§ 155.207 COMMERCIAL SUBDIVISIONS.
   In creating commercial subdivisions, it is recognized that the subdivider often faces unique problems of lot design not normally encountered in residential subdivisions. For this reason, the initial emphasis of the PPC shall be upon street layout and lot arrangement.
   (A)   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.
   (B)   Concept plan. The concept plan is required as part of any application for primary plat approval for major subdivisions. The applicant shall submit the concept plan to a public meeting of the PPC prior to the primary plat hearing for the purpose of discussion and recommendations. The concept plan shall be drawn at a scale of 50 feet to one inch, except that when the drawing at that scale requires more than one sheet, the plan may be drawn at a scale of 100 feet to one inch. Sheets shall not exceed 24 inches by 36 inches in size. The concept plan shall consist of a site analysis map and a site development map.
      (1)   Site analysis map. A location map which may be prepared by indicating the required information by notation on available maps of an appropriate scale. The purpose of the site analysis map is to indicate consideration and respect for the unique features of a site. A site analysis map shall include the following:
         (a)   Location of the proposed subdivision, including adjacent parcels of land;
         (b)   Existing schools, parks, fire, police, and emergency medical (EMS) facilities that will serve the subdivision;
         (c)   Public thoroughfares that will serve the subdivision;
         (d)   Water and sewer services to serve the subdivision, if applicable.
         (e)   Primary conservation areas;
         (f)   Secondary conservation areas;
         (g)   Location of streets and thoroughfares including those in contiguous subdivisions or undeveloped property;
         (h)   Other unique features or characteristics of the site such as views (to and from the site), impacts (by the subdivision or by surrounding elements) and geographical features;
         (i)   Indication of the resulting prime location for primary structures after site analysis.
      (2)   Site development map. The site development map shall indicate the proposed layout of the subdivision, including streets, lots, primary structures, and common areas. In coordination with a primary plat application, the primary plat may act as the site development map.
      (3)   Public notice. A placard displaying the public meeting date and relevant information for the concept plan will be posted on the subject site in a prominent, visible location as the notice of public hearing. The non-refundable cost of the placard shall be borne by the applicant at the time of filing as noted in the fee schedule.
      (4)   Public meeting. The concept plan shall go before the PPC for presentation to and suggestions by the PPC. While no official action shall be taken, the PPC shall mandate impact assessments to be performed prior to application for primary plat.
      (5)   Impact assessment. As a result of concept plan review, the PPC may require that impact assessments be done for discussion at the time of the primary plat hearing. Impact assessment shall be performed by a qualified professional with training, experience, and expertise in the field relevant to the specific section of the study in which work shall be performed. The PPC shall mandate such studies at the expense of the applicant and of the professional of choice of the PPC. Such assessment may include any of the following: traffic and transportation; tax base; water and sewer service; fire, police, and emergency services; schools; parks. Any additional expense necessary to ensure adequate information, reports, or plans shall be met by the applicant.
   (C)   Primary plat.
      (1)   Format. For primary plats for commercial subdivisions, the subdivider need show a minimum of two lots along with the street and block layout.
      (2)   Application. A subdivider desiring approval of a primary plat of a subdivision of any land lying within Paoli shall submit their application in accordance with the application packet adopted by the PPC as part of their rules and procedures. The application shall be in accordance with filing deadlines outlined in the application packet. The application shall be accompanied by an application fee as indicated in the fee schedule. The application fee shall be non-refundable. Of the application copies submitted, the Administrator shall forward one copy to each of the persons listed below. These agencies, persons, or town officials shall forward any comments or recommendations concerning said plat to the Administrator prior to the date of the scheduled TAC meeting.
         (a)   Orange County Surveyor.
         (b)   Orange County Health Department.
         (c)   Natural Resource Conservation Service Soil Conservationist.
         (d)   Paoli Engineer or town's designee.
         (e)   Applicable public utility which may be affected.
         (f)   Applicable road or highway superintendent.
         (g)   Applicable School Superintendent.
         (h)   Applicable Safety Services.
