(A) General procedures for approval. Should the Administrator, upon examination of the sketch plan application, classify the proposed land division as a minor subdivision, the subdivider shall follow the procedures and be subject to the process outlined in Figure 3-2 in division (C) below and detailed in this section. In addition to a sketch plan which is reviewed by the Administrator and checkpoint agencies for primary approval by the Commission, the applicant seeking approval of a minor subdivision shall submit for secondary approval a final subdivision plat which must be found in compliance with the sketch plan or otherwise approved by the Commission in order to be signed and recorded.
(B) Official submission date and placement on the agenda. An application for sketch plan approval shall be submitted no less than that 30 calendar days prior to either a regularly scheduled public meeting of the Commission or a specially called meeting at which the proposal is intended to be acted upon. The Administrator shall place the application on the agenda of the first regularly scheduled meeting of the Commission or a specially called meeting to occur 30 days after the date on which a complete application is submitted.
(C) Sketch plan review process. Within 20 calendar days of the subdivider's sketch plan application submittal, the Administrator shall have studied the proposal, reviewed checkpoint reports received and met with the subdivider to discuss pertinent aspects of the proposed subdivision and possible modifications and/or changes that may be suggested or required by this chapter. The Administrator shall request that a representative of each checkpoint agency that wishes to be involved in a sketch plan review be present to participate in the sketch plan review meeting. In taking into consideration the requirements of this chapter, particular attention shall be given to sewage disposal, drainage, lot size and arrangement, the further development of adjoining lands as yet unsubdivided, and the requirements of the official map and Comprehensive Plan as adopted by the participating jurisdictions. Subsequent to the meeting, the Administrator shall provide the participants with a written record of the proceedings of that meeting.
(D) Administrative review. Subsequent to placement on the agenda, and prior to the date of public hearing, the Administrator and other appropriate members of the Commission including the President and Secretary of the Commission shall review the proposal and prepare a written report to the Commission and applicant indicating a recommendation with regard to the subdivision being proposed.
(E) Public hearing notification and sign posting requirements. The Commission shall hold a public hearing on the sketch plan and notice of the hearing shall be per I.C. 5-3-1, at the applicant's expense. At the time of the public hearing, the applicant shall submit an affidavit stating that the applicant has placed posters provided by the Administrator (advising interested parties of the hearing) at the locations designated by him or her on the proposed subdivision property at least ten days prior to the public hearing and show proofs of publication that notices of public hearing were published at least ten days prior to the public hearing. Interested parties shall be notified by the applicant of the date, time, place and purpose of the public hearing on the subdivision at least ten days in advance of the public hearing an affidavit so testifying, along with the certified mail receipts provided by the post office.
(F) Primary approval of the sketch plan.
(1) After the Commission has, at a regularly scheduled hearing, examined the sketch plan, Administrator's report, checkpoint recommendations, testimony and exhibits submitted, the Commission shall, at a regularly scheduled hearing, approve, conditionally approve or disapprove the sketch plan.
(2) One copy of the sketch plan shall be returned to the applicant with the date of approval, conditional approval or disapproval and the reasons therefor accompanying the sketch plan within five days after the public hearing. Primary approval by the Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until a minimum of 30 days has elapsed since the granting of primary approval or conditional approval or conditional primary approval.
(G) Effective period of primary approval. Unless extended, the primary approval of a minor sketch plan shall be effective for a period of one year after the date of the primary approval, at the end of which time secondary approval of the subdivision must have been obtained and certified by the President and Secretary of the Commission. Any plats not receiving secondary approval within the period of time set forth herein shall be null and void, and the developer shall be required to resubmit a new application for sketch plan review and certificate, subject to all the zoning restrictions and subdivision regulations in effect at the time of re-submission. Upon written application of the applicant, the Commission may extend the primary approval of a minor sketch plan in increments of one year beyond an expiration date without further notice and public hearing.
(H) Final subdivision plat procedure for secondary approval.
(1) Application requirements. Following approval or conditional approval of the preliminary plat, the applicant, if he or she wishes to proceed with the subdivision, shall file with the Administrator an application for secondary approval of a subdivision plat. The application shall:
(a) Be submitted on forms available at the office of the Commission;
(b) Include the entire subdivision or section thereof;
(c) Be accompanied by ten copies of the final subdivision plat as described in this chapter;
(d) Totally comply with the chapter and the terms and conditions of approval;
(e) Be accompanied by the performance bond, if required, in a form satisfactory to the Commission Attorney 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; and
(f) Be accompanied by restrictive covenants in a form approved by the Commission, where proposed by the subdivider or required by the Commission.
(2) Determination of conformance (secondary approval). In order to be recorded, a final subdivision plat shall either be found to be in conformance with the approved sketch plan by the Administrator, or by the Commission at a public hearing, if the final subdivision plat deviates from the sketch plan that received primary approval, the subdivision shall be resubmitted to the Commission at a public hearing for a new primary approval. The subdivider submitting a final plat conforming to the primary approval shall choose as to whether this review is performed by the Administrator or by the Commission at a public hearing.
(a) Should the subdivider not choose Commission review, the Administrator shall within ten working days, review the items submitted as per division (H)(1) above in order to ascertain conformance with the primary approval. If the submission is found to be in conformance and complete, the Administrator shall recommend to the Commission the signing of the certificate granting secondary approval.
(b) Should the subdivider choose Commission review, the Commission shall determine conformance with the primary approval at a public hearing. The subdivider shall request Commission review in writing no less than 30 calendar days prior to the date of the public hearing at which he or she intends to have his or her final plat reviewed. The Commission shall place the matter on its next regular hearing agenda. The Administrator shall review the proposal and submit a written report and recommendations to the Commission and the applicant; and, at the public hearing, the Commission shall give secondary approval or disapproval of the final plat. If approved, it shall be signed by the designated officials, if not approved, the subdivider shall be informed as to the insufficiency of his or her submittal.
(c) Prior to granting secondary approval of a minor subdivision plat, the Commission may permit the plat to be divided into two or more sections and may impose the conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Commission may require that the performance bond be in the amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing.
(I) Signing and recording a plat.
(1) Signing of plat.
(a) When the filing of a performance bond is required, the designated officials of the Commission shall endorse approval on the plat by signing the certificate after the bond and construction plans have been approved and all the conditions of the primary approval have been satisfied.
(b) When installation of improvements is required the designated officials of the Commission shall endorse secondary approval on the plat by signing the certificate after all conditions of the primary approval have been satisfied, all improvements satisfactorily completed and accepted for public maintenance (when required), "as built" construction plans submitted (as required by § 155.065(B)(5)), and a maintenance bond provided (as required by § 155.067(B)). There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the participating jurisdiction as shown by a certificate signed by the appropriate Board of Works, County Commissioners and/or the County Drainage Board that the necessary improvements have been accomplished.
(2) Assurance to subdivider. If the subdivider elects to install all improvements before he or she applies for secondary approval and it is shown that the conditions of the ordinance have been met, and if the final plat completely conforms to the primary approval, the Commission shall have no other recourse than to grant secondary approval.
(3) Recording of plat.
(a) The designated officials shall sign the certificate granting secondary approval which shall be part of the tracing cloth or reproducible Mylar of the subdivision plat, plus three Mylar prints of the subdivision plat. The Mylar prints shall be returned to the applicant and his or her engineer or surveyor.
(b) It shall be the responsibility of the subdivider to file the plat in the presence of the Commission's Administrator or his or her designee with the County Recorder within 30 days of the date of signature. Failure of the subdivider to file the plat as herein provided within 30 days shall constitute a violation of this chapter.
(Ord. 615, passed 2-22-1999)