§ 159.061  SUBDIVISION APPLICATION AND APPROVAL PROCESS.
   (A)   Minor Subdivision. The purpose of the minor subdivision plat is to allow the creation of a maximum of three lots without being subject to the entire procedural provisions of the primary and secondary plat regulations of this title. Prior to the submission of the application and fees, the subdivider shall discuss with the Director of Planning and Development and/or his or her designee, the proposed changes to the existing subdivision plat regarding the proposed minor subdivision plat. Any setback legally established and currently considered lawfully non-conforming setback(s) shall remain as lawfully non-conforming setbacks provided it is not altered by the creation of the minor subdivision plat. The submission of the 'minor subdivision plat’ application and the filing fee(s) are required as per the adopted Schedule of Meeting Dates and Filing Deadlines and the Schedule of Fees, Charges and Expenses and shall meet the conditions as set forth by the definition of 'minor subdivision' and the Unified Development Ordinance. The minor subdivision plat shall require review by the Technical Advisory Committee and after approval of the Technical Advisory Committee, the Planning Staff shall complete the process administratively including the acceptance of the minor subdivision plat by the Board of Public Works or County Commission based on jurisdiction. This process may be used one time per lot adjustment(s). Any additional adjustments shall require the entire procedural provisions of the primary and secondary plats.
   (B)   Primary Plat.
      (1)   Primary Plat Application.  Applications for primary plat approval shall be filed in accordance with the requirements of § 159.040.
      (2)   Primary Plat Procedure.  Applications for primary plat approval shall be processed in accordance with the procedures set forth below:
         (a)   Action by Department of Planning and Development.
            1.   Transmit Primary Plat Application to Technical Advisory Committee for Site Plan Review.  Within 28 days after receipt by the Department of Planning and Development of a completed primary plat application, the Director of Planning and Development or his or her designee shall transmit the application to the Technical Advisory Committee for hearing and review.  The Technical Advisory Committee hearing and review shall be conducted pursuant to § 159.041(C).  Within 21 days of the Technical Advisory Committee hearing, the report and recommendations of the Committee shall be submitted in writing from the Director of Planning and Development to the Plan Commission for its review.
            2.   Add Primary Plat Application to Plan Commission Agenda.  The Director of Planning and Development or his or her designee shall add the primary plat application to the agenda of the next regularly scheduled Plan Commission meeting.
            3.   Submit Notice of Public Hearing.  The Director of Planning and Development or his or her designee shall submit a notice of public hearing for publication in one newspaper of general circulation in Hamilton County to be published at least 17 days prior to the public hearing.
         (b)   Action by Subdivider.  At the time of the public hearing, the subdivider shall submit an affidavit, stating that he has notified by Certificate of Mailing each property owner to a depth of 660 feet, at least 17 days prior to the public hearing.  The subdivider shall bear the cost of the public notice.  If the subdivider does not notify the property owners as described above, the subdivider shall notify the Director of Planning and Development, at least seven days before the scheduled public hearing, so that the hearing date may be rescheduled.
         (c)   Action by Plan Commission; Public Hearing.  Upon receipt of the primary plat application, the report of the Technical Advisory Committee, and the report of the Director of Planning and Development, the Plan Commission shall hold a public hearing scheduled pursuant to this section.  Within 45 days after the public hearing, the Plan Commission shall approve, approve with conditions, or deny the primary plat.
         (d)   Department of Planning and Development to Notify Subdivider.  The Department of Planning and Development shall return one copy of the primary plat application to the subdivider with the date of approval, conditional approval, or disapproval and the reasons therefore, in writing, accompanying the application.  The Department shall maintain one file copy of the primary plat application.
      (3)   Standards for Review.  In reviewing applications for primary plat approval, the Plan Commission shall consider the following criteria:
         (a)   The degree to which the application meets the criteria for site plan review found in this chapter, as determined by the reports of the Technical Advisory Committee and Director of Planning and Development;
         (b)   Consistency with the goals and objectives of the Comprehensive Plan;
         (c)   Consistency with the purposes of the zoning district in which it is located;
         (d)   The presence or absence of any exceptions to the development standards for the zoning district in which it is located, any general development standards, or the Site Design and Improvement Standards; as evidenced by the listing of any exceptions in the primary plat application;
         (e)   The presence or absence of any protective covenants for the subdivision which would alter its impact from what would typically be permitted in the zoning district in which it is located; as evidenced by the inclusion of any covenants in the primary plat application.
