(A) General procedures. If the Administrator, during sketch plan review, classifies the proposed subdivision as a minor subdivision, the applicant shall follow the procedures and be subject to the process as outlined and detailed in this section.
(B) Official submission date and placement on the agenda. An application for sketch plan approval for a minor subdivision shall be placed on the agenda of the first regularly scheduled meeting of the Commission to occur 30 days after the date the application is submitted.
(C) Administrative review. Subsequent to placement on the Commission’s agenda and before the date of the public hearing, the Administrator and other representatives of the Commission shall submit a written report to the Commission and applicant including a recommendation about the subdivision being proposed.
(D) Public hearing notification. The Commission shall hold a public hearing on the sketch plan and notice of such hearing shall be in one local newspaper 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 proofs of publication that the notices of public hearing were published at least ten days prior to the public hearing. 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 at the time of the public hearing an affidavit so testifying.
(E) Approval of the sketch plan. After the Commission has, at a regularly scheduled meeting, examined the sketch plan, the Administrator’s report, the checkpoint agencies’ recommendations, testimony and exhibits submitted, the Commission 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 therefor accompanying the sketch plan within five days after the public meeting. Primary approval by the 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 sketch plan.
(F) Final subdivision plat procedure for secondary approval.
(1) Application requirements. Following approval of the sketch plan, the applicant, if he wishes to proceed with the subdivision, shall file with the Administrator an application for secondary approval of a final plat in the form prescribed in § 155.098 of this chapter. The application shall:
(a) Be submitted on forms approved and provided by the Commission;
(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 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) Include the entire subdivision, or section thereof, which derives access from all existing state, county or municipal roadways;
(d) Be accompanied by five copies of the subdivision plat as described in this chapter;
(e) Totally comply with this chapter and the terms and conditions of primary approval; and
(f) Be accompanied by restrictive covenants in a form approved by the Commission, where proposed by the applicant or required by the Commission.
(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 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 Commission at a public meeting for a new primary approval. The applicant submitting a final plat conforming to the primary approval shall choose as to whether this review is performed by the Administrator or by the Commission at a public meeting.
(a) Should the applicant not choose Commission review, the Administrator shall, within ten working days, review the items submitted as per division (F)(1) above 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 applicant choose Commission review, the Commission shall perform the same function, but at a public meeting. The applicant shall request in writing Commission review no less than 30 calendar days prior to the date of the public meeting at which the applicant intends to have his or her final plat reviewed. The Commission shall place the matter on its next regular meeting agenda. The Administrator shall review the proposed final plat and submit a written report and recommendations to the Commission and the applicant. The Commission shall approve, conditionally approve or disapprove the final plat. If approved, it shall be signed by the designated officers of the Commission. If not approved, then the applicant shall be informed as to the insufficiency of his or her submittal.
(3) Sectionalizing plats. Before granting secondary approval of a minor subdivision plat, the Commission may permit the plat to be divided into two or more sections. Further, it may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Commission may require that the performance bond be in such amount as is commensurate with the section or sections of the plat to be filed. It may also defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing.
(G) Signing and recording a plat.
(1) Signing of plat.
(a) When a bond is required, the designated officials of the Commission shall endorse secondary approval on the plat after the bond has been approved by the town’s appropriate representatives and all the conditions of the primary approval have been satisfied. See §§ 155.080 through 155.084 of this chapter.
(b) When installation of improvements is required, the designated officials of the Commission shall endorse secondary approval on the plat by signing the certificate after all conditions of the primary approval have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required improvements have been installed in a manner satisfactory to the town’s appropriate representatives in the form of a certificate signed by the Town Council.
(2) Assurance to applicant. If the applicant elects to install all improvements before he or she applies for secondary approval and it is shown that the conditions of the ordinance have been met, and if the final plat completely conforms to the primary approval, the Commission shall have no other recourse than to grant secondary approval.
(3) Recording of plat.
(a) The designated officials shall sign the certificates granting secondary approval which shall be a 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 applicant in the presence of the Administrator or his or her designee to record the plat with the County Recorder within 30 days of the date of signature.
(2004 Code, § 4-304)