(A) A person desiring the approval of the plat for the subdivision of land shall submit in writing application therefor with the Plan Commission, together with six blueprints or photostatic copies of the proposed plat. The application shall be submitted at least ten days before a regular meeting of the Commission and shall contain information concerning proposed land use of the subdivision, deed restrictions, drawings, elevation, sewage disposal, public utilities facilities and such other information that will assist the Commission to consider the application. The proposed plat shall comply with all the minimum requirements provided for in § 154.03.
(B) Within a reasonable time thereafter, the Commission shall consider the application and proposed plat, and if the same is not approved the applicant shall be notified in writing of the action and the reasons therefor by the Commission.
(C) If the Commission tentatively approves the application and proposed plat, it shall set a date for the public hearing thereon, notify the applicant in writing of the hearing by registered mail, and shall notify all persons and governmental units having a probable interest in the proposed subdivision of the hearing by one publication in the newspaper of general circulation printed and published in Floyd County, Indiana, not less than ten days prior to the date fixed for the hearing. The cost and expense of the application publication shall be borne by the applicant.
(D) The approval by the Commission of the application and proposed plat shall not be deemed final acceptance of the same, but shall constitute approval only as to the general form and planned features thereof.
(E) Within six months after the approval of the application and proposed plat, unless an extension of time has been granted by the Commission, the final plat shall be submitted to the Commission and shall conform with the requirements of a final plan as hereinafter provided for in § 154.05, and with all of the conditions which may have been specified by the Commission upon approval of the application and proposed plat. In addition thereto, the subdivider shall file with the Commission a certificate of the City Engineer to the effect that the streets, sewers, water and other utilities and facilities that have been required as a precedent to approval have been agreed, improved and installed in accordance with the specifications and this chapter. Unless the final plat and certificate is submitted within the time as herein provided for or extended by the Commission, the approval of the application and provided plat shall be null and void and without force and effect.
(F) The Commission may approve the final plat of any subdivision in which the improvements and installations have not been completed by the ordinance or by the Commission for the approval of the final plat if the subdivider or applicant provides a bond which shall:
(1) Run to the Board of Works;
(2) Be in an amount determined by the Commission to be sufficient to complete the improvements and installations in compliance with this chapter;
(3) Be with surety satisfactory to the Commission; and
(4) Specify the time for the completion of the improvements and installations.
(G) Within a reasonable time after the submission of the final plat and certificate of bond, the Commission shall approve or disapprove it. If the Commission approves the plat, it shall affix the Commission's seal thereon together with the certifying signatures of its President and Secretary. If the Commission disapproves, it shall set forth its reasons in its records and provide the applicant a copy.
(H) The Plan Commission shall review all proposed subdivisions to determine whether the subdivision lies in the OS (fp), Open Space (flood plain), district as designated by the Zoning Ordinance. If the Plan Commission finds the subdivision to be located in the district, the Plan Commission shall forward pertinent plans and materials to the Indiana Department of Natural Resources for review and comment. The Plan Commission may require appropriate changes and modifications in order to assure that it is consistent with the need to minimize flood damages; all public utilities and facilities, such as sewers, gas, electrical and water systems located and constructed to minimize or eliminate flood damage; adequate drainage is provided so as to reduce exposure to flood damage; and that on-site waste disposal systems, if provided, will be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood as defined by the Zoning Ordinance. Submission of plans and materials to the Indiana Department of Natural Resources for review and comment shall be for the purpose of the Department determining whether the proposed subdivision is located in the floodway as defined by the Zoning Ordinance of the OS (fp) district, and whether state permits are to be required; the Department may also recommend certain stipulations to be placed upon the development of the subdivision. At such time as the specific floodway has been determined for the city in its entirety, then only proposals located in the floodway shall be submitted to the Indiana Department of Natural Resources.
(Ord. 4585, passed 12-3-1956; Ord. Z-77-659, passed 6-6-1977)