(A) Intent. The intent of the administrative subdivision process is to allow a simplified procedure for the creation of low-density development of rural lands consistent with the agricultural characteristics of areas of the town.
(B) Minimum standards for an administrative subdivision.
(1) Parcel zoning and density standards: Administrative subdivisions shall be permitted in the following zoning districts as established by the Land Use and Development Code:
(a) Parent tract defined. The subdivision approval shall be based on the characteristics of the parent tract legally established and recorded prior to December 31, 2000. For the purposes of this section, any two or more lots which shared a common property line at any point and were under the same ownership prior to December 31, 2000 shall be considered as one parent tract.
(b) Subdivisions permitted. In all zoning districts the creation of additional lots shall be based on a sliding scale determined by the acreage present in the parent tract as defined in division (B)(1) above. The sliding scale shall be as follows:
1. Parent tracts which include between four and ten acres shall be permitted to be divided for the creation of one additional lot (for a total of two lots including the remainder from the parent tract).
2. Parent tracts which include 10 to 15 acres shall be permitted to be divided for the creation of two additional lots (for a total of three lots including the remainder from the parent tract).
3. Parent tracts which include 15 acres or more shall be permitted to be divided for the creation of three additional lots (for a total of four lots including the remainder from the parent tract).
4. Nothing in this section shall be interpreted as permitting the creation of additional lots from parent tracts present on January 1, 2000 that have subsequently been divided, through a "mini plat" or other means, to the extent that a number of new lots greater than that specified above will be created.
(c) Exception. A habitable residence, as determined by the Planning Director, built prior to December 31, 2000, located in any zoning district may be separated from the parent tract through the administrative subdivision process provided that both the lot and the remaining tract conform with all requirements of the Land Use and Development Code for the zoning district in which the property is located. Such exception shall also be required to conform with all design standards provided by this section.
(d) Subdivision rights. All subdivision rights as established by this section shall run with the parent tract or remainder thereof. The further subdivision of any lot created from a parent tract shall be prohibited unless it is consistent with the major subdivision process established by § 155.193.
(e) Further subdivision. Once all of the permitted lots have been split from the parent tract, any further subdivisions shall follow the major subdivision process established by § 155.193 in order for the town to ensure that land is improved in coordination with the Comprehensive Plan in the laying out of public ways, easements, structures, utilities, and other features; that regional drainage concerns are addressed; and established public policy is followed.
(2) All administrative subdivisions shall conform to the following design standards:
(a) Any subdivision which includes the construction of any public improvements including a public street, sidewalks, sewer or water mains, or street trees shall be considered a major subdivision and follow the major subdivision process established by § 155.193.
(b) All lots and any remaining tract shall be consistent with all applicable requirements of the Land Use and Development Code, including lot size, setbacks, frontage on a public road, width to depth ratio, and lot width.
(c) At the time of filing, the property owner shall be required to show all possible lots which are permitted to be created through the administrative subdivision provisions of this subchapter on a rural development concept plan, including the exception described by division (B)(1)(c) above.
(d) All road cuts shall be subject to the review of the Town Council.
1. No private driveway shall be permitted which provides the only means of access to more than three lots. Any common access drive shared by more than three lots must be created in the form of a public road. If such a public road is required, the development shall be considered a major subdivision and shall follow the major subdivision process established by § 155.193.
2. Lot frontage on private common drives may be considered as meeting the road frontage requirements of the Land Use and Development Code.
3. All driveways shall be designed to prevent vehicles from being required to back onto the public road.
(e) All driveways shall be a minimum of 16 feet in width, with common portions included in a minimum 30-foot wide access easement.
(f) All driveways shall be constructed consistent with the requirements of the Town Engineer.
(g) A permanent documentation of any shared driveway agreement must be signed by all involved property owners or take the form of covenants on all applicable property. The documentation shall include, but is not limited to maintenance, snow removal, ownership, and liability. The documentation shall specifically exempt the town from any responsibility regarding the maintenance and upkeep of the shared driveway. The agreement shall be reviewed and approved by the Planning Director. The agreement shall be recorded in the office of the County Recorder. A copy of the agreement shall be kept in the office of the Plan Commission.