      (4)   Effective Period of Primary Plat Approval.  An approved primary plat application shall be effective for a period of one year, at the end of which time a secondary plat of the proposed subdivision must have been approved and signed by the President and Secretary of the Commission.  The following words must be included on the primary plat:  "After having given public notice of time, place, and nature of the hearing and publication in the newspaper of local jurisdiction on a Primary Plat under the authority provided by State Statutes and all acts supplemental and amendatory thereof and upon finding that this proposed primary plat for a subdivision is in conformance with the subdivision regulations of the Unified Development Ordinance of the City of Noblesville and its jurisdictional limits.  The Plan Commission approved the primary plat at its meeting held on the __ day of ____, 200__."  A signature block for the President and the Secretary.  Any primary plats not receiving secondary plat approval and signature within one year shall be null and void, and the subdivider shall be required to submit a new primary plat application for approval subject to any new zoning and subdivision regulations.  Upon request of the subdivider, the Commission may extend the approval of a primary plat in increments of one year beyond the expiration date, without further notice and public hearing.
      (5)   Primary Plats Exempt from Subsequent Ordinance Amendments.  Approved primary plats shall be exempt from any subsequent amendments to this chapter which would otherwise render the plat non-conforming as to size, shape, or use.
      (6)   Grading of Site Permitted Prior to Secondary Plat Approval.
         (a)   Prior to the recording of the secondary plat, the subdivider may apply for an earthwork (topsoil and excavation) permit from the Department of Planning and Development upon approval of a primary plat. The subdivider shall also provide a performance bond or other surety before grading.
         (b)   Upon receipt of an earthwork permit and acceptance of a performance bond, the subdivider may commence construction in accordance with the grades and elevations stated in the approved primary plat application.
      (7)   Model Homes Permitted Prior to Secondary Plat Approval.
         (a)   For the purpose of allowing the early construction of model homes in a subdivision, the Commission may permit a portion of a subdivision involving one or more lots to be sectionalized from the primary plat pursuant to this section, provided that said portion derives access from an existing public street, that the lots are clustered together near the entrance of the subdivision, and that no future road or other improvement are anticipated where said lots are proposed.
         (b)   A secondary plat for the model home lots shall be submitted to the Commission simultaneously with the primary plat for the subdivision.  Subsequent to the approval of both of said plats, and the recording of the model home secondary plat, the model home(s) may be constructed subject to the additional requirements that the Commission may require.
         (c)   Model homes shall also require a Temporary Use Permit subject to this chapter.
      (8)   Sectionalizing of Plats.
         (a)   The Plan Commission may permit any primary subdivision plat to be divided into two or more sections for the purpose of secondary plat approval. No plats may be sectionalized having less than ten lots, unless the total number of lots in the subdivision is less than ten lots, or the lots are located on a cul-de-sac, or except for model homes in accordance with division (7) above.
         (b)   In the case of sectionalized plats, each section shall be considered a separate secondary plat with respect to the following:
            1.   The Commission may require the completion of improvements located only in the section(s) of plat for which a secondary plat application has been submitted, and allow the subdivider to defer completing improvements in the remaining sections of the plat until a secondary plat application has been submitted for those sections.
            2.   The Commission may require the performance bond or other security be in an amount commensurate with the section(s) of the plat for which a secondary plat application has been submitted, and the subdivider may defer posting a performance bond or other surety for the remaining sections of the plat until a secondary plat application has been submitted for those sections.
            3.   The subdivider may file irrevocable offers to dedicate streets and public improvements in the section(s) of the plat for which a secondary plat application has been submitted, and defer filing offers of dedications for the remaining sections of the plat until a secondary plat application has been submitted for those sections.
            4.   Only sections for which the secondary plat applications have been approved, subject to this section, shall be filed with the Hamilton County Recorder.
         (c)   The Commission may also impose any conditions upon the filing of secondary plat applications for said sections to assure the orderly development of the subdivision.  This may including requiring the completion of improvement necessary to the overall subdivision but not located within the current section of secondary plat, or the posting of a bond or other security in lieu thereof, and the required dedication of such improvements.
         (d)   The approval of all sections of a sectionalized primary plat not filed with the County Recorder shall automatically expire unless such sections have been approved for filing by the Commission, all fees paid, all instruments and offers of dedication submitted, and performance bonds approved and actually filed with the County Recorder within five years of the date of primary approval of the subdivision plat unless extended by the Commission.
   (C)   Secondary Plat.
      (1)   Secondary Plat Application Procedure.  Applications for a secondary plat shall be filed with the Department of Planning and Development, on a form provided by the Director and shall contain at least the information listed in Section 3 of Part H of Appendix B of this chapter.
