(A) For subdivisions classified by the Planning Department as minor subdivisions, the applicant may choose to seek approval under the procedures of this section in lieu of those specified above.
(B) Following receipt of the Planning Department’s predesign conference report, the subdivider may apply for approval. An application for approval shall:
(1) Be accompanied by eight copies of the survey drawing as describes above together with the supporting materials as follows: a drainage plan; proof of septic permit approval; if any lot or road in a major subdivision is to receive access from or intersect with a state highway, a copy of the driveway permit or approval letter issued by the Indiana Department of Transportation or a copy of a driveway permit issued by the County Highway Department for each lot to be accessed by a county road; the recorded deed or land contract for the proposed subdivision site; the Auditor’s plat map of the proposed subdivision site; and an eight and one-half inch by 11 inch reduced copy of the preliminary plat;
(2) Be accompanied by the fee established by the Commission;
(3) Be accompanied by a copy of the deed prepared for each of the proposed lots. Each deed must contain at least the following information:
(a) Metes and bounds legal description with reference to any existing or proposed easements;
(b) Dedication of right-of-way, to the public, where applicable. Right-of-way dedication shall be of a width sufficient to meet one-half the required right-of-way width for that specific public road as indicated on the county thoroughfare plan or official map and of a length along that public road equal to the length of that parcel along that roadway; and
(c) The following notation: “This parcel was created through the minor subdivision procedure and approved by the County Plan Commission on (date of Plan Commission approval).”
(C) Upon receipt of a complete application, the Planning Department shall:
(1) Review the application for technical conformity with these regulations;
(2) Prepare a report and recommendation, including recommended conditions of approval; and
(3) Place the application on the Plan Commission public meeting agenda and ensure that applicant notifies all interested parties as required by state law.
(D) The Plan Commission shall review the application for compliance with these regulations. The Plan Commission may approve the application, approve the application with conditions or deny the application. However, if the Plan Commission determines that the application and plat comply with these regulations, it shall grant preliminary approval. The Plan Commission shall prepare written findings of fact in support of its decision.
(E) The applicant’s proposed subdivision shall be subject to the procedures and requirements for final approval:
(1) The Planning Department shall disapprove or grant final approval of the minor subdivision petition and make written findings in support of its decision. In order to be recorded, the deeds and survey drawing must be found by the Planning Department to be in conformance with these regulations and with the preliminary or Plan Commission approval.
(2) Final approval may not be granted until the period to file a notice of appeal has passed without such an appeal being filed.
(3) After the Director has granted final approval, the Commission’s seal shall be affixed to the deeds and survey drawing.
(4) It shall be the responsibility of the subdivider to file the approved deeds and survey drawing with the County Recorder within 30 days of the date of final approval. Failure of the subdivider to file the deed(s) and survey drawing, as herein provided, shall constitute a violation of this subchapter.
(5) The subdivider, upon recording, shall provide the Planning Department with one copy of each recorded deed and survey drawing.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Ord. 2006-6, passed 3-6-2006) Penalty, see § 155.999