(A) From the standpoint of the economy of time and money, it is recommended that the subdivider consult early and informally with the Executive Director of the Commission (hereinafter called “Director”) for advice and assistance. This will enable the subdivider to become familiar with these and other regulations as they affect the area and will prevent unnecessary and costly revisions. The subdivider should present a sketch in inexpensive and tentative form showing, in a general way, the proposed development, the existing conditions within the area proposed for subdivision and of surrounding lands, but this procedure is not mandatory. This shall not require formal application, fee, or filing of a preliminary plat, nor shall it be deemed a preliminary plat.
(B) Application for preliminary plat approval can be made on forms available at the Advisory Plan Commission. The application with all required information must be submitted to the Advisory Plan Commission by the filing deadline date with the following:
(1) The application must be signed by the owner;
(2) A drainage approval letter from the appropriate jurisdiction;
(3) A variance approval letter from the appropriate agency;
(4) Review agency comment letters.
(a) An affidavit verifying that a copy of the notification letter and the proposed plan were sent to the required agencies, this is sent as a “request for review.”
1. If the proposed subdivision is within unincorporated City of Marion, the following shall be notified: Highway Engineer, Drainage Board, Soil and Water Conservation District, Health Department, appropriate park board, appropriate fire department, and appropriate school corporation.
2. If it lies within the City of Marion, the following shall be notified: City Engineer, Soil & Water Conservation District, City Health Officer, Park Board, Board of Works, Fire Chief, Police Chief, appropriate school corporation, Community Development Director, housing authority, and appropriate City Council member.
3. If the proposed subdivision lies within a participating town, the following shall be notified: Town Board, County Health Department, appropriate school corporation, local Fire Department, Town Marshal, and Soil & Water Conservation District.
(b) A list of the agencies the letters were sent to.
(c) A copy of the letter sent.
(d) Checkpoint agency review: the administration shall request that all officials and agencies to whom request for review has been made submit a written report within 15 days after receipt of the request. No response from any agency shall be interpreted as meaning “no objection.”
(5) If septic systems are used a letter from the Health Department.
(6) Eight and one-half by eleven copy of plat.
(7) Five full size copies of the preliminary plat.
(C) Notification to public:
(1) Adjacent property owners. The APC will notify adjacent property owners at least ten days before the scheduled meeting.
(2) Legal ad. The APC will prepare the legal ad for the petitioner and will deliver the legal ad to the newspaper with instructions for advertisement as per I.C. 5-3-1-2(j). However, it is the responsibility of the petitioner to pay for the legal ad and obtain the publishers affidavit.
(3) Sign. The APC will supply the petitioner with a sign to advertise the petition. The sign shall be posted, by the petitioner, on the site to be subdivided at least 14 days before the meeting date.
(D) The Advisory Plan Commission will hold a technical review meeting. The petitioner or his agent are encouraged to come to the meeting.
(E) The petitioner and/or his agent shall attend the Advisory Plan Commission meeting for which his subdivision is on the docket.
(F) The petitioner after the preliminary plat is approved or conditionally approved shall file the following with the Advisory Plan Commission:
(1) Five copies of the final corrected plat with information as listed on the preliminary plat;
(2) Two mylar copies of the final corrected plat;
(3) Five sets of detailed plans and specifications (constructions plans) shall be submitted by the required deadline, if applicable;
(4) A bond or letter of credit or escrow agreement, if applicable. The petitioner may install all improvements before he applies for secondary approval;
(5) Performance agreement, if applicable;
(6) Documentation for any covenants or restrictions, if applicable;
(7) Documentation for any homeowners or neighborhood associations, if applicable;
(8) A letter from the appropriate jurisdiction authority approving the construction drawings, if applicable. The petitioner must submit all the information for the petition to be processed and put on the docket. If all the information is not submitted by the established filing deadline, the petition will not be heard until the following meeting.
(G) The petitioner or a representative may attend the Advisory Plan Commission meeting at which the plat is to be signed (a minimum of 30 days must elapse after the preliminary approval for the minor plat before it can be recorded).
(1) If the final plat deviates from the preliminary plat that received approval then the plat shall be resubmitted as a preliminary plat that must follow the entire subdivision process.
(2) If the final plat is approved and all other required documents have been submitted and approved by the Advisory Plan Commission then it shall be signed by the designated officials.
(H) It shall be the responsibility of the subdivider to file the plat with the County Recorder’s office within 30 days of the date of the signature. If the plat is not recorded in this time frame then the plat will have to be re-submitted as a preliminary plat and follow the entire subdivision platting process.
(I) Three copies of the plat must be taken to the County Recorder’s office to be recorded and are as follows:
(1) One mylar copy will be kept in the County Recorder’s office;
(2) One mylar copy shall be kept by the petitioner or his agent;
(3) One copy of the recorded plat (heavy bond paper) shall be returned to the Advisory Plan Commission to be kept in the file.
(J) Within two years of the date of the final approval of the plat the petitioner or subdivider must present to the Advisory Plan Commission a letter of acceptance for all infrastructure or other improvements from the appropriate jurisdictional agency.
(1) If the improvements are not completed within two years a request for an extension must be brought before the Plan Commission Board. The extension can be granted for no more than a total of one year.
(2) If the extension is denied the City of Marion or their representatives will use money from the bond, letter of credit, or escrow account to finish the work.
(Ord. passed - -)