(A) Notice of publication for primary plat hearing. After notification by the Commission of the date of public hearing for the primary plat, the applicant shall place legal notice, in a newspaper of general circulation in the city, which shall be published at least 15 days prior to the hearing date and proof of publication shall be made by an affidavit of the publisher attached to a copy of the notice taken from the paper in which it was published. Such affidavit shall include the name of the newspaper and the time of publication. Proof of publication shall be returned to the City Superintendent not less than two business days prior to the public meeting.
(B) Notice to adjacent owners of primary plat hearing.
(1) Additional notice shall be given to all adjacent landowners who are within two parcels in depth or 660 feet from the subject property, whichever is least.
(2) Such notification shall be made at least 15 days prior to the hearing date and be made by certified or registered mail, return receipt requested.
(3) For purposes of this notice requirement, where the petitioner owns any of the adjoining parcels of ground, the subject property shall be deemed to include such adjoining land owned by the petitioner.
(4) For the purpose of determining the names and addresses of the legal adjacent property owners, the records of the most recent tax assessment records as they appear in the offices of the County Auditor shall be deemed to be the true names and addresses of persons entitled to be notified.
PUBLICATION AND NOTICE TO ADJACENT LAND OWNER SHALL STATE: 1. The location, by address with distance and direction to nearest intersecting streets, together with legal description of the land involved in the petition. 2. That the petition may be examined in the City Superintendent’s office, during regular business hours at City Hall, 59 So. Jefferson St., Martinsville, Indiana. 3. The docket number and the specific request set out in the petition with sufficient detail for the public to determine the extent of the proposed development. At a minimum, the acreage to be developed, number of lots and typical lot size shall be included. 4. The time and location that said petition has been set for public hearing by the Commission. |
(C) Notice to checkpoint agencies. Notice shall also be provided to the following checkpoint agencies stating that plans are available for their review and comment at the office of the City Superintendent. The notice shall state specifically the nature of the development, the number of employees or potential households and traffic impact. Notice shall be sent by certified mail, return receipt requested, or hand delivered with proof of delivery, to the following not less than 15 days prior to the hearing:
(1) The city’s Police Department or the County Sheriff;
(2) Metropolitan School District of the city;
(3) The county’s Soil and Conservation District;
(4) The county’s Highway Engineer;
(5) The city’s Fire Department and any other fire departments having jurisdiction; and
(6) The county’s Board of Health if the development is to be serviced by individual waste treatment (septic) systems.
(D) Notice to Commission and Board members. Each member of the Plan Commission or Board of Zoning Appeals, as the case may be, shall be sent by regular mail at his or her address as provided by the Commission, not less than 15 days prior to the hearing a notice per subsection (B) above.
(E) Affidavit of notice. The petitioner shall furnish evidence of compliance of the notice requirements by filing a notarized statement with the Board or Commission as is appropriate. Said notice shall list names and addresses of the property owners to whom the notices sent out and the return receipts of postal registrations shall be attached to the affidavit in the same order as the property owners are listed on the affidavit and returned to the office of the City Superintendent not less than two business days prior to the public meeting.
(F) Surety. With every plat filing, the developer shall specify the type of surety (cash, bond or non- revocable letter of credit) and the name of the surety company or bank providing letter of credit, for the surety required for performance and maintenance for all infrastructure required to be constructed as part of primary plat approval.
(G) Written finds, determination. If, after the hearing, the Commission determines that the application and plat comply with the standards in this chapter, it shall make written findings and a decision granting primary approval to the plat. This decision must be signed in the appropriate space upon the plat by the Chairperson of the Commission and attested to by the Secretary of the Commission.
(H) Design plans. If the primary plat is approved by the Commission, the developer shall cause complete design plans for all infrastructure to be prepared by a state registered professional engineer or, if no water system or sanitary lift stations are required, by a state registered land surveyor. All required federal, state and local permits must be obtained. Prior to beginning any infrastructure work, three complete sets of plans shall be submitted to the City Engineer for his or her comment and approval. The developer shall amend or revise the design plans to comply with the City Engineer’s comments. After revision, the developer shall again submit three complete sets of plans together with copies of all required federal, state and local permits to the City Engineer. If complete design plans are not submitted to the City Engineer within one year after primary plat approval by the Commission, then the plat is void. If the primary plat was approved showing, sections, blocks or phases only, design plans for the first section need be submitted within one year.
(I) Compliance. If, after the hearing, the Commission determines that the application and plat do not comply with the standards in this chapter, it shall make written findings and a decision denying primary approval to the plat. The Commission will provide a copy of its findings to the applicant and any interested party requesting such information. This decision must be signed by the Chairperson of the Commission and attested to by the Secretary of the Commission.
(J) Voidance. If infrastructure construction has not begun within two years from the date of design plan approval by the City Engineer, per subsection (H) above, then the entire primary plat is void. When a primary plat was approved showing sections, blocks or phases construction on a subsequent section, block or phase must begin within four years of the date of recording of the secondary (final) plat of the previous section, block or phase. The Commission may void any primary plats, sections, blocks or phases where construction has not begun within these time limits.
(Ord. 2001-1478, passed 11-19-2001)