(A) In residential areas. The division of a tract of land into four residential parcels or less may be approved as a minor subdivision one time only. The minor subdivision shall be subject to the same basic procedures as set forth in the rules and procedures. The intent of this section is to eliminate unnecessary requirements and reduce the time and effort required by major subdivision plats. Use of this procedure shall be limited to the creation of four new parcels after November 1, 1998.
(1) Pre-application. From the standpoint of economy of time and money, the subdivider must consult informally with the Administrator for advice and assistance prior to filing. This will enable the subdivider to become familiar with these and other regulations as they affect the area and will prevent unnecessary and costly revisions.
(2) Concept plan. The concept plan is an optional part of any application for primary plat approval of a minor residential subdivision. Its purpose is to bring the conceptual proposal before the PPC or the Plat Committee and general public for discussion. The concept plan shall be prepared in accordance with standards set forth for major subdivisions.
(3) Primary plat and secondary plat.
(a) Application for primary plat for minor subdivisions shall be in accordance with standards set forth for major subdivisions with the exception that the primary plat and the secondary plat may be heard simultaneously by the PPC or the Plat Committee.
(b) Public notice. Once an application has been determined to be complete and meets all of the requirements of this chapter, the Administrator shall set a date for a public hearing before the PPC or the Plat Committee. Notice of public hearing shall be in accordance with I.C. 36-7-4-706 and with adopted rules and procedures. The cost of notification shall be borne by the applicant.
(4) Secondary plat. Application for secondary plat for minor subdivisions shall be in accordance with standards set forth for major subdivisions with the exception that the primary plat and the secondary plat may be heard simultaneously by the PPC or the Plat Committee.
(5) Decision by the PPC or Plat Committee. Within 30 days after application for approval of the minor subdivision, the PPC, or the Plat Committee as appropriate, shall approve or disapprove it.
(a) Approval. If the PPC or the Plat Committee determines that the plat complies with the standards of this chapter, they shall grant primary and secondary approval to the plat. The approval shall be certified on behalf of the PPC by the PPC President or by the chairman of the Plat Committee and the Administrator who shall affix their signatures to the plat original and all other relevant documents which also may require such signatures. Approval by the Plat Committee shall be reported to the PPC at the next public meeting.
(b) Disapproval. If the PPC or the Plat Committee disapproves the secondary plat, it shall make written findings of fact and notify the applicant in writing within ten days of the hearing, stating the specific reasons for disapproval. This written notice shall be ratified by the PPC and signed by the PPC President and the Administrator.
(6) Appeals. Appeals of decisions made by the PPC or the Plat Committee shall come before the PPC for final decision and may be made by either the applicant or remonstrator in accordance with I.C. 36-7-4-708.
(7) Amendments.
(8) Procedure restrictions. An applicant shall receive approval one time on a parent tract allowing a minor residential subdivision containing no more than residential lots. Any further subdividing requires an application for a zoning map amendment for the entire tract to an appropriate zoning district for a major subdivision as well as major subdivision approval.
(B) Minor subdivisions and single-family homes in the AG General Agricultural District. Application for minor residential subdivisions and single-family homes are brought before the WBZA and considered a restricted use for the purpose of thorough review on a site-by-site basis. A variance may be requested from the requirements of Table 3, Residential Uses and Requirements - Single-family and any other sections of this chapter at the written request of the applicant at the time of filing for special exception or variance before the WBZA. The following procedures and restrictions shall be considered:
(1) Approval. Minor subdivision approval shall be in accordance with the applicable section of the subdivision control ordinance. Single-family homes in the AG Zoning District shall be in accordance with the procedure set forth for special exception.
(2) Driveways. In order to prevent strip-lot development and preserve rural character, it is necessary to encourage the sharing of driveways.
(a) New driveways for minor subdivisions in the AG Zoning District shall be in accordance with Table 3, Residential Uses and Requirements - Single-family of this chapter. Lots shall share a common driveway cut when possible.
(b) When applicable, new driveways in the AG Zoning District shall be along the property line to make it possible to share the driveway with an adjoining lot in the future. In addition, the commitment may be required that the owner share the driveway when necessary.
(3) Cluster design. In order to preserve agricultural ground, minor subdivisions in the AG Zoning District shall be laid out in a cluster design. This is best accomplished by contiguously grouping the lots in such a manner so as to consume the least amount of land possible given the constraints of the landscape.
(4) Buffering. In order to protect residential uses from agricultural activities and vice-versa, the perimeter of the minor subdivision and lots for single-family homes in the AG Zoning District shall have bufferyard Ag.
(5) Commitments. In order to protect residential uses from agricultural activities and vice-versa, commitments may be required by the WBZA at the time of special exception approval in accordance with I.C. 36-7-4-921. Such commitments must be recorded with the Office of the Orange County Recorder prior to the issuance of an ILP. Commitments mandated by the WBZA may include, but are not limited to, the following:
(a) Right-to-Farm Law of Indiana. The applicant for the special exception acknowledges and/or agrees that agricultural uses are permitted in the surrounding area, no agricultural or agri-business operation in the area shall be or become a nuisance, and to not object to the continuation of any such agricultural or agri-business operation in the surrounding area as long as such operation does not constitute a nuisance.
(b) Future residential subdivision. After the granting of the initial special exception and prior to further subdivision of the subject property beyond such approval, an application for an additional special exception in order that the WBZA may review the request and ensure that such further subdivision is in accordance with this chapter and meets the standards for such special exception.