(A) Purpose and intent. The purpose of this section is to guide the applicant through the proper procedures in order to subdivide land and obtain plat approval in accordance with the State Code.
(B) Plat approval authority. The Plan Commission shall have exclusive control over the approval of plats and replats of land within the corporate limits of the city. The Plan Commission shall address and approve administrative subdivisions, minor subdivisions and major subdivisions of land. The Plan Commission may delegate approval of minor plats, secondary plats and administrative subdivisions to the Plat Committee.
(C) Adoption and jurisdiction. The Plan Commission hereby recommends to the Common Council this ordinance containing provisions for subdivision control, which ordinance shall be adopted, amended or repealed in the same manner as other sections of the unified development ordinance.
(D) Condominiums. The subdivision control ordinance does not apply to condominiums regulated by I.C. 32-25.
(E) Plat Committee established. The Plan Commission may establish a Plat Committee to review and decide petitions for minor plats, secondary plats and administrative subdivisions.
(1) Membership. Committee membership shall be divided into two classes.
(a) Official members. Official members shall consist of three or five members. One of the members shall be a staff member representing the city and the remaining members shall be members of the Plan Commission who are not otherwise employed by the city, its subdivisions or instrumentalities.
(b) Ex officio members. Ex officio members shall be the Technical Assistance Committee (TAC).
(2) Appointment. Each member shall be appointed by the Plan Commission for one year.
(3) Removal. The Commission may remove a member from the committee upon mailing written reasons for removal to the member.
(4) Decisions. The committee may take action only upon a majority vote. In the event of any uncertainty as to compliance or classification of any subdivision, the Plat Committee shall forward the subdivision to the Plan Commission for consideration.
(5) Voting. Only official members of the Plat Committee shall be entitled to vote on matters requiring official action by the Plat Committee.
(6) Meetings. The Plat Committee shall meet at least as often as once each calendar month but not more than once per calendar week.
(F) Improvement credit procedure for improvements involving benefits to others. Improvements set forth in Chapter 8 which are required to be installed by the subdivider and are of a public utility nature, may provide benefits to other properties in the vicinity of the land to be subdivided. Upon the installation of improvements which cross or adjoin other properties and can be used by the properties, the subdivider and the city may by contract agree that upon the connection or use of the installation made by the subdivider by another within a period of ten years following their installation, the new user(s) shall pay a fee to the city in an amount agreed upon by the subdivider and the city, the amount of the fee to be credited to and paid to the subdivider.
(G) Applications.
(1) The applicant (subdivider) shall submit a written application for approval of the overall primary plat to the Administrator. Subsequent to the approval of the overall primary plat, an applicant shall submit an application for a secondary plat. These applications shall be prepared on the forms provided by the Administrator and accompanied by the information, requirements and plans set forth in accordance with the requirements of this ordinance.
(2) The applications shall be accompanied by a check or money order made payable to the city in an amount determined by the schedule of fees, available in the office of the City Clerk-Treasurer.
(3) No part of any filing fees shall be returnable to the applicant.
(4) For applications requiring review by the Technical Assistance Committee, the required application forms and fees shall be submitted prior to scheduling a meeting with the Committee.
(Ord. 07-16, passed 12-10-2007)