(A) General procedures. If the Administrator, during sketch plan review, classifies the proposed land division as a major subdivision, the applicant shall follow the procedures and be subject to the processes outlined and detailed in this section.
(B) Official submission dates. The application and sketch plan shall be submitted at least 61 calendar days before the date of the public meeting at which the applicant intends to present the preliminary plat and at least 31 calendar days before submission of the preliminary plat. Thus, at 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) Preliminary plat procedures for primary approval.
(1) Submission requirements. Following the submission, review and report on the sketch plan application, the applicant may file a preliminary plat in the form prescribed by § 155.096 of this chapter for primary approval. The submission shall:
(a) Be made on forms approved and provided by the Commission and be submitted with a fee of $5 per lot for each lot;
(b) Show all land that the applicant proposes to subdivide and adjacent land within 100 feet. The application shall include the names and addresses of the owners of adjoining land as shown in the County Auditor’s files. This information may be shown on a separate plat map reproduction from the Auditor’s office;
(c) Be presented in duplicate to the Administrator no later than 30 calendar days before the regular meeting of the Commission at which it is requested to be heard;
(d) Be accompanied by ten copies of the preliminary plat as described in this chapter; and
(e) Generally comply with the sketch plan as reviewed.
(2) Placement on the Commission agenda. Subsequent to the submission of the primary plat for primary approval and subject to the filing deadlines required by this chapter, the public hearing for primary approval shall be on the agenda of the next regular meeting of the Commission which is at least 30 days after the date of submission of the preliminary plat.
(3) Administrative review. Subsequent to placement on the agenda, and before the date of public hearing, the Administrator and other individuals serving the Commission in an advisory capacity shall review the proposal. They will then prepare a written report to the Commission and applicant indicating a recommendation concerning the subdivision being proposed.
(4) Public hearing notification. The Commission shall hold a public hearing on the preliminary plat. Notice of such hearing shall be published by the applicant and at applicant’s expense in one local newspaper of general circulation at least ten days prior to the hearing (per I.C. 5-3-1). Prior to the public hearing, the applicant shall submit proof of publication that the notices of public hearing were published at least ten days prior to the public hearing. All interested parties, as defined in § 155.015 of this chapter, shall be notified by the applicant of the date, time, place and purpose of the public hearing on the subdivision at least ten days in advance of the hearing, by certified mail. The applicant shall file with the Commission prior to the public hearing an affidavit in a form acceptable to the Commission certifying that all interested parties were properly notified.
(5) Primary approval of the preliminary plat. At the public hearing, the Commission will receive and consider the Administrator’s report, the checkpoint agencies’ recommendations, and testimony and exhibits submitted at the public hearing. After the hearing on the preliminary plat, the applicant shall be advised of any required changes and/or additions. The Commission shall approve, conditionally approve 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 the reasons therefor within five days of the public hearing. Primary approval by the Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until a minimum of 30 days after the granting of primary approval.
(6) Field trip. The 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 two years at the end of which time secondary approval of the subdivision must have been obtained and certified by the designated officials. Any plats not receiving secondary approval within two years shall be null and void. The applicant shall be required to resubmit a new application for sketch plan review and certificate subject to all the zoning restrictions and subdivision regulations in effect at the time of re-submission. Upon request of the applicant, the Commission may extend the term primary approval of a preliminary plat in increments beyond two years without further notice and public hearing.
(D) Approval of construction plans.
(1) Submission procedure and requirements. Following primary approval and before submission of the final plat for secondary approval, the applicant shall file with the Administrator three sets of the detailed construction plans in the form prescribed in § 155.097 of this chapter. This must be done before starting work on any improvements.
(2) Review process. The Administrator shall immediately refer construction plans to the appropriate agencies for review. Upon these agencies notifying the Administrator of their approval of the construction plans or failing to notify the Administrator within 14 working days of their receipt of the plans, the Administrator shall mark the plans approved and return one set to the applicant. In no event shall secondary approval (of the final plat) be given before approval of the construction plans.
