(A) Concept plan. Major subdivisions require primary plat approval by the Plan Commission. Before filing a plat for a major subdivision, applicants are required to present a concept plan for the subdivision to the Technical Assistance Committee (TAC) for informal discussion.
(1) Prior to submitting an application for a primary plat, the subdivider shall first meet with city staff to acquaint the subdivider with applicable plans and ordinances.
(2) The concept plan review is intended only for the above purposes; neither the developer nor the city is bound by any decision made during this review.
(3) All materials required by this section shall be submitted to the Planning and Building Department in accordance with established procedures available in the office.
(4) The concept plan should be drawn to scale and should include the following:
(a) A legal description of the property;
(b) A location map, showing the parent tract and including any lots previously subdivided from it;
(c) The location of all existing property lines, existing easements and existing watercourses; location, width and names of existing platted streets within or adjacent to the tract; and names of adjoining property owners within 500 feet of the boundary of the proposed subdivision;
(d) Locations of existing utilities within the tract and immediately adjacent thereto;
(e) Existing natural features and topographic or geologic constraints and intent to preserve or incorporate these features into the final plan;
(f) Approximate location and widths of proposed streets;
(g) Preliminary proposals for connection with existing water and sewer systems; preliminary provisions for collecting and discharging surface water drainage; and
(h) Approximate location and area of all parcels of land to be set aside for park or playground use or other public use or for the use of the property owners in the proposed subdivision.
(5) The Plan Commission may consider the failure to present a concept plan to staff prior to the submission and review of the overall primary plat as an improper form or an incomplete application.
(B) Primary plat.
(1) Submittal. The subdivider shall provide an overall primary plat of the subdivision, the design of which shall be in conformance to the comprehensive plan, the thoroughfare plan, the unified development ordinance, these subdivision regulations, and other city ordinances not in conflict with these regulations. Further, the intent of the primary plat section is to ensure that the statutory requirements established in the State Code for the subdivision of land are met.
(2) Preparation. The overall primary plat shall be prepared by a professional engineer or land surveyor licensed in the state and drawn according to the specifications set forth as follows.
(3) Plans and specifications. The primary plat shall have the following sheets and information.
(a) Title sheet:
(1) Proposed name of the subdivision, followed by the words: “overall primary plat;”
(2) A site location map showing the location of highways, local/county roads, rural routes, utilities, legal drains, floodplains, private drain tile, open drains, watershed boundaries and any other physical features that may have a bearing on proposed development (i.e., swamp, steep escarpments, woods and the like);
(3) Names and addresses of the owner of the land, the subdivider, planner, architect, engineer, land surveyor or other persons who prepared the plan;
(4) Property owners and existing land use of adjacent land; and
(5) An index of sheets contained in the set.
(b) Topographic conditions:
(1) Contours at vertical intervals of two feet or less if the slope of the site is less than 10% and at vertical intervals of five feet if the general slope of the site is 10% or greater;
(2) Tract boundary lines showing dimensions, bearings, angles and references to section, township and range lines;
(3) Plot and profile of existing drainage, drainage channels, underground facilities, wooded areas, power transmission poles and lines and any other significant items shall be shown;
(4) The location and size of all existing utilities; and
(5) All subdivision plats containing lands identified on the official Flood Emergency Management Agency (FEMA) maps (as amended), or determined by the State Department of Natural Resources to be flood-prone areas shall have the elevation of the 100-year flood listed thereon.
(c) Plan layout sheet:
(1) Streets and rights-of-way on and adjoining the site of the proposed subdivision, with street names, sidewalks and other pertinent data;
(2) The layout of lots, showing dimensions and numbers and square foot area of each lot. Block number, distances, radii and chords shall also be shown;
(3) Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public or community purposes;
(4) Building setback or front yard lines;
(5) Easements: locations, widths and purposes; and
(6) The “plan layout sheet” may be incorporated into the “topographic sheet” provided the incorporation does not result in a drawing which is illegible.
