(A) General procedures for primary and secondary approval. Should the Administrator, during sketch plan review, classify the proposed land division as a major subdivision, the subdivider shall follow the procedures and be subject to the processes outlined in Figure 3-2, and detailed in this section. In addition to a sketch plan which is reviewed by the Administrator and checkpoint agencies, the applicant seeking approval of a major subdivision shall submit a preliminary subdivision plat to be approved, conditionally approved, or rejected by the Area Plan Commission at a public meeting, and a final subdivision plat which must be found in compliance with the preliminary plat as approved by the Area Plan Commission or otherwise approved in order to be signed and recorded.
(B) Official submission dates. The deadline for submittal of a sketch plan and application for certificate of approval shall be 61 calendar days prior to the date of the public meeting at which the subdivider intends to have his or her preliminary plat submission heard, and 31 calendar days prior to the deadline for the submission of the preliminary plat. Thus, as a minimum, sketch plan submission shall precede preliminary plat submission by no less than 31 calendar days, which in turn shall precede the public meeting at which it is intended to be heard by no less than 30 calendar days.
(C) Sketch plan review process. Within 20 calendar days of the subdivider’s sketch plan application submittal, the Administrator shall have studied the proposal, reviewed checkpoint reports received, and met with the subdivider to discuss pertinent aspects of the proposed subdivision and possible modifications and/or changes that may be suggested or required by this chapter. The Administrator shall request that a representative of each checkpoint agency wishing to be involved in a sketch plan review be present to participate in the sketch plan review meeting. In taking into consideration the requirements of this chapter, particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot size and arrangement, the further development of adjoining lands as yet unsubdivided, and the requirements of the Official Map and Comprehensive Plan as adopted by the participating jurisdictions. Subsequent to the meeting the Administrator shall provide the participants with a written record of the proceedings of that meeting.
(D) Preliminary plat procedures for primary approval.
(1) Submission requirements. Following the submission, review, and report on the sketch plan application, the subdivider may file for primary approval of a preliminary plat. This submission shall:
(a) Be made on forms available at the office of the Area Plan Commission and be submitted with a fee established by the Area Plan Commission for each lot which was not included in the initial sketch plan application;
(b) Include all of land which the applicant proposes to subdivide and all land immediately adjacent extending 100 feet there from or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, with the names and addresses of the owners as shown in the Auditor’s files. This information may be shown on a separate current Plat Map reproduction from the Auditor’s Office showing the boundaries of the subdivision superimposed thereon;
(c) Be presented in duplicate to the Administrator no later than 30 calendar days prior to the regular meeting of the Area Plan Commission at which it is intended to be heard;
(d) Be accompanied by ten copies of the preliminary plat as described in this chapter; and
(3) Generally comply with the sketch plan as reviewed.
(2) Placement on the Area Plan Commission agenda. Subsequent to the submission for primary approval, the Area Plan Commission shall place the matter on its next regular meeting agenda for formal action.
(3) Administrative review. Subsequent to the placement on the agenda and prior to the date of the public hearing, the Administrator and other appropriate members of the Area Plan Commission’s staff including its Executive Director shall review the proposal and prepare a written report to the Area Plan Commission and applicant indicating a recommendation to the subdivision being proposed.
Proposed Subdivision in Unincorporated Area of Posey County
1. Drainage Board (county surveyor)
2. County Soil and Water Conservation District
3. County Health Sanitation office
4. Appropriate Fire Departments
5. Metropolitan School District
6. County Commissioners
7. Utility Companies
8. Country-Mark Co-op (underground lines)
9. County Engineer or Designee
Proposed Subdivision Within City of Mt. Vernon
1. City Engineer or Designee
2. County Soil and Water Conservation District
3. City Council
4. City Board of Parks and Recreation
5. City Fire Chief
6. City Police Chief (traffic)
7. Metropolitan School District
Proposed Subdivision Within Incorporated Towns, Including Poseyville or Cynthiana
1. City Engineer or Designee
2. County Health Board
3. School Board
4. Local Fire Department
5. Town Marshall
6. County Soil and Water Conservation District
(4) Public hearing notification. The Area Plan Commission shall hold a public hearing on the preliminary plat and notice of such hearing shall be in two local newspapers of general circulation ten days prior to the hearing (per I.C. 5-3-1) at the applicant’s expense. At the time of the public hearing, the applicant shall submit an affidavit stating that the applicant has placed posters provided by the Administrator (advising interested parties of the hearing) at the locations designated by him or her on the proposed subdivision property at least ten days prior to the public hearing and show proofs of publication that the notices of public hearing were published at least ten days prior to the public hearing. Interested parties (see § 152.017) shall be notified by the applicant of the date, time, place, and purpose of the public hearing on the subdivision at least ten days prior to the hearing by certified mail. The applicant shall file with the Area Plan Commission at the line, of the public hearing an affidavit so testifying.
