(A) General. A subdivider desiring approval of a plat of a subdivision of any land lying within the jurisdiction of the Commission shall submit a written application therefor to the Plan Commission staff. Such application shall be accompanied by the information, requirements and plans set forth in divisions (B) through (E) below, all in accordance with the requirements set forth in this chapter.
(1) Subdivision must be fit. The application shall show the manner in which the plat of the subdivision is coordinated with the Comprehensive Plan and its provisions, specifically, with relation to the requirements of the Thoroughfare Plan, school and recreational sites, shopping centers, community facilities, sanitation, water supply and drainage and other developments existing and proposed in the vicinity; provided, however, that no land shall be subdivided for residential use unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography or any other feature harmful to the health and safety of possible residents and the community as a whole.
(2) Fee required. The application shall be accompanied by a certified check or money order made payable to the county in the amount of $25, plus $5 per lot for the first 20 lots and $3 per lot in excess of 20 lots, as shown on the plat of the subdivision, to cover the cost of checking and verifying the plat, and the Building Inspector shall surrender the check or money order to the County Auditor for deposit in the county’s General Fund. No part of this filing fee shall be returnable to the applicant.
(B) Application for a primary approval of a plat of a subdivision.
(1) Upon receipt of an application for primary approval of a plat of subdivision, the Plan Commission staff shall review the application for technical conformity with the standards set forth in this chapter of the code. Within 30 days after receipt, the Plan Commission staff shall announce the date for a hearing before the Commission and provide notice in accordance with divisions (B)(1)(a) through (B)(1)(c) below. After the Plan Commission staff has announced a date for a hearing before the Commission, it shall:
(a) Notify the applicant in writing;
(b) Give notice of the hearing by publication in accordance with I.C. 5-3-1; and
(c) Provide for due notice to interested parties at least ten days before the date set for the hearing.
(2) The subdivider shall provide a plat of a subdivision showing the following:
(a) Proposed name of the subdivision;
(b) Names and addresses of the owner and the subdivider;
(c) Streets and rights-of-way, on and adjoining the site of the subdivision, showing the names (which for new streets shall not duplicate other names of streets in the county, except for extensions of existing streets) which shall meet with the approval of the Commission, and including roadway widths, approximate gradients, types and widths of pavement, curbs, walks, crosswalks, sidewalks, tree planting and other pertinent data;
(d) Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one foot in 5,000 feet;
(e) Accurate distances and directions to the nearest established street corners or official monuments. Reference corners shall be accurately described on the plat;
(f) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract;
(g) Street lines with accurate dimensions in feet and hundredths of feet, with angles to street, alley and lot lines;
(h) Layout of lots, showing dimensions and numbers;
(i) Accurate locations of easements for utilities and any limitations on such easements, showing widths and purposes of easements;
(j) Accurate dimensions for any property to be dedicated or reserved for public, semipublic or community use;
(k) Location and size of storm and sanitary sewers and water distribution system;
(l) Contours at vertical intervals of two feet if the general slope of the site is less than 10% and at vertical intervals of five feet if the general slope is 10% or greater;
(m) Building setback lines and dimensions;
(n) Locations, type, material and size of all monuments and lot markers;
(o) North point, scale and date;
(p) Restrictions of all types, which will run with the land and become covenants in the deeds for lots;
(q) Certificate for primary approval by the Commission, to be signed by the President of the Commission;
(r) Certificate for secondary approval by the Commission, to be signed by the President of the Commission;
(s) Certification by a registered land surveyor and registered professional engineer (when required);
(t) Certification of dedication of streets and other public property;
(u) Plan Commission staff certificate;
(v) Certification of dedication of streets and other public property; and
(w) County Soil and Water Conservation District certificate.
(3) The subdivider shall submit the following engineering plans and specifications and other required information with the application:
(a) Profiles, typical cross-sections and specifications for proposed street improvements;
(b) Profiles and locations and other explanatory data concerning the installation of sanitary and storm sewerage systems and water distribution system;
(c) A description of the portion of the overall plat of the subdivision intended to be filed for record, including a program for the progressive development of the entire area contained in the overall plat; and
(d) A statement of the estimated amount of money sufficient to complete the improvements and installations by the subdivider and attested to by a registered land surveyor or a registered professional engineer.