(d) Utility layout sheet:
(1) A drawing showing the locations of the proposed sanitary sewers with connections to the main sewer system, lift stations, if any, and other appurtenances, if any;
(2) A drawing showing the location of a public or quasi-public source of water supply;
(3) A drawing showing the proposed method of drainage:
a. If storm sewers or similar type of system is used, show connection to main system or method of disposition into stream, retention reservoir and the like; distance to stream outlet; lift stations, if any; man holes, if any; inlets; junction boxes; and other necessary appurtenances; and
b. If surface drainage is planned, show the following where applicable: location and type of roadside swales, grassed waterways, water courses and open ditches; roll curb and gutter sections; location and approximate size of road culverts; location and typical cross-section of grades, swales, waterways, roadside ditches and/or open ditches; approximate depth and grades of above mentioned surface drainage; and necessary profiles, cross-sections and other information to the adequacy of the outlet drain or detention reservoir.
(4) Written statement concerning the location and approximate size or capacity of utilities to be installed.
(e) Supplementary information:
(1) Phasing plan for any subdivision that is to occur in stages, along with a proposed schedule for the phasing;
(2) Written statement of the proposed use of lots, stating type of residential buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards or congestion of population;
(3) Proposed covenants and restrictions;
(4) Elevations or renderings of typical product to be constructed in the subdivision;
(5) A national cooperative soil survey map from the Subdivision Administrator or the local Soil and Water Conservation District showing the soil limitations based upon the intended usage of the subdivision;
(6) Included in the application shall be a conservation plan detailing the management of the soil, the water management plan for both surface and subsurface drainage, and the method or methods used in controlling erosion and sedimentation before, during and following construction, i.e., temporary seeding, siltation basins, mechanical erosion devices and other similar means that meet Chapter 56: Stormwater Management, of Volume One of the city code, for guidelines for urban development. (See §§ 56.055 through 56.058 for more information.)
(7) A written statement or letter from INDOT, the County Highway Department or City Street Department concerning rights-of-way, road improvements, roadside improvements, roadside drainage, entrances, culvert pipes and other infrastructure improvements that impact this proposal;
(8) If legal drain is involved, a letter or written statement of approval from the City Stormwater Board concerning easements, rights-of-way, permits and the like;
(9) If floodway is involved, a letter or written statement from the State Department of Natural Resources, Division of Water concerning construction in floodway, including floodplain high water marks and the like;
(10) A drawing or written statement which shows or explains other features or conditions which would impact the subdivision; and
(11) A fiscal impact analysis shall be prepared for all residential subdivisions with 50 or more lots.
(4) Primary plat review and approval.
(a) Submittal. The subdivider shall submit the required items listed above in accordance with the procedures and time frame set forth in the primary plat application and the Plan Commission Rules of Procedure. The submittal shall be complete prior to being placed on any agenda. The primary plat shall be reviewed with regard to the standards for the current zoning of the property and not any anticipated zoning. The process should not run concurrently with the rezoning for the subject parcel
(b) TAC agenda. Staff will then put the project on the agenda for a regularly scheduled meeting with the Technical Assistance Committee (TAC) for the review of the overall primary plat. The purpose of the TAC review is to ensure technical conformity with the city unified development ordinance.
(c) Plan Commission agenda. After the primary plat has been reviewed and the applicant has responded satisfactorily to the comments made by the TAC, the Subdivision Administrator shall place the application for primary plat approval on the agenda for the next regularly scheduled meeting of the Plan Commission.
(d) Notice. The applicant shall publish a notice of the time and place of the hearing and the location of the proposed plat, in accordance with § 9.15 and the Plan Commission Rules of Procedure. The cost of the publication of the notice of public hearing shall be met by the applicant.
(e) Hearing. The hearing shall be conducted in accordance with the Rules of Procedure. The Plan Commission shall review the application and shall study the “overall primary plat” to determine if it conforms to the minimum standards and requirements as outlined in this ordinance. The Plan Commission shall also consider:
(1) The written statement and supportive material submitted by the petitioner;
(2) The testimony of the petitioner;
(3) Relevant evidence presented by other persons;
(4) The comprehensive plan;
(5) The City Construction Standards Manual;
(6) All information presented by the members of the Technical Advisory Committee;
(7) The Planning and Zoning Administrator’s report; and
(8) Any other additional information as may be required by the Plan Commission to evaluate the petition.
(f) Decision. The Plan Commission shall prepare findings of fact and:
(1) Approve the petition;
(2) Approve the petition with conditions and/or commitments;
(3) Deny the petition; and/or
(4) Continue the petition to a definite future meeting date.
(g) Commitments. In conjunction with the approval of a primary plat, the Plan Commission may permit or require the applicant to make written commitments concerning the use or development of the parcel.
