(A) General. Administrative subdivisions are subject only to the agreement of the Plat Committee that the subdivision is within one of the categories included in the definition of “Subdivision, Administrative,” in Chapter 11: Definitions. Replats which meet the conditions of administrative subdivisions also may be considered under the terms of this section.
(B) Filing fees. A request for review of a subdivision shall be accompanied by the filing fee established by the Plan Commission.
(C) Submission materials. The following materials shall be submitted by an applicant for approval of an administrative subdivision:
(1) Application signed by the owner(s) of record of all property involved in the subdivision;
(2) A drawing drawn to a scale of 50 feet to one inch, or 100 feet to one inch and on sheets not to exceed 24 inches by 36 inches; however, if the resulting drawing would be over 36 inches in the shortest dimension, then a scale as recommended by the Subdivision Administrator may be used. The drawing shall show the property involved in this subdivision, indicating the area of each lot or parcel in acres (for parcels larger than 20,000 square feet) or square feet and indicating the configuration of the property and any easements thereon before and after the proposed administrative subdivision;
(3) Required approval certificates;
(4) For removal of interior lot lines, a legal description of the property and the new lot number(s);
(5) For removal of platted easements, signed and notarized letters of approval of the proposed action by all utilities having an interest in the easements, and in the case of drainage easements, any neighboring property owners affected by the easements. A notation shall be placed on the plat indicating that the easement has been vacated;
(6) For changes in the notations on a previously approved plat, an explanation of the reason(s) for the changes. If the Plat Committee finds that the changes have a significant effect on the subdivision as previously approved, the Plat Committee shall require the changes to be decided by the Plan Commission;
(7) For division of land into cemetery plots, a plat of the cemetery showing the layout of the cemetery, including private drives, parking areas and the sizes of burial lots. The plat shall comply with the requirements of I.C. 23-14-8 and any amendments thereto;
(8) For divisions by court decree, a copy of the decree showing by legal description how the land is to be divided;
(9) Sale or exchange of tracts between adjoining land owners:
(a) For sale or exchange of adjoining land where one or more of the affected parcels is platted, a legal description and indication on the drawing of the tract to be divided and the tract to be added and certification by a registered land surveyor that monuments have been or will be set to indicate the relocated property lines. If the land involved in the subdivision has not been monumented, no monumentation is required;
(b) For sale or exchange of adjoining unplatted land, a legal description and indication on the drawing of the tract to be divided and the tract to be added;
(c) For subdivision where the purpose is to resolve a boundary dispute or to establish a mutually agreed upon boundary line, an affidavit signed by all affected property owners stating the purpose of the subdivision; and
(d) At the time that an administrative subdivision as defined in Chapter 11: Definitions is submitted for secondary approval, the submission shall include quitclaim or warranty deed(s) containing the legal description for each parcel of property for which ownership is transferred within and by the administrative subdivision.
(10) For corrections of legal descriptions, an affidavit signed by the affected owners stating that the description was in error, and a corrected legal description. The correction shall be recorded, and an appropriate notation shall be placed upon the previously recorded plat;
(11) For dedication or granting of easements for purposes other than access, a legal description. The easements shall be recorded, and an appropriate notation shall be placed on the recorded plat;
(12) For dedication of right-of-way or access easements, a legal description and a plat showing the parcels and the location of the right-of-way or easement. In addition, for right-of-way dedication, certification by a registered land surveyor that monuments will be set indicating the relocated property lines; and
(13) For division of a building site containing an existing dwelling from an agricultural tract, evidence that the dwelling has been on the site for at least ten years, and a survey by a registered land surveyor meeting the minimum standards for surveys and preparation of plats, contained in § 8.6.
(D) Review procedure for administrative subdivisions.
(1) Discussions with staff. Prior to submitting any of the materials required by this section, the applicant or his or her representative is encouraged to discuss with the Subdivision Administrator the nature of the land division being proposed. Based upon the information provided at this conference, the Subdivision Administrator will provide the applicant with a preliminary opinion as to whether the proposed subdivision qualifies as an administrative subdivision, and if not, which application and review procedure applies to that type of subdivision. Failure to hold this conference and/or to provide complete and accurate information to the city staff at this stage may cause delays in formal consideration of the subdivision.
(2) Application and fees. An application for approval of an administrative subdivision shall be filed with the Planning and Building Department together with all required materials. The fee, as set by the Plan Commission, shall be paid at the time of filing.
(3) Plat Committee. The Plat Committee has been assigned by the Plan Commission to review and decide administrative subdivision petitions. 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.
(4) Review. The Plat Committee shall review the plat for compliance with the unified development ordinance for the city. The Subdivision Administrator may review the application for compliance with this section, and provide a recommendation to the Plat Committee.
(5) Site visit. Plat Committee members, city officials, staff or their representatives, at their discretion, may visit the site at any time during the review process.
(6) Consultation. Plat Committee members, city officials, staff or their representatives shall consult with any other persons and agencies necessary to make an accurate determination of the compliance of the application with the terms of this section.
(7) Action. Action by the Plat Committee on an administrative subdivision shall be by a majority vote.
(8) Public notification. Approval may be granted to an administrative subdivision by the Plat Committee without public notice and hearing. Within ten days after approval by the Plat Committee, the Subdivision Administrator shall provide due notice by mail to adjacent property owners and the petitioner(s). The notice shall include a notification of the right to appeal the Plat Committee’s decision.
(9) Comment period. Adjacent property owners and the petitioner(s) shall have a ten-day comment period from the date the notice is mailed, within which any notice of appeal must be filed with the Subdivision Administrator.
(10) Appeal. Appeal shall be governed in accordance with the following section:
(a) Plat Committee decision. Any final decision of the Plat Committee may be appealed to the Plan Commission. The notice of final decision shall contain the date of mailing thereon. Appeal may be initiated by the applicant, or any property owner affected by the final decision. The appeal shall be directed to the Plan Commission, and shall be filed with the Subdivision Administrator. If the expiration of the ten-day comment period occurs on a Saturday, Sunday or recognized city holiday, then the expiration date shall be extended to include the next business day thereafter following.
(b) Public hearing. Appeal of the Plat Committee final decision shall be heard by the Plan Commission at a regularly scheduled public hearing, or in accordance with Commission rules at a special meeting of the Plan Commission. The hearing shall take place within 45 days after the filing of an appeal with the Subdivision Administrator, and the Plan Commission shall render its written final decision within 15 days after the hearing. With the consent of the applicant and the Plan Commission, the hearing day may be extended.
(c) Plan Commission decision. A final decision of the Plan Commission may be appealed to the Circuit Court or Superior Court of the county. The appeal shall be through a petition for writ of certiorari filed with the clerk of the appropriate court within 30 days after the date of the final decision. The petition shall in all respects conform to state law.
(11) Approval certificate. The Chairperson and Secretary of the Plat Committee are authorized to sign the approved administrative plat.
(12) Length of approval for administrative subdivisions.
(a) The approved administrative subdivision shall be recorded in the County Recorder’s office within 120 days of certification by the Plat Committee. Any subdivision and certification not recorded within that period shall become null and void.
(b) The approved administrative subdivision and any deed as required by this section shall be recorded concurrently in the County Recorder’s office within 120 days of certification by the Plat Committee. Any subdivision, deed(s) and certification not recorded within that period shall become null and void.
(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009)
Cross-reference:
Board of Zoning Appeals, see Title XV, § 2.4