(4) The subdivider shall submit the following supplementary information with the application:
(a) Statement of the proposed use of lots, stating type of residential buildings with number of proposed dwelling units, type of business or industry, so as to reveal the effect of the development on traffic, fire hazards or congestion of population;
(b) Evidence of an adequate source of water supply;
(c) A National Cooperative Soil Survey Map from the county’s Soil and Water Conservation District showing the soil limitations based upon the intended usage of the development land;
(d) A statement concerning the method of controlling erosion before, during and following construction, i.e., temporary seeding, filtration basins, mechanical erosion devices and other similar means that meet the respective County Soil and Water Conservation guidelines for urban development (see Chapter 156 of this code);
(e) If private sewage system, a statement from the Health Officer as to whether private septic systems can be used on this property;
(f) If floodplain is involved, a statement from the state’s Natural Resources Commission, Division of Water, concerning construction in floodway, including floodplain high water marks and the like (see § 151.22 of this code and Chapter 156); and
(g) Show other features or conditions, which would affect the subdivision favorably or adversely.
(5) The subdivider shall include a location map with the application, which may be prepared by indicating the data by notations on available maps showing:
(a) Subdivision name and location;
(b) Any thoroughfares related to the subdivision;
(c) Existing elementary and high schools, parks and playgrounds available for serving the area proposed to be subdivided, and other community facilities; and
(d) Title, scale, north point and date.
(6) The original drawing of the plat of the subdivision shall be drawn to a scale of 50 feet to one inch, provided that if the resulting drawing is 36 inches in shortest dimension, a scale of 100 feet to one inch may be used. Three black- or blue-line prints shall be submitted, or in order to conform to modem drafting and reproduction methods three black-line prints or blue-line prints, and a Mylar film reproducible print shall be submitted. Also, a reduced plat on Mylar film with dimensions of 14 inches by 17 inches shall be submitted for filing purposes.
(C) After the hearing for primary approval.
(1) If, after the hearing, the Commission determines that the application and plat comply with the standards in this chapter, it shall make written findings and a decision granting primary approval for the plat of the subdivision. This decision shall be signed by the President of the Commission.
(2) If, after the hearing, the Commission disapproves the plat, it shall make written findings that set forth its reasons and a decision denying primary approval and shall provide the applicant with a copy. This decision shall be signed by the President of the Commission.
(D) Appeals. The primary approval or disapproval of a plat by the Commission or the imposition of a condition on primary approval is a final decision of the Commission that may be reviewed by certiorari procedure as provided by I.C. 36-7-4-1016.
(E) Secondary approval.
(1) The Commission may grant secondary approval for all or any part of a plat of a subdivision which has heretofore been given primary approval by the Commission, or the Commission may delegate to the Plan Commission staff the authority to grant such secondary approvals; provided, that secondary approvals may be granted after expiration of the time for appeal under I.C. 36-7-4-710; specifically after 30 days has elapsed from the date of the decision of the Commission under division (C) above.
(2) Secondary approval may be granted to a plat of a subdivision in which the improvements and installations have not been completed as required by this chapter, if the applicant provides a bond or other proof of financial responsibility as prescribed herein, that:
(a) In an amount determined by the Commission to be sufficient to complete the improvements and installations in compliance with this chapter;
(b) Provides surety satisfactory to the Commission;
(c) With respect to the installation or extension of water, sewer or other utility service:
1. The applicant shows by written evidence that it has entered into a contract with the political subdivision or utility providing the service; and
2. The Planning Commission determines based on written evidence that the contract provides satisfactory assurance that the service will be installed or extended in compliance with this code.
(d) Other proof of financial responsibility may take the following forms:
1. An arrangement whereby cash would be advanced to the county by the subdivider, and subsequently the County Auditor would release to the subdivider amounts of this money in percentages of the total cost of improvements and installation in the plat of a subdivision, when such completed portions of the plat have been attested to by a registered professional civil engineer or registered land surveyor and approved by the Commission. Upon completion of all of the improvements and installations in the plat, the county would reimburse the subdivider the total balance of the money originally deposited with the county; or
2. An arrangement whereby the city or the county would have undeniable access to the funds in an escrow account or other type of account, held by a bank or other lending institution, until all of the improvements and installations in the plat of a subdivision have been completed.
(3) The applicant shall provide a three-year maintenance bond in an amount of at least 10% of the cost of the improvements, before secondary approval may be granted. See Appendix A, Form 4.
(4) No notice or hearing is required for secondary approvals.
(5) A plat of a subdivision may not be filed with the County Auditor, and the County Recorder may not record it unless it has been granted secondary approval and signed and certified by the President of the Commission.
(6) The bond referred to in division (F)(2) above will be released only upon receipt of a certificate by a registered professional civil engineer or a registered land surveyor that all improvements and installations for the plat of the subdivision required for its approval have been made or installed in accordance with specifications.
(Ord. 8-7-12-4, passed 12-4-1987; Ord. passed 12- -1999)