(h) Conditions of approval. In conjunction with the approval of a primary plat, the Plan Commission may impose conditions of approval concerning the use or development of the parcel that will, in its judgment, substantially secure the objectives of these ordinances.
(i) Upon denying an application, the Commission will not review the overall primary plat until it is re-submitted, which cannot be done for a minimum of six months.
(j) The approval of the overall primary plat by the Commission does not constitute approval of any or all of the subdivision, but is merely an authorization to proceed with preparation of a secondary plat.
(k) Following Plan Commission approval, the petitioner shall submit revised copies of the plans that address the comments and concerns of the Plan Commission and that are in conformance with the established procedures of the Planning and Building Department.
(l) An approval of the overall primary plat shall be effective for a period of 12 months unless, upon request of the applicant, the Commission grants an extension of time. The application for a secondary plat shall be submitted to the Commission, and if it is not received within the specified period, all previous actions by the Commission with respect to the plat shall be deemed to be null and void.
(C) Secondary plat.
(1) Purpose. The following section provides guidelines for the submittal of a secondary plat of a subdivision to ensure that the statutory requirements established in the State Code for the subdivision of land are met. The applicant shall submit an application for approval of the secondary plat, engineering plans and specifications, and other required information to the Planning and Zoning Administrator.
(2) Phases. The secondary plat may include all or any phase of an approved overall primary plat. The applicant shall provide a description of the phase of the approved overall primary plat intended to be filed for record, including a phasing plan for the progressive development of the remaining area contained in the approved overall primary plat.
(3) Review. Upon receipt of a complete application, the Administrator shall review the application for technical conformity with the standards in this ordinance and then:
(a) Assign the secondary plat or replat to the Plat Committee for approval; or
(b) Assign the secondary plat or replat to the Plan Commission for approval.
(4) Preparation and contents. The secondary plat submittal shall contain the information as set forth in § 9.17 of this chapter. In addition, the submittal shall include:
(a) A statement of the estimated amount of money sufficient to complete the improvements and installations by the subdivider and attested to by a registered land surveyor or a registered professional engineer;
(b) Lot numbers and dimensions and lot area in square feet;
(c) Plans and specifications for the improvements required in this ordinance;
(d) Restrictions of all types which will run with the land and become covenants in the deeds for lots;
(e) Deed of dedication of streets and other public property;
(f) Certificate of primary plat approval by the Commission, as provided by the Planning and Building Department;
(g) Certificate of approval by the City Board of Public Works and Safety for improvements in subdivisions (when applicable); and
(h) Certificate of approval by the City Utilities Service Board for improvements in subdivision (when applicable).
(5) Secondary plat approval.
(a) Required changes. The secondary plat will have incorporated all changes or modifications required by the Commission, General Manager of the Lebanon Utilities, Health Officer, County Soil and Water Conservation District and County Surveyor; otherwise it shall conform to the overall primary plat as approved by the Commission, and it may constitute only that portion of the primary plat which the subdivider proposed to record and develop at the time, provided that the portion conforms with all requirements of this ordinance and meets the approval of the Commission.
(b) Time for filing. The secondary plat shall be filed not later than 12 months after the date of approval of the overall primary plat, otherwise it will be considered void unless an extension is requested by the developer and granted by the Commission in writing.
(c) Application. Fifteen days before the Commission’s next regularly scheduled meeting, the subdivider shall submit to the Subdivision Administrator an application for approval of the secondary plat of the subdivision, together with four copies of all material outlined above, as requested by the Commission. Also, the original drawing, with signatures, and eight-page-size (eight and one-half by 11) prints of the secondary plat shall accompany this material.
(d) Examination, approval by the Subdivision Administrator. The secondary plat shall be considered officially filed after it is examined by the Subdivision Administrator and is found to be in full compliance with the formal provisions of this ordinance. To register his or her approval of the plat, the Subdivision Administrator shall sign and date an approval statement on the plat.
(e) Financial guarantees.
(1) Generally. Guarantees that all required improvements will be constructed according to approved plans shall be a prerequisite to the filing of a secondary plat for recording in the office of the Recorder of the county. Approval of a secondary plat shall be subject to the improvements being constructed and accepted for dedication or the appropriate financial guarantee being posted with the Board of Public Works and Safety before recording. Copies of these agreements shall be on file at the City Clerk-Treasurer’s office.