(3) Installation of improvements. The installation of improvements shall be inspected by the town’s appropriate representatives. 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 before secondary approval may be cause for denial of secondary approval. See §§ 155.080 through 155.084 of this chapter.
(E) Final plat procedure (secondary approval).
(1) Submission requirements. Following primary approval of the preliminary plat and construction plans, the applicant shall file with the Administrator a request for secondary approval of a final plat in the form prescribed by § 155.098 of this chapter. The application shall:
(a) Be submitted on forms approved and provided by the Commission;
(b) Include the entire subdivision, or section thereof which derives access from an existing state, county or municipal roadway;
(c) Be accompanied by five copies of the final plat as described in this chapter;
(d) Totally comply with the ordinance and the terms and conditions of primary approval;
(e) Be accompanied by a performance bond, if required, in a form satisfactory to the Commission’s attorney and in an amount equal to 110% of the estimated cost of the public improvements. The bond amount shall be certified by a qualified professional engineer and shall guarantee the completion of all required subdivision and off-site public improvements. See §§ 155.080 through 155.084 of this chapter; and
(f) Be accompanied by any restrictive covenants in a form approved by the Commission, that have been proposed by the applicant or required by the Commission.
(2) Determination of conformance (secondary approval). To secure secondary approval, a final plat must conform with the preliminary plat approved by the Commission. If the final plat deviates from the approved preliminary plat, then the plat shall be submitted to the Commission at a public hearing for a new primary approval. The Commission may delegate authority to grant secondary approval to the Administrator.
(a) If the Administrator is delegated authority to grant secondary approval, then he or she shall review the items submitted according to division (E)(1) above within ten working days and shall determine conformance with all conditions and requirements imposed as part of the primary approval. If the plat is found to be in conformance and complete, then the Administrator shall recommend the signing of the certificate granting secondary approval.
(b) If the Commission reviews a plat for secondary approval, the applicant shall request Commission review in writing no less than 30 calendar days prior to the date of the public meeting at which the final plat is to be reviewed. The matter shall be placed on the agenda of the next regular meeting of the Commission at least 30 days after final plat submission. The Administrator shall review the proposal and submit a written report and recommendations to the Commission and the applicant. The Commission shall approve or disapprove the final plat. If granted secondary approval, the plat shall be signed by the designated officials. If the plat is not granted secondary approval, then the applicant shall be informed as to the insufficiency of his or her submittal.
(3) Sectionalizing plats.
(a) Before granting secondary approval of a major subdivision plat, the Commission may permit the plat to be divided into two or more sections. However, it may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the subdivision. The Commission may require that a performance bond be provided in an amount commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing. Such sections must contain at least 20 lots or 10% of the total number of lots contained in the approved plat, whichever is less.
(b) The approval of all remaining sections not filed with the Administrator shall automatically expire after five years from the date of primary approval of the preliminary plat, unless the expiration date is extended.
(F) Signing and recording a plat.
(1) Signing of plat.
(a) When a performance bond is required, the designated officials of the Commission shall endorse secondary approval of the plat by signing the certificate of approval after the bond has been approved, and all the conditions of the primary approval have been satisfied. The certificate of approval shall be part of the tracing cloth or reproducible Mylar of the subdivision plat. The applicant shall provide the Administrator a Mylar print of the approved and fully executed and recorded plat.
(b) When, at the discretion of the Commission, installation of improvements is permitted in place of performance bonds, the designated officials of the Commission shall endorse secondary approval of the plat by signing the certificate. Such signing shall only occur after all conditions of the primary approval have been satisfied and all improvements satisfactorily completed. The developer shall provide certified as-built drawings of the completed public improvements and other such written evidence as necessary to verify that the required public facilities have been installed in a manner satisfactory to the town.
(2) Assurance to applicant. If the applicant is permitted to install improvements before the secondary approval and it is shown that all such improvements have been installed in strict conformance with the final plat, then the Commission shall have no other recourse than to grant secondary approval.
(3) Recording a plat. It shall be the responsibility of the applicant in the presence of the Administrator or his or her designee to file the plat with the County Recorder within 30 days of the date of signature.
(2004 Code, § 4-303)