(h) Dry fire hydrants shall be installed in existing ponds and other bodies of water located on property included in the administrative subdivision consistent with the desires of the local fire department having jurisdiction.
(i) Necessary and adequate utilities and drainage facilities shall exist on the site. All septic systems and wells shall be subject to the approval of the County Health Department. A drainage plan for each subdivision shall be reviewed and approved by the Town Engineer consistent with IC 36-9-27-69.5.
(j) The applicant shall dedicate right-of-way along all public road frontages, including those of any new lots and the remainder of the parent tract, consistent with required right-of-way widths established by § 155.195.
(k) Adequate ingress and egress to the remainder of the parent tract and adjacent properties must be maintained, planned for and provided.
(C) Administrative subdivision application and review procedure.
(1) Application requirements. In order to begin the subdivision process the applicant shall file an application for rural development concept plan approval (primary plat) with the Planning Director. This application shall:
(a) Be made on forms available at the Plan Commission office and be signed by the owner and developer and notarized;
(b) Be accompanied by the specified number of copies of a rural development concept plan which meets the requirements provided by this section;
(c) Be accompanied by a fee in the amount established by the adopted fee schedule.
(2) Processing standards. No application shall be processed until the application is filled out correctly and all applicable attachments are presented to the Planning Director. No docket number shall be released until all applicable fees have been paid for the application.
(3) Meeting dates established. The Planning Director shall provide the applicant with a date for the review and approval of the administrative subdivision by the Technical Review Committee. The date of the meeting shall be based on the adopted calendar of meeting and filing dates and shall be based on the date upon which the application for rural development concept plan approval is filed with the Planning Director.
(4) Technical Review Committee. The Planning Director shall place the application for rural development concept plan approval on the agenda for the applicable meeting of the Technical Review Committee and distribute copies of the submittals to the Committee members.
(a) In reviewing the application, the Technical Review Committee shall consider the provisions of this subchapter, the zoning code, and other applicable adopted standards of the town.
(b) The Committee shall make comments regarding the application and either approve, approve with conditions, require further review, or deny the application.
1. The Committee shall approve the application for rural development concept plan approval if it is found to be consistent with the requirements of this subchapter.
2. The Committee shall approve the application with conditions if minor modifications are required for the application to be completely consistent with the requirements of this subchapter. Such minor modifications shall not have the affect of altering the arrangement of lots, topography, drainage, driveways or other features. The applicant shall make revisions consistent with the conditions of approval and provide revised materials to the Planning Director for the records of the Plan Commission.
3. The Committee shall require further review of the application for rural development concept plan approval if addressing the comments of the Committee will require significant alterations in the lots, topography, drainage ways, driveways or other features. The application shall be placed on the agenda for further review at the next Technical Review Committee meeting. The applicant shall revise the application consistent with the comments received from the Committee and supply revised application materials and the specified number of copies to the Planning Director in preparation for further review by the Technical Review Committee by the date specified on the adopted calendar of meeting and filing dates.
4. The Committee shall deny the application for rural development concept plan approval if it is found to be in violation of the requirements of this subchapter. Applications which have been denied may not be re-submitted for a period of one year from the date of denial. When resubmitted, the request shall be treated as a new application following the process established by this section and with all fees required.
(5) After obtaining primary plat approval, the applicant shall file for final plat approval pursuant to § 155.193(J)(1). The application for final plat approval shall be submitted to the Technical Review Committee for review. It shall be consistent with the approved Primary Plat and the requirements of this subchapter and any other applicable improvement standards and processes. The Committee shall approve the final plat if all the required materials provided are consistent with this subchapter. The Planning Director shall then sign the final plat on behalf of the Plan Commission and provide it to the applicant for recording with the County Recorder. Approval of the final plat shall be effective for a maximum period of one year from the date of approval, unless it is signed and recorded as required by this subchapter.