(5) Primary approval of the preliminary plat. After the Area Plan Commission has held a hearing upon the preliminary plat, the Administrator’s report, checkpoint recommendations, testimony, and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Area Plan Commission shall at a public meeting, grant primary approval, conditional approval or disapprove the preliminary plat. One copy of the preliminary plat shall be returned to the applicant with the date of approval, conditional approval or disapproval and with the reasons therefore accompanying the plat within five days of the public hearing. Before the Area Plan Commission approves a preliminary plat showing a park reservation or land for other local government unit, the Area Plan Commission shall obtain approval of the park or land reservation from the participating jurisdiction. Primary approval by the Area Plan Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until a minimum of 30 days has elapsed since the granting of primary approval, per I.C. 36-7-4-708(d).
(6) Field trip. The Area Plan Commission, at its discretion, upon hearing the request for primary approval, may elect to continue the matter until its next regularly scheduled public meeting, and may schedule a field trip to the site of the proposed subdivision, accompanied by the applicant or his or her representative.
(7) Effective period of primary approval. Unless extended the primary approval of a preliminary plat shall be effective for a period of two years at the end of which time secondary approval of the subdivision for at least one section must have been obtained and certified by the designated officials. Secondary approval of any section of the preliminary plat shall extend primary approval of the preliminary plat for another two years. Any preliminary plat not receiving secondary approval of a section of the preliminary plant within the period of time set forth herein shall be null and void, and the developer shall be required to submit new application for sketch plan review and certificate subject to all the zoning restrictions and subdivision regulations in effect at the time of resubmission. Upon request of the applicant, the Area Plan Commission may extend the primary approval of a preliminary plat in increments of two years beyond the expiration date without further notice and public hearing, provided the request of extension if made at least 30 days before the expiration of the primary approval. However, if secondary approval of any section the preliminary plat has not be approved after two years, the applicant must comply with the subdivision requirements in effect at the time of each two extension of the preliminary plat.
(E) Approval of construction plans.
(1) Submission procedure and requirements. Following the review of the sketch plan and prior to submission of the final plat for secondary approval, the applicant, if he or she wishes to proceed with the subdivision, shall file with the Administrator before starting work on any improvements three sets of the detailed plans and specifications thereof for approval, prepared by a licensed professional engineer or land surveyor in the State of Indiana. (Four or five sets may be necessary if the Drainage Board is involved or the City Engineer or designee where a subdivision is located in the county but city or town sewer and water is used).
(2) Review process. The Administrator shall immediately refer these plans to the appropriate agencies of the affected participating jurisdictions for review. Once these agencies indicate their approval of the construction plans or 14 working days have elapsed since their distribution without a written response, the Administrator shall stamp the plans approved and return one set to the applicant. In no event shall secondary approval of the final plat be given prior to approval of the construction plans.
(3) Installation of improvements. The installation of improvements shall be inspected by the appropriate participating jurisdiction. Such inspections are required in all instances regardless of whether the work is performed before or after secondary approval. Failure to request inspection of work performed after the date of this chapter and before secondary approval may be the cause for denial of secondary approval.
(F) Final plat procedures for secondary approval.
(1) Submission requirements. Following primary approval of the preliminary plat and construction plans, the applicant, if he wishes to proceed with the subdivision, shall file with the Administrator a request for secondary approval of a final plat. The application shall:
(a) Be submitted on forms available at the Office of the Area Plan Commission;
(b) Include the entire subdivision, or section thereof which derives access from an existing state, county, or municipal roadway;
(c) Be accompanied by ten copies of the final plat as described in this chapter;
(d) Totally comply with the chapter and the terms and conditions of primary approval;
(e) Be accompanied by the performance bond (or equivalent financial instrument) per § 152.070, if required, in a form satisfactory to the Area Plan Commission Attorney and in an amount established by the Area Plan Commission upon recommendation of the participating jurisdiction, and shall guarantee the completion of all required subdivision and offsite improvements; and
(f) Be accompanied by any restrictive covenants in a form proved by the Area Plan Commission, whether they have been proposed by the subdivider or required by the Area Plan Commission.
