction is begun. Improvement plans shall be prepared in accordance with the requirements set forth in this section.
(b) Filing and review shall be in accordance with the procedures set forth in Appendix A.
(1) Certification. Improvement plans and other engineering data shall be prepared and certified by an engineer or land surveyor registered in the State of Indiana.
(2) Drawings required. All sets of improvement drawings shall include the following items, plus any additional information or drawings which may be required by the City Engineer.
(a) Scale and medium of drawings. These shall be established by the City Engineer with approval of the Plan Commission.
1. All streets delineated in plan, showing radii, functions or curves, name, and the like.
2. Center-line profiles of all streets, with grades, including any proposed sewer lines and manholes. Scale: horizontal, 20 feet to the inch; vertical, ten feet to the inch. Where a proposed street ends at a property line, or may be extended in the future, the profile shall be shown for a distance of 200 feet beyond the subdivision boundary line or past the end of the street.
3. The typical section of each type of proposed street to be used, as specified in the engineering rules and regulations.
4. Proposed street names shall not duplicate or closely approximate the name of any other street in the city except extension of existing streets.
(c) Sidewalks. Sidewalks will be required on both sides of the street on city streets.
1. On collector streets within a subdivision, sidewalks will be required:
a. On both sides of the street where the width of the lots at the minimum required building setback line is less than 80 feet.
b. On one side of the street where the side of the lots at the minimum required building setback line is a minimum of 80 feet but less than 100 feet.
c. Except that the developer will have the option of constructing sidewalks where the width of the lots at the minimum required building setback line is 100 feet or more.
2. On cul-de-sacs and minor streets:
a. Sidewalks to be required on both sides of the street where the width of the lots at the minimum required building setback line is less than 75 feet.
b. The Plan Commission will have the option of designating sidewalks where the width of the lots at the minimum required building setback line is 75 feet or more.
c. Where a school or park or other pedestrian generator exists within a reasonable distance, as determined by the Plan Commission, sidewalks may be required in a specific case, nonetheless.
(d) Sanitary sewers. Plans and profiles of proposed sanitary sewers with grades, sizes, and other required information indicated on the plan. Design and construction shall meet the requirements of the Utility Department of the city. A letter approving the sanitary sewer plans from the Indiana Department of Environmental Management (IDEM) shall be filed with the city prior to the city granting approval of the plans and issuing permits for construction.
(f) Water main. Plans and profiles of proposed water mains with grades, sizes, and other required information indicated on the plan. Design and construction shall meet the requirements of the Water Department of the city. A letter approving the water main plans from the Indiana Department of Environmental Management (IDEM) shall be filed with the city prior to the city granting approval of the plans and issuing permits for construction.
(g) Electrical lines. Plans of proposed electrical facilities with layout, line-sizing, transformer locations and other required information indicated on the plan. Design and construction shall meet the requirements of the Electrical Department of the city.
(h) Telephone. Developer shall coordinate the telephone plan with the local telephone company. Design plan submitted to city for its record.
(i) Gas. Developer shall coordinate the gas plan with the local gas company. Design plan submitted to city for its record.
(j) Cable. Developer shall coordinate the cable plan with the local cable company. Design plan submitted to city for its record.
(k) Data. The developer shall provide the data on a 3.5" DOS formatted disk or other approved formatted disk tied to the city's horizontal and vertical control datum. If no city datum is available in the area proposed for development, then the developer shall use U.S.G.S datum of the state plane coordinate system of the State of Indiana. The digital data shall be in a current Autocad (DOS) format or other format approved by the City Engineer.
(Ord. - -, passed - -) Penalty, see § 153.999