      (2)   Secondary Plat Review Procedure.  An application for secondary plat approval shall be processed in accordance with the procedures set forth below:
         (a)   Action by the Department of Planning and Development.  Upon receipt of a completed secondary plat application and all information required by division (E)(3) of Appendix B, the Director of Planning and Development or his or her designee shall:
            1.   Review for Consistency with Primary Plat.  The Director of Planning and Development or his or her designee shall review the secondary plat application and determine that it meets all the requirements of this chapter and of the Commission’s primary plat approval.  The lack of information under any item specified herein, or improper information supplied by the subdivider, shall be cause for disapproval of a secondary plat.
            2.   Transmit Secondary Plat Application to Technical Advisory Committee for Review.  Within 28 days after receipt by the Department of Planning and Development of a completed secondary plat application, the Director or his or her designee shall transmit the application to the Technical Advisory Committee for hearing and review.  The Technical Advisory Committee hearing and review shall be conducted pursuant to this chapter.
            3.   Notify Subdivider.  Within 21 days of the Technical Advisory Committee hearing, the report and recommendations of the Committee shall be submitted in writing from the Director of Planning and Development or his or her designee to the subdivider.  The Director shall return one copy of the secondary plat to the subdivider, with the date of approval, conditional approval, or disapproval noted thereon; and the reasons therefor, in writing, accompanying the plat.  The Director shall maintain one file copy of the secondary plat application.
         (b)   Action by the Subdivider.
            1.   Conditionally Approved and Disapproved Secondary Plats.  If the secondary plat has been conditionally approved or disapproved by the Department of Planning and Development, the subdivider shall make the changes necessary to earn approval of the secondary plat and shall resubmit the secondary plat to the Department of Planning and Development in accordance with this section.  Secondary plats not approved and signed within one year of the primary plat approval shall expire subject to this section.
            2.   Approved Plats.  If the secondary plat has been approved by the Director of Planning and Development, the subdivider shall complete all public improvements in the subdivision or submit a performance bond or other security in lieu thereof, in accordance with this section.  The subdivider shall then resubmit the secondary plat and related materials for signature by the Secretary and Chair of the Plan Commission, in accordance with this section.
      (3)   Completion of Public Improvements; Performance Bond.
         (a)   General Requirement for Completion of Improvements.  Following secondary plat approval by the Director of Planning and Development, but before the secondary plat is signed by the President and Secretary of the Commission, the subdivider shall complete all public improvements in the subdivision as they are required by this chapter, specified in the secondary plat approval, and approved by the Director of Planning.
         (b)   Performance Bond or Other Securities in Lieu of Completion of Improvements.  The Commission may waive the requirement that the subdivider complete all public improvements prior to the signing of the secondary plat provided that the subdivider shall post a bond securable by the City of Noblesville or Hamilton County, as applicable, and hereinafter referred to as performance bond.  The performance bond shall be sufficient to secure to the city or county the satisfactory completion of any uncompleted portion of required public improvements, and the amount of the bond shall be equivalent to 110% of the estimated cost of completion of the required public improvements or in accordance with fee schedules adopted, from time to time, by the Common Council.  The current fee schedule is found in Appendix A of this chapter.  In lieu of a performance bond, the subdivider may submit one of the following forms of assurance:
            1.   A certified check made payable to the City of Noblesville or Hamilton County, as applicable, in an amount equivalent to 110% of the estimated cost of completion of the uncompleted portion of required public improvements or in accordance with fee schedules adopted, from time to time, by the Common Council.  The check shall be held by the City Clerk or County Auditor, as applicable.
            2.   A certificate of deposit made out to the City of Noblesville or Hamilton County, as applicable, and to the subdivider, in an amount equivalent to 110% of the cost of completion of the uncompleted portion of required public improvements or in accordance with fee schedules adopted, from time to time, by the Common Council.  The certificate shall be held by the City Clerk or County Auditor, as applicable.
            3.   Irrevocable letters of credit on behalf of the subdivider and securable by the city or county, as applicable, in an amount equivalent to 110% of the estimated cost of completion of the uncompleted portion of required public improvements or in accordance with fee schedules adopted, from time to time, by the Common Council.
         (c)   Conditions of Performance Bond or Other Securities.
            1.   The performance bond or other security shall comply with all statutory requirements and shall be satisfactory to the City or County Attorney as to form, sufficiency, and manner of execution.
            2.   The period within which required public improvements must be completed shall be specified by the Commission in the resolution approving the secondary plat, shall be incorporated into the bond or other security, and shall not in any event exceed one year from date of secondary plat approval.
