(A) Primary plat filing procedures.
(1) Subdivision plats shall be initiated by the filing of a notarized petition, in a form as prescribed by the Area Plan Commission, signed by the owners or an authorized agent of the owners of the land involved in the petition. An authorized agent shall file a written statement signed by the owner at the time of filing a petition which authorizes the agent to act on the owner’s behalf.
(2) The Area Plan Commission has delegated the review and approval authority for subdivision plats to the Plat Committee.
(3) Petitions for Primary Plat approval shall be filed with the Area Plan Commission no later than 12:00 p.m. on the day of the filing deadline set forth under “Subdivision Dates” of the Plat Committee schedule adopted annually by the Area Plan Commission.
(4) When findings of fact are required by this chapter, the petitioner shall prepare proposed detailed written findings of fact which shall be filed at the time of filing of the petition.
(5) All petitions shall specify the approvals requested. Any items, including proposed waivers of the standards set forth in this chapter, even if indicated on the proposed plans, shall not be considered a part of the request presented for consideration unless such waivers are specified in the petition.
(6) Each petition filed in proper form pursuant to the guidelines established by the Area Plan Commission shall, within 30 days of filing, be numbered and docketed by the Executive Director for review by the Plat Committee.
(B) Primary plat standards for approval. Primary plats shall only be approved by the Plat Committee upon determination that the primary plat is in full compliance with all terms and provisions of this chapter, the town Zoning Ordinance, and that:
(1) Adequate provisions have been made for regulation of minimum lot width, minimum lot depth, and minimum lot area;
(2) Adequate provisions have been made for the widths, grades, curves and coordination of subdivision public ways with current and planned public ways; and
(3) Adequate provisions have been made for the extension of water, sewer, and other municipal services.
(C) Primary plat conditions of approval. The Plat Committee may specify reasonable conditions on the approval of a primary plat related to the following:
(1) The manner in which public ways shall be laid out, graded, and improved. The Plat Committee may determine the need for additional street rights-of-way and improvements based upon existing plans, reports, or studies undertaken by the Area Plan Commission, or other county, state, or federal agency’s reports or studies. The Plat Committee may require additional studies to be done by the subdivider or other professional consulting firms to determine the need for additional street rights-of-way and improvements as a result of the proposed development and its impact on the surrounding areas;
(2) A provision for water, sewage, electric, and other utility services;
(3) A provision for lot size, number, and location;
(4) A provision for drainage design;
(5) A provision for other services specified in this chapter; and
(6) Technical, drafting, or other minor corrections being made to the primary plat.
(D) Secondary plat approval.
(1) Secondary plats are approved administratively by staff upon providing an accurate and complete secondary plat drawing and proof that the improvements required by the primary plat approval have either been:
(a) Completed to the appropriate construction standards and bonds for the maintenance thereof have been provided; or
(b) Performance bonds have been provided to assure the completion of these required improvements to the appropriate construction standards.
(2) All conditions imposed by the Area Plan Commission on the approval of the primary plat have been complied with.
(Ord. 1223, § 2.2, passed 5-11-2010)