The minor subdivision process is intended to provide a streamlined process for the platting and development of a limited number of lots where the creation or extension of streets, water lines, sewer lines, or other public improvements is not required.
(A) Consultation encouraged.
(1) Prior to the submission of a minor subdivision, the subdivider is encouraged to consult informally with the staff. This will create an understanding between the staff and the subdivider which may help to alleviate future misunderstandings and extensive revisions.
(2) Notwithstanding anything contained in this chapter to the contrary, neither the staff’s conceptual plat review of the sketch plan submitted at a pre-filing consultation nor staff’s comments to the petitioner relating thereto shall be considered a denial, approval, or decision concerning the proposed primary plat.
(B) Name of subdivision. The name of the subdivision shall not duplicate or closely approximate the name of any other subdivision within the town or other areas of the county. Care should be taken to keep the names short and, if applicable, consistent with adjacent subdivisions which have been previously approved and recorded.
(C) Minor subdivision; filing requirements for primary and secondary approval. An application for a minor subdivision shall be submitted to the Area Plan Commission in accordance with the filing schedule established by the Area Plan Commission. The submission shall include the following:
(1) Drawing. An original drawing on 24-inch by 36-inch vellum, linen or Mylar film, at a scale not less than 1 inch equals 100 feet or greater than 1 inch equals 50 feet. All printed numbers, letters, and typed information shall be in capital letters and the size of an 11 point type font so that the drawing is adaptable to photographic reduction and will maintain complete legibility. The original drawing shall be accompanied by 6 prints and include the following.
(a) Name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision within the incorporated or unincorporated areas of the county.
(b) Legal description of the subdivision which shall include section, township, range, and governmental township.
(c) Boundary of subdivision, based on accurate traverse survey with accurate dimensions in feet and hundredths thereof, and bearings expressed in degrees, minutes, and seconds. The traverse survey shall be closed to the minimum requirements of the State Standards for the practice of land surveying as required by 865 I.A.C. 1-12-7 et seq. A separate boundary closure sheet need not be submitted.
(d) Name, address, seal, signature, and certification of the registered land surveyor preparing or certifying the subdivision, in a manner prescribed by the Area Plan Commission.
(e) Numeric scale, graphic bar scale, north point, and date.
(f) Elevation and delineation of the 100-year regulatory flood and certification of compliance with the National Flood Insurance Program, when applicable.
(g) A note shall be placed on the plat, when applicable, to indicate the presence of any condition on any lot which would not be conducive to the development of basements (e.g., seasonal high water table, and the like).
(h) A blank area of 4 inches vertical by 9 inches horizontal within which to affix the Area Plan Commission’s certificate of approval without obscuring or obliterating any other items on the plat.
(i) The location of all public wells and the delineation of any wellhead protection area, when applicable.
(j) Delineation of those soils that may not be suitable for a conventional subsurface on-site sewage disposal system by a either a soil investigator or as shown in the Soil Survey of St. Joseph County, and a note concerning restrictions for on-site sewage disposal systems.
(k) Delineation of wetlands identified by the National Wetlands Inventory, when applicable.
(l) A note shall be placed on the plat indicating that building setbacks shall conform to the applicable provisions of the Zoning Ordinance.
(m) Owner’s certification, in a manner prescribed by the Area Plan Commission.
(n) All right-of-way lines and width of right-of-way, existing and required for dedication.
(o) Statement that all easements that are indicated on documentation provided by the property owner are shown on the drawing.
(p) Statement regarding how the subdivision will be served by water, sewer, and electric, i.e., municipal water, sewer, and electric.
(q) Lot numbers.
(r) All lot lines and easements with accurate dimensions in feet and hundredths thereof, and bearings expressed in degrees, minutes, and seconds. All easements shall be identified as to their specific use.
(s) Deed of dedication, in a manner prescribed by the Area Plan Commission.
(t) Notarization and seal, in a manner prescribed by the Area Plan Commission.
(u) Certification of compliance with the National Flood Insurance Program, when applicable.
(v) Statement concerning any encroachments upon existing building setback lines and/or easements.
(w) Accurate location and type of all existing and required monuments conforming to State Standards 865 I.A.C. 1-12-18 et seq.
