§ 152.253 ISSUANCE OF IMPROVEMENT LOCATION PERMITS.

   (A)   No improvement location permit shall be issued for the last 10% of the lots or two lots whichever is the highest in a final subdivision plat or section thereof until all public improvements required by the Commission for the plat (with the exception of sidewalks) have been fully completed and accepted for maintenance by the participating jurisdiction.

   (B)   No permits may be issued for any portion of the area submitted for subdivision, until the plat has been approved and recorded.

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ADMINISTRATION

§ 152.265 ESTABLISHMENT OF REGULATIONS.

   These regulation shall hereafter be known and cited as the City of Marion Advisory Subdivision Control Ordinance.

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§ 152.266 AUTHORITY AND JURISDICTION.

   These regulations are enacted pursuant to I.C. 36-7-4-700 series, Subdivision Control, as amended, which authorizes the City of Marion Advisory Plan Commission to:

   (A)   Review and approve or disapprove plats for subdivisions through its jurisdiction. The jurisdiction of the Commission shall include the unincorporated areas of the City of Marion;

   (B)   No improvement location permit or building permit shall be issued for any parcel or plat that is created by subdividing land that is not in conformity with the provisions of this chapter. The excavation of land or construction of any public or private improvements shall be commenced only in conformity with the construction standards adopted by the city.

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§ 152.267 INTERPRETATION AND CONFLICT.

   (A)   Public provisions. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule, regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

   (B)   Private provisions.

      (1)   These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern.

      (2)   Where the provision of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of this chapter and such private provisions are not inconsistent with this chapter or determinations thereunder, then such private provision shall be operative and supplemental to these regulations. Private provisions can only be enforced privately unless a public agency ordered/required the provision and has agreed to enforce the provisions.

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§ 152.268 AMENDMENTS.

   All participating jurisdictions, on recommendation of the Commission may from time to time amend the provisions imposed by this chapter. Public hearings on all proposed amendments shall be held by the Commission in the manner prescribed by law.

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§ 152.269 CONDITIONS.

   Regulation of the subdividing of land and the attachment of reasonable conditions to land subdividing is an exercise of valid police power delegated by the state to this city.

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§ 152.270 RESUBDIVISION OF LAND.

   (A)   Procedure for resubdivision. For any change in a map of an approved or recorded subdivision plat except for typographical errors, the petitioner must file the corrected plat with the Advisory Plan office and follow the same procedure, rules, and regulations for the subdivision plat approval as stated in the current ordinance.

   (B)   Procedure for subdivision where future subdivision is indicated. Whenever a parcel of land is subdivided, the Commission may require that such parcels of land allow for the future opening of streets or the extension of adjacent streets. Easements or rights-of-way providing for the future opening and extension of such streets may be made a requirement of the plat.

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§ 152.271 VACATION OF PLATS.

   Any recorded plat or part of any recorded plat may be vacated only in accordance with I.C. 36-7-3, as amended from time to time, and according to the rules and procedures of the Advisory Plan Commission.

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