(A) General procedures for primary approval. Should the Administrator, upon examination of the sketch plan application, classify the proposed land division as a minor subdivision, the subdivider shall follow the procedures and be subject to the process outlined in Figure 3-3 and detailed in this section. In addition to a sketch plan which is reviewed by the Administrator and checkpoint agencies for primary approval, by the Area Plan Commission, or its Executive Committee, where applicable, the applicant seeking approval of a minor subdivision shall submit for secondary approval a final subdivision plat which must be found in compliance with the sketch plan or otherwise approved in order to be signed and recorded.
(B) Official submission date and placement on the agenda. An application for sketch plan approval shall be submitted no less than 30 calendar days prior to either a regularly scheduled public meeting of the Area Plan Commission, or a regularly scheduled meeting of the Area Plan Commission’s Executive Committee, where applicable, at which the proposal is intended to be acted upon. The Administrator shall place such application on the agenda of the first regularly scheduled meeting of the Area Plan Commission, or its Executive Committee, where applicable, to occur 30 days after the date the application is submitted.
(C) Sketch plan review process. Within 20 calendar days of the subdivider 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 Executive Director shall request that a representative of each checkpoint agency that wishes 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 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) Administrative review. Subsequent to placement on the agenda, and prior to the date of 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 with regard to the subdivision being proposed.
(E) Public hearing notification. The Area Plan Commission shall hold a public hearing on the sketch plan 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 by certified mail. The applicant shall file with the Area Plan Commission at the time of the public hearing an affidavit so testifying.
(F) Primary approval of the sketch plan. After the Area Plan Commission, or its Executive Committee, where applicable, has, at a regularly scheduled meeting, examined the sketch plan, Administrator’s report, checkpoint recommendations, testimony, and exhibits submitted, the Area Plan Commission or its Executive Committee, where applicable, shall, at a regularly scheduled meeting, approve, conditionally approve, or disapprove the sketch plan. One copy of the sketch plan shall be returned to the applicant with the date of approval, conditional approval, or disapproval and the reasons therefore accompanying the sketch plan within five days after the public meeting. Primary approval by the Area Plan Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until the minimum of 30 days has elapsed since the granting of primary approval per secondary approval I.C. 36-7-4-708(d).
(G) Final subdivision plat procedure for secondary approval.
(1) Application requirements. Following approval of the sketch plan, the applicant, if he or she wishes to proceed with the subdivision, shall file with the Administrator an application for secondary approval of a subdivision plat. The application shall:
(a) Be submitted on forms available at the Office of the Area Plan Commission;
(b) Include the entire subdivision;
(c) Be accompanied by 15 copies of the subdivision plat as described in this chapter; and
(d) Totally comply with the chapter and the terms and conditions of approval.
(2) Determination of conformance (secondary approval). In order to be recorded, a final subdivision plat shall either be found to be in conformance with the approved sketch plan by the Administrator, or by the Area Plan Commission at a public meeting. If the final subdivision plat deviates from the sketch plan that received primary approval, the subdivision shall be resubmitted to the Area Plan Commission at a public meeting for a new primary approval. The subdivider submitting a final plat conforming to the primary approval shall choose as to whether this review is performed by the Administrator, Executive Committee of the Area Plan Commission or by 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 to be submitted as per §§ 152.105 through 152.120 in order to ascertain 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 subdivider choose Area Plan Commission review, the Area Plan Commission shall perform the same function by at a public meeting. The subdivider shall request in writing Area Plan Commission review 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; 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 public meeting shall give secondary approval or disapproval of the final plat. If approved it shall be signed by the designated officers of the Area Plan Commission. If not approved, the subdivider shall be informed as to the insufficiency of his or her submittal.
(H) Signing and recording a plat.
(1) Signing of plat. The designated officials of the Area Plan Commission shall endorse secondary approval on the plat after all of the conditions of primary approval have been satisfied.
(2) Assurance to subdivider. If it is shown that the conditions of the chapter have been met and if the final plat completely conforms to the primary approval, the Area Plan Commission shall have no recourse than to grant secondary approval.
(3) Recording of plat.
(a) The designated officials shall sign the certificate granting secondary approval 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 applicant and his or her engineer or surveyor.
(b) It shall be the responsibility of the subdivider in the presence of the Area Plan Commission’s Executive Director or his or her designee to file the 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)