            3.   The bond shall be approved by the city or county as to amount.
         (d)   Time Extensions and Expiration.  The Commission may, upon proof of difficulty, grant an extension of the completion date set forth in the resolution and bond or other security for a maximum period of one additional year, provided that a bond or security be submitted for this extension period which meets all other requirements herein.  The Commission may at anytime during the period of the bond accept a substitution of principal or sureties on the bond as described in this subchapter.
      (4)   Signing of Plat.
         (a)   Subsequent to the completion of division (B) and (C) of this section, final copies of the subdivision plat and related construction plans shall be submitted to the Director of Planning as follows:
            1.   One copy on reproducible mylar; and
            2.   One digital copy as per the Noblesville Digital As-Built Submittal Requirements.
         (b)   When installation of improvements is required, the President and the Secretary of the Commission shall sign the plat only after any conditions on the approved secondary plat have been satisfied and all improvements satisfactorily completed. There shall be written evidence as to the following:
            1.   That the required improvements have been installed in a manner satisfactory to the local government shall be shown by a certificate signed by the City or County Engineer; and
            2.   That the necessary dedication of public lands and improvements has been accomplished shall be shown by a certificate signed by the City or County Attorney.
         (c)   When a bond is required, the President and the Secretary shall sign the plat and construction plans only after any conditions on the approved secondary plat have been satisfied and after the bond or other security has been submitted and accepted.
         (d)   Upon satisfaction of divisions (C)(2) or (3) above, as applicable, the President and Secretary shall sign the reproducible mylar copy(s) of the subdivision plat.
      (5)   Recording of Plat.
         (a)   It shall be the responsibility of the subdivider to file the signed plat with the Hamilton County Recorder within 30 days of the date of signatures.  Simultaneously with the filing of the plat, the subdivider shall record any agreements of dedication together with any other legal documents as shall be required to be recorded.
         (b)   Within ten days after the plat has been filed with the Hamilton County Recorder, the subdivider shall provide a PDF to the Planning Department, stamped with the Recorder's seal and plat cabinet and page numbers.
   (D)   Construction Plans.  Construction plans shall be required for subdivisions, planned developments, and other applications as required by the Technical Advisory Committee.
      (1)   General Requirements.
         (a)   Construction plans shall be prepared and submitted for all required improvements to be installed by the subdivider.  They shall include profiles, cross-sections, specifications, and other supporting data for all required public streets, utilities, and other facilities.
         (b)   Provisional construction plans shall be submitted with the primary plat application, and secondary construction plans shall be submitted with the secondary plat application.
         (c)   Construction plans shall be prepared in accordance with this chapter and the Noblesville Standards, except that those improvements under jurisdiction of the county shall be prepared in accordance with County standards and specifications.
         (d)   Plat approval may be withheld if a subdivision is not in general conformity with the requirements herein.
      (2)   Contents of Construction Plans.  Construction plans shall be prepared by an engineer at a scale no smaller than one inch to 40 feet.  They shall be prepared and the sheets shall be numbered in sequence if more than one sheet is used.  The following shall be shown:
         (a)   Profiles showing existing and proposed elevations along center lines of all roads.  Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads within 100 feet of the intersection shall be shown, plus approximate radii of all curves, lengths of tangents, and central angles on all streets.
         (b)   The Commission may require, where steep slopes exist, that cross-sections of all proposed streets at 100 foot stations shall be shown at five points as follows:  on line at right angles to the center line of the street; each property line; and points 25 feet inside each property line.
         (c)   Plans and profiles showing the locations and typical cross-section of street pavements including curbs and gutters, sidewalks, drainage easements, setback easements, rights-of-way, manholes, and catch basins; the location of street signs; the location size, and invert elevations of existing proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water or other underground utilities or structures.
         (d)   Location, size, elevation, and other appropriate description of any existing facilities or utilities, including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies, streams, flood plains, and other pertinent features within the proposed subdivision.
         (e)   Topography at the same scale as the primary plat with a contour interval of two feet, referred to sea level datum All datum provided shall be latest applicable U.S. Coast and Geodetic Survey datum and should be so noted on the plat.
         (f)   All specifications and references required by the local government's construction standards and specifications, including a site-grading plan for the entire subdivision.
         (g)   Title, name, address, and signature of Registered Engineer and Land Surveyor, and date.
         (h)   Attachment of the current adopted City of Noblesville Standards as referenced per this chapter.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 10-3-02, passed 3-26-02; Am. Ord. 12-02-03, passed 3-11- 03; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 64-11-08, passed 12-9-08; Am. Ord. 29-9-11, passed 10-11-11; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 46-07-16, passed 8-9-16; Am. Ord. 12-04-17, passed 4-25-17)