(2) Required notice from Board of Public Works and Safety. When the secondary plat is submitted to the Subdivision Administrator, it shall be accompanied by a notice from the City Board of Works and Safety, stating that there has been filed with and approved by that body, one of the following:
a. A certificate signed by an inspector from the Planning Department, stating that he or she has inspected the improvements and installations for the subdivision required for its approval, during and after their construction and installation; and stating that they have been made or installed in accordance with the approved specification; and that a three-year maintenance bond has been provided for any improvements and installations required by this ordinance, as is executed to the city. The maintenance bond shall:
1. Run to and be in favor of the city;
2. Be in a penal sum of not less than $25,000 per mile of streets in the subdivision to assure and guarantee the maintenance of all improvements and installations during the three-year period, including, but not limited to the following: streets to minimum city specifications, sanitary sewers, storm sewers and water lines, lift stations, pumps, motors, connections and main lines installed in the subdivision, sidewalks, shoulders, side slopes and ditches, street signs, street lights and fire hydrants; provided that the City Board of Works and Safety may reduce the penal sum set forth herein for good cause if the intent of the maintenance bond provision is preserved;
3. Include an amount for maintenance other than for streets set forth above which shall be set by the Commission, but in no event shall the penal sum of the maintenance bond covering additional installations be less than 25% of the total cost of all of the improvements and installations in the subdivision proposed for secondary plat approval; and
4. Commence upon approval of the secondary plat.
b. A financial guarantee which shall:
1. Run to the city;
2. Be in an amount equal to 125% of the cost of the improvements as specified in the subdivision improvement agreement;
3. Be with surety satisfactory to the Commission; and
4. Specify the time for the completion of the improvements and installations, which shall be within two years from the date of the bond.
c. Specify that upon completion, but prior to acceptance by the City Board of Public Works and Safety of any streets, a three-year maintenance bond or other suitable agreement acceptable to the City Board of Public Works and Safety covering the street improvements, and for all other improvements and installations in the subdivision which shall run to the City Board of Public Works and Safety, will be provided by the subdivider or contractor of the street improvements to be effective as of the date of acceptance by the City Board of Public Works and Safety. This maintenance bond or other suitable agreement or financial guarantee shall satisfy the requirements set forth for a three-year maintenance bond.
1. Bonds. The developer may furnish in lieu of the above and the foregoing maintenance bond, bonds with his or her subcontractors which comply with all of the requirements of the above and foregoing section.
2. Release of financial guarantees. The financial guarantee referred to above shall not be released until the following has been received: a certificate stating that the engineer or surveyor has inspected the improvements and installations guaranteed by the bond during and after their construction and that they have been made and installed in accordance with the approved specifications. The certificate shall have been filed with the Subdivision Administrator and the City Board of Public Works and Safety; and shall have been signed by a registered professional engineer or registered land surveyor, who has been approved by the City Board of Public Works and Safety.
(3) Release of bond. Upon the acceptance of all streets in the subdivision by the City Board of Public Works and Safety, and upon the subsequent authorization of the City Board of Public Works and Safety for the acceptance of the other improvements and installations covered by the maintenance bond, the three-year maintenance bond or other suitable agreement or financial guarantee may be released and the surety discharged of further obligation for all time.
(4) Bond funds. Any funds received from the bond required by these regulations shall be used only for the purpose of making the improvements, installations or repair for which the guarantees were provided, in accordance with the standards, specifications and requirements of these regulations.
(f) Completion affidavit. Upon the acceptance of the improvements and installations by the City Board of Works and Safety, the applicant shall obtain a completion affidavit stating that the required improvements and installations have been installed in compliance with the specifications of this ordinance, and have been accepted for public maintenance; the completion affidavit shall be filed with the Commission. (See Appendix.)
(g) Approval. Within a reasonable time, not to exceeding 65 days after application for approval of the secondary plat, the Administrator or his or her designee shall approve or disapprove the secondary plat. The Administrator may choose to refer the secondary plat approval request to the Plan Commission. If approved the plat shall be stamped and signed by the Administrator. The plat may then be filed for recording in the office of the Recorder of the county, as required by law within six months. If the plat is disapproved the Administrator shall set forth in writing the reason for the disapproval in its own records and provide the applicant with a copy. The applicant may refile after a period of one year, but he or she must show a substantial change to the disapproved subdivision, as determined by the Plan Commission.
(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009)
Cross-reference:
Written commitments, see Title XV, § 9.14