(x) Township, range, and section lines accurately tied to the subdivision by bearing and distances in feet and hundredths thereof.
(y) Coordinate data which ties the subdivision to the North American Datum 1983 State Plane Coordinates System, to the standards adopted by the County Surveyor, or provide a letter from the County Surveyor which indicates that ties to such State Plane Coordinates System is not required.
(z) This drawing shall be accompanied by such other information as the Area Plan Commission may require under the provisions of this chapter.
(2) Site Data Sheet (SDS). Six prints of a drawing on a sheet 24 inches by 36 inches, at a scale not less than 1 inch equals 100 feet or greater than 1 inch equals 50 feet, including, but not limited to the following.
(a) Name of the subdivision.
(b) The adjacent county roads and the nearest major intersection, with right-of-way widths labeled.
(c) Name and address of the registered land surveyor preparing the subdivision.
(d) Numeric scale, graphic bar scale, north point, and date.
(e) Known or suspected location of landfills, dumpsites, or sites used for disposing of hazardous substances.
(f) Location of soil borings and test pits.
(g) Existing man-made structures and improvements within the proposed subdivision, including driveways, culverts, fences, utility poles, hydrants, and the like. Profiles of ditches at 25-foot intervals may be required at the request of the Town Engineer.
(h) Natural features such as wooded areas, swamps, marshes, streams, and drainage courses, and objects which may be located within the public rights-of-way, including trees.
(i) Existing topographic contours at vertical intervals of 2 feet or less. Vertical control data shall be based on National Geodetic Vertical Datum or the St. Joseph County GIS. United States Geological Survey contours shall not be acceptable.
(j) A graphic and/or textual summary of any known environmental site studies which contains a recommendation or conclusion which impacts the site of the proposed subdivision.
(k) The location of all public wells and the delineated wellhead protection area, if any.
(l) Legal description and tract boundary drawing of the entire property which is being subdivided.
(m) A vicinity key map at a noted scale of 1 inch equals 2,000 feet or 1 inch equals 3,000 feet showing the location of the subdivision, major streets, and physical features, such as rivers and creeks, within a distance of 2 miles.
(n) Name and address of the subdivider.
(o) The address and approximate distance of the nearest house to the subdivision or within the subdivision.
(p) The existing Tax Key Number for the property to be subdivided.
(q) If the property within 300 feet of the subdivision has been subdivided, the subdivision layout, name, section, and instrument number shall be included.
(3) Engineering feasibility report. Three copies of a report including, but not limited to the following.
(a) Sanitary sewage:
1. Type of public sanitary sewage disposal system to be used; and
2. Distance from the nearest public sewer.
(b) Water supply:
1. Type of public water supply to be used; and
2. Distance from the nearest public water main.
(c) If within 500 feet on an existing public sewer or water main, provide a letter from the owner of the system indicating adequate capacity exists and approval to connect, or an analysis of the feasibility of connecting to the system. The analysis shall include the distance to the point of connection, estimate of cost of extending the system through the subdivision, and the capacity of the existing system to handle the additional load.
(d) Electrical supply:
1. Type of electrical supply to be used, i.e., underground or overhead; and
2. Distance from nearest public electric distribution system.
(4) Drainage plan. A drainage plan, as required for major subdivisions under § 151.058, may be required for a minor subdivision upon request by the Town Engineer or County Surveyor.
(5) Traffic impact study. A traffic impact study may be required by the Town Engineer when warranted in compliance with the INDOT Traffic Impact Study Guidelines. The traffic impact study shall be prepared by a registered professional engineer and shall evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway network.
(6) Digital data submission. All minor plats submitted for secondary review shall include a digital copy of the proposed subdivision prepared in accordance with the requirements set forth in the “Digital Data Submission Standards” as set forth by the Area Plan Commission.
(7) Ownership and subsequent divisions report. One copy of a report including the following.
(a) Proof of ownership of the property to be subdivided as contained within a parcel or tract of land in single or separate ownership as of December 4, 1979.
(b) A history of any divisions to that original parcel or tract of land subsequent to December 4, 1979.
(8) Ownership. Proof of ownership of the subdivision.
(9) Other approval. The applicant shall provide a summary of any other local, state, or federal governmental approvals required for the development of the subdivision and a statement of the status of each such approval.
