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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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(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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(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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(A) General. Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations. Such variances shall not have the effect of nullifying the intent and purpose of these regulations. The Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other nearby property;
(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out; and
(4) The variance will not in any manner contradict the provisions of the Zoning Ordinance, Comprehensive Plan, or Official Map as interpreted by the Commission and the jurisdictional engineer;
(B) Conditions. In approving variances, the Commission may require such conditions as will secure the objectives of the standards or requirements of these regulations.
(C) Procedures. An approved petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat application is filed. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(D) Modifications. Variance modifications must be submitted in writing to the Commission. These modifications shall be referred immediately to the appropriate participating jurisdiction for their approval or rejection. If such participating jurisdiction approves of such modifications in writing, or fails to either approve or disapprove within 30 days after the same has been referred to them, the Commission may modify such requirements, standards and specifications so as to promote the public health, safety, and welfare, and prevent detriment to the use and value of said land. However, nothing herein shall be construed as altering or conflicting with the powers and duties of the Board of Zoning Appeals pursuant to I.C. 36-7-4-900, as amended. No authority to modify shall exist in the Commission if the appropriate participating jurisdiction by writing disapproves such modification.
(Ord. passed - -)
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