(6) Waivers. The Plan Commission shall have the sole authority to grant waivers of the requirements of this subchapter.
(a) Applicants seeking a waiver of one or more requirements shall provide written notice of the waiver request either at the time of filing the application or within 30 days of any adverse decision by the Technical Review Committee.
(b) The Planning Director shall place the waiver request on the agenda for the next appropriate Plan Commission meeting consistent with the adopted calendar of meeting and filing dates.
(c) Public notice for the meeting shall be required, consistent with the provisions of § 155.191.
(d) The Plan Commission shall consider the intent of the Comprehensive Plan and this subchapter when deciding the waiver request.
(e) The Technical Review Committee, at its discretion, may either hear any application contingent upon the outcome of a waiver request hearing by the Plan Commission, or table the request pending the outcome of the Plan Commission hearing.
(D) Specifications for administrative subdivision documents to be submitted. The administrative subdivision application shall be accompanied by a rural development concept plan prepared in pen or pencil, drawn to a convenient scale of not more than 100 feet to an inch, and show the following information:
(1) Property name. The property address, general location, and name (if there is a name by which the property is locally known).
(2) Property ownership.
(a) The name and address, including telephone number, of the legal owner, the developer of the property or his/her agent, and citation of last instrument conveying titles to each parcel of property to the owner involved in the proposed subdivision, giving grantor, grantee, date, and land records reference.
(b) Citations of any existing covenants on the property.
(c) The name and address, including telephone number, of the professional person(s) responsible for the subdivision design and for surveys.
(3) Property legal description. The location of the property, the name of the local jurisdiction, lot, section, range and county, graphic scale, north arrow, and date.
(4) Development description.
(a) A legend and notes, including a graphic scale, north point, and date;
(b) An indication of the lot to be considered the remainder of the parent tract;
(c) The approximate location of existing or proposed septic systems including termination point and outlet of all perimeter drain systems and/or the municipal sanitary sewer system;
(d) The approximate location of any existing or proposed wells and/or the municipal water system;
(e) A rural development concept plan approval certificate for signature by the Planning Director;
(f) Lot numbers and the area for each lot which may be created on the parent tract (listed in square footage and acres), including all setback lines, lot dimensions and road frontage widths;
(g) All existing and proposed easements including the location, width, and purpose of each easement;
(h) All existing and proposed rights-of-way on and adjoining the site of the proposed subdivision showing the street names and pavement widths;
(i) The location, size, and invert elevation of any utilities existing and proposed adjacent to, and on the site, including storm and sanitary sewers; water mains; electrical, telephone, and cable television lines; street lights; fire hydrants; and such other utilities as may be appropriate;
(j) The location(s) of any existing structure(s) on the site and a description of the future use;
(k) The location of natural streams, regulated drains, 100-year flood plains, floodways, water courses, marshes, wooded areas, and other structures or significant features;
(l) The location and results of tests, as required by any county, state, or federal government agencies made to ascertain subsurface soil, rock, and groundwater conditions;
(m) The location of all existing and proposed driveways, provisions for the construction and maintenance of shared driveways, and no-access easements;
(n) The proposed phasing of the development, if more than one lot is involved and development will occur over time.
(5) Subdivision covenants. In final plat any protective covenants applicable to the subdivision shall be prepared by the petitioner and be legally sound. The covenants shall be subject to the approval of the Planning Director and, at a minimum, shall provide a means for the maintenance and upkeep of any common drives and/or any drainage swales. All covenants shall be recorded in the office of the County Recorder, with a copy of the recorded covenants being provided to the Planning Director prior to the issuance of an improvement location permit.
(6) Vicinity description. On a separate sheet a vicinity map must be submitted that includes the following information:
(a) The location of the proposed subdivision within the town;
(b) All public thoroughfares/rights-of- way adjacent to or within 200 feet of the site;
(c) Existing and proposed driveways located on either side of all roads adjacent to the subject property;
(d) Existing zoning of the tract and all contiguous tracts surrounding the proposed subdivision.
(Ord. 2013-02, passed 3-11-13)