(10) Rule 5. Any subdivision subject to Rule 5 shall provide proof of application for a notice of sufficiency.
(11) Fee. The submission of the subdivision shall be accompanied by fees as prescribed by the Area Plan Commission.
(12) Application. A completed application shall be submitted upon forms provided and in a manner prescribed by the Area Plan Commission.
(D) Minor subdivision; review, appeal, and approval procedure. The review, appeal, and approval procedure for minor subdivisions shall be as follows.
(1) Completeness.
(a) All of the required information shall be complete upon filing in order for staff to begin its review. Applications with incomplete plans shall not be docketed until complete plans have been filed with the Area Plan Commission.
(b) The staff shall determine if all required elements of an application for a minor subdivision have been provided. If staff determines that an application is complete, staff shall begin the review process in accordance with the filing schedule established by the Area Plan Commission.
(c) If, however, staff notes a deficiency in the application materials, staff shall notify the applicant of that deficiency. Upon receipt of the materials required to complete the application, staff shall begin the review process for the next available meeting of the Plat Committee.
(d) The Executive Director, in his or her sole discretion, may waive or relax any of the requirements listed above for a primary plat of a minor subdivision, as circumstances dictate.
(2) Referral and review. The staff shall refer prints of the subdivision to the appropriate agencies.
(a) 1. If the subdivision falls within a designated special flood hazard area, the subdivision shall be reviewed by the Department of Natural Resources.
2. If the proposed subdivision is to be located in a special flood hazard area, the subdivider’s registered land surveyor or engineer shall forward pertinent plans and materials to the Department of Natural Resources for review and comment. Appropriate changes and modifications may be required in order to assure that the development of the proposed subdivision is consistent with the need to minimize flood damages, including but not limited to the following: all public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; adequate drainage shall be provided so as to reduce exposure to flood hazards; and on-site waste disposal systems, if provided, shall be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.
3. All subdivisions to be located in a special flood hazard area shall have the elevation of the 100-year flood noted on the secondary plat and a delineation of the special flood hazard area thereon.
(b) The staff may also refer the subdivision to any federal, state, or county agency, board, or department which has regulations or rules which affect the use or design of the subdivision, or the location or height of structures to be placed within the subdivision.
(c) The agencies shall review the subdivision and submit a report to the staff. The staff shall review the subdivision for technical conformity with the standards fixed in this chapter and the requirements, recommendations, and comments of the reviewing agencies, and prepare a report with a recommendation for the Plat Committee’s consideration.
(3) Submission to Plat Committee. Within the time frame as established by resolution of the Area Plan Commission, the staff shall announce the date, time, and place of the meeting at which the Plat Committee shall consider the subdivision, and give due notice in writing to all interested parties at least 10 days before the date set for the meeting.
(4) Plat Committee consideration. After receiving the staff report and recommendation, the Plat Committee shall consider the subdivision for primary approval without public notice and hearing.
(5) Plat Committee action.
(a) If, after consideration, the Plat Committee finds that the subdivision complies with all standards regarding primary approval of minor subdivisions, the Plat Committee shall give primary approval to the subdivision, with or without modifications and conditions imposed, and make written findings of fact and a decision which shall include any modifications or conditions imposed. The Chairperson and Secretary of the Plat Committee shall seal and certify 2 copies of the subdivision, provide the subdivider’s registered land surveyor with 1 copy and retain the second copy in the Area Plan Commission’s files.
(b) If, after consideration, the Plat Committee finds that the subdivision does not comply with all standards regarding primary approval of subdivisions, the Plat Committee shall deny primary approval to the subdivision and make written findings of fact and a decision which sets forth its reasons for disapproval.
(6) Notice of Plat Committee’s action. Within 5 days after the Plat Committee’s action on the subdivision, the Secretary of the Plat Committee shall provide all interested parties with a copy of the findings of fact and decision, and notify them in writing of their right to appeal the Plat Committee’s decision to the Area Plan Commission. Appeals shall be in writing, shall indicate the desire to have the minor subdivision reviewed by the Area Plan Commission, shall state the reason for the appeal and shall be filed within 5 days of the date of the notice by the Secretary.
(7) If no appeal has been filed.