(2) Determination of conformance (secondary approval). In order to be recorded, a final plat shall either be found to be in conformance with the primary approval by the Administrator, or by the Area Plan Commission at a public meeting. If the final subdivision plat deviates from the preliminary plat that received primary approval, the subdivision shall be resubmitted to the Area Plan Commission at a public meeting for a new primary approval. If all improvements have been satisfactorily completed, the subdivider submitting a final plat conforming to the primary approval shall choose whether this review is to be performed by the Administrator or by the Area Plan Commission at a public meeting. If all improvements have not been completed and a performance bond (or equivalent financial instrument) is required, the subdivider shall submit the final plat for approval to the Area Plan Commission at a public meeting.
(a) Should the subdivider not choose Area Plan Commission review, the Administrator shall within ten working days, review the items submitted as per division (F)(1) of this section in order to ascertain the sufficiency as to conformance with the primary approval. If the submission is found to be in conformance and complete, the Administrator shall recommend the signing of the certificate granting secondary approval.
(b) Should the subdivision require a performance bond (or equivalent financial instrument) or the subdivider chooses Area Plan Commission review, the Area Plan Commission shall perform the same function by a public meeting. The subdivider shall request Area Plan Commission review in writing no less than 30 calendar days prior to the date of the public meeting at which he or she intends to have his or her final plat reviewed. The Area Plan Commission shall place the matter on its next regular meeting agenda. The Administrator shall review the proposal and submit a written report and recommendation to the Area Plan Commission and the applicant and the Area Plan Commission at the public meeting shall approve or disapprove (with reasons) the final plat. If granted secondary approval and the performance bond (or equivalent financial instrument) has been posted, it shall be signed by the designated officials. If not granted secondary approval, the subdivider shall be informed as to the insufficiency of his submittal.
(3) Sectioning plats. Prior to granting secondary approval of a major subdivision plat, the Area Plan Commission may permit the plat to be divided into two or more sections, and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. If all improvements have not been completed, the Area Plan Commission shall require that the performance bond (or equivalent financial instrument) be in such amount as is commensurate with the section or sections of the plat to be filed for secondary (final) plat approval, but may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for secondary (final) plat approval. Such sections must contain at least 20 lots or 10% of the total number of lots contained in the approved plat, whichever is less. The approval of all remaining sections not filed with the Administrator shall automatically expire after two from the date of primary approval of the preliminary plat, unless the approval of the preliminary plat has been automatically extended by two years through the secondary approval of a section of the preliminary plat or unless the expiration date has been extended.
(4) Bond forfeiture. If a bond (or equivalent financial instrument) has been posted for the completion of improvements and the improvements have not been completed within two years, the Area Plan Commission shall review the adequacy of the bond (or equivalent financial instrument), determine if the amount of the bond (or equivalent financial instrument) should be increased or decreased based on the improvements to be completed or declare the bond (or equivalent financial instrument) forfeit.
(G) Signing and recording a plat.
(1) Signing of plat.
(a) When all improvements have not been completed and a bond (or equivalent financial instrument) is required, the designated officials of the Area Plan Commission shall endorse approval on the plat by signing the certificate after the bond (or equivalent financial instrument) has been approved, and all conditions of the primary approval have been satisfied.
(b) When installation of improvements is required in lieu of posting a bond (or equivalent financial instrument), the designated officials of the Area Plan Commission shall endorse secondary approval of the plat by signing the certificate after all conditions of the primary approval have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the participating jurisdiction as shown by a certificate signed by the appropriate Board of Works, County Commissioners, Town Board or the County Drainage Board that the necessary improvements have been accomplished.
(2) Assurance to subdivider. If the subdivider elects to install all improvements before he or she applies for secondary approval and it is shown that the conditions of the ordinance have been met, and if the final plat completely conforms to the primary approval and all improvements have been satisfactorily installed, the Area Plan Commission shall have no other recourse than to grant secondary approval.
(3) Recording of final plat.
(a) The designated officials shall sign the certificate which shall be part of the tracing cloth or reproducible mylar of the subdivision plat, plus two mylar prints of the subdivision plat. The mylar prints shall be returned to the subdivider and his engineer or surveyor.
(b) It shall be the responsibility of the subdivider in the presence of the Executive Director or his or her designee to file the final plat with the County Recorder within 30 days of the date of signature. After 30 days of the date of signature of the final plat, the final plat shall be resubmitted for approval by the Area Plan Commission.
(Ord. 13-8, passed 5-16-13)