(a) If the minor subdivision, for which primary and secondary approval has been requested, received primary approval by the Plat Committee, and no appeal has been filed within 5 days of the date of the notice of Plat Committee’s action, and all modifications or conditions placed upon the subdivision by the Plat Committee, if any, have been complied with or corrected, the staff shall grant secondary approval to the subdivision and the Chairperson and Secretary of the Plat Committee shall seal and certify the original drawing. The staff shall record the subdivision as required below.
(b) If the minor subdivision, for which primary and secondary approval has been requested, received primary approval by the Plat Committee, and no appeal has been filed within 5 days of the date of the notice of Plat Committee’s action, and all modifications or conditions placed upon the subdivision by the Plat Committee, if any, have not been complied with or corrected within 2 years, the staff shall deny secondary approval to the subdivision. The Secretary of the Plat Committee shall provide written notice to the subdivider which sets forth its reasons for denying secondary approval, and release the original drawing of the subdivision to the registered land surveyor who prepared it.
(c) If the minor subdivision was denied primary approval by the Plat Committee and no appeal has been filed within 5 days of the notice of Plat Committee’s action, the staff shall release the original drawing of the subdivision to the registered land surveyor who prepared it.
(8) If an appeal has been filed. If an appeal has been filed within 5 days of the date of the notice of Plat Committee’s action, the staff shall announce the date, time, and place of the meeting at which the Area Plan Commission shall consider the subdivision, and shall give due notice in writing to all interested parties at least 10 days before the date set for the meeting of the Area Plan Commission at which the plat shall be considered. The staff shall prepare a report with a recommendation for Area Plan Commission consideration.
(9) Area Plan Commission consideration after appeal. After receiving the staff report and recommendation, the Area Plan Commission shall consider the subdivision without public notice and hearing. The Area Plan Commission shall consider the subdivision as though the Plat Committee had not acted upon it. The subdivision shall be considered in its entirety, as if it were a new submission, with all items considered, not just the items appealed.
(10) Area Plan Commission action.
(a) If, after consideration, the Area Plan Commission finds that the subdivision complies with all standards regarding primary approval of minor subdivisions, the Area Plan Commission shall give primary approval to the subdivision, with or without modifications and conditions imposed, and make written findings of fact and a decision, which shall include any modifications or conditions imposed. The Secretary of the Area Plan Commission shall then provide the subdivider with a copy of the findings of fact and decision. The President and Secretary of the Area Plan Commission shall seal and certify 2 copies of the subdivision and provide the subdivided registered land surveyor with 1 copy along with a copy of the findings of fact and decision, signed by the Secretary of the Area Plan Commission. The second copy of the sealed and certified subdivision shall be retained in the records of the Area Plan Commission. When all modifications or conditions placed upon the subdivision by the Area Plan Commission, if any, have been complied with or corrected, the staff shall give secondary approval to the subdivision. The President and Secretary of the Area Plan Commission shall seal and certify the original drawing. The staff shall record the subdivision as required below.
(b) If the subdivision, for which secondary approval has been requested, received primary approval by the Area Plan Commission and all modifications or conditions placed upon the subdivision by the Area Plan Commission have not been complied with or corrected within 2 years, the staff shall deny secondary approval to the subdivision. The Secretary of the Area Plan Commission shall provide written notice to the subdivider which sets forth its reasons for denying secondary approval, and release the original drawing of the subdivision to the registered land surveyor who prepared it.
(c) If, after consideration, the Area Plan Commission finds that the subdivision does not comply with all standards regarding primary approval of minor subdivisions, the Area Plan Commission shall deny the subdivision primary approval and make written findings of fact and a decision which sets forth its reasons for disapproval. The Secretary of the Area Plan Commission shall provide the subdivider with a copy of the findings of fact and decision, and release the original drawing to the subdivided registered land surveyor.
(11) Recording. Within 7 days of secondary approval, the staff shall record the subdivision in the Recorder’s office and so notify the subdivider. The staff shall have the original drawing of the subdivision duplicated at a reduced scale and release the original drawing to the registered land surveyor who prepared it. The staff shall distribute reduced copies of the subdivision as prescribed by the Area Plan Commission.
(Ord. 1223, § 2.3, passed 5-11-2010; Am. Ord. 1252, passed 12-28-2011)