      (3)   Plans. The primary plat shall be required as part of any application for primary plat approval. If applicable, the applicant shall submit proof of secured public sewer and/or public water connection. The plat shall be drawn at a scale of 50 feet to one inch, except that when the drawing at that scale requires more than one sheet, the plat may be drawn at a scale of 100 feet to one inch. Sheets shall not exceed 24 inches by 36 inches in size. The primary plat shall be prepared and certified by a land surveyor and/or a professional engineer registered by the State of Indiana. A primary subdivision plat shall be submitted showing the following, but not limited to:
         (a)   The proposed name of the subdivision;
         (b)   Names and addresses of the owner, subdivider, and consulting engineer, land surveyor, or planning firm that prepared the plan;
         (c)   Legend and notes including the scale, north point, and date;
         (d)   Tract boundary lines showing dimensions, bearings, angles, and references to section, township, and range lines or corners;
         (e)   Existing zoning of the tract and all contiguous tracts surrounding the proposed subdivision;
         (f)   All section and municipal corporate boundaries lying within or contiguous to the tract;
         (g)   Topographic contours at typical intervals of one foot if the general slope of the tract is less than 5%, or intervals of two feet if the slope is in excess of 5%. Said contours shall be referenced to mean sea level elevations;
         (h)   Layout of lots, showing dimensions and numbers and square footage of each lot;
         (i)   Building lines showing setback dimensions throughout the subdivision;
         (j)   Parcels of land proposed to be dedicated or reserved for schools, open space (indicating its use as park, playground, natural area, or other) or other public, semi-public or community purposes;
         (k)   Streets, rights-of-way, and driveways within 500 feet on adjoining the site of the proposed subdivision showing the names, roadway widths, approximate gradients, types and widths of pavements, curbs, sidewalks, and horizontal curve radii.;
         (l)   Existing and proposed easements including the location, width, and purpose of such easements;
         (m)   Location, size, and capacity of any public sewer and/or water utilities, if such facilities are available;
         (n)   Location of natural streams, regulated drains, floodplain, pipelines, power lines, etc.;
         (o)   A description of the surface drainage system to an approved outlet, including data showing that said outlet is adequate to accommodate the drainage requirements of the finished subdivision. Arrows designating the general drainage of all streets and lots shall be included;
         (p)   Location of any subsurface drainage required under the Storm Drainage, Erosion, and Sediment Control Ordinance and any amendments thereto, showing the location of all easements and all data pertaining to the size and capacity of such drainage;
         (q)   The boundaries and numbers of sections shall be shown if the primary plat is to be divided into sections or phases of development;
         (r)   Protective covenants and restrictions which are properly prepared and legally sound shall, subject to the approval of the PPC;
         (s)   The required anti-monotony identification standards; and
         (t)   Bufferyard, lighting and parking plans.
      (4)   Public notice. Once an application has been determined to be complete and meets all the requirements of this chapter, the Administrator shall set a date for a public hearing before the PPC. Notice of public hearing shall be in accordance with the rules and procedures adopted by the PPC. The cost of notification shall be borne by the applicant.
      (5)   Decision by the PPC. Within thirty 30 days of the public hearing concerning an application for approval of a subdivision plat, the PPC shall notify the applicant in writing stating whether the primary plat is approved or disapproved.
         (a)   Approval. If the PPC determines that the primary plat complies with the standards set forth in this chapter, it shall grant primary approval to the plat.
            1.   The PPC may introduce such changes or revisions as are deemed necessary to the best interest and general welfare of the community.
            2.   Approval of a primary plat by the PPC signifies the general acceptability of the layout submitted.
            3.   Approval of a primary plat shall be effective for a maximum period of two years unless, upon application of the applicant the PPC grants an extension. The PPC may extend approval of a primary plat to a maximum of four years without further notice, public hearing, or fees.
         (b)   Disapproval. If the PPC disapproves a primary plat application, the PPC 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 signed by the PPC President and the Administrator.
   (D)   Secondary plat.
      (1)   Format. The secondary plat for commercial subdivisions may be done in one of three ways:
         (a)   Full plat. The subdivider may submit the secondary plat for the entire subdivision and then amend the secondary plat as may be necessary.
         (b)   Individual lot. The subdivider may submit the secondary plat for each lot which will include all necessary infrastructure serving such lot.
         (c)   Individual lot with development plan.
         (d)   The subdivider may submit the secondary plat or an individual lot along with the application for development plan.
      (2)   Application. After approval of the primary plat by the PPC and fulfillment of the requirements of this chapter, the applicant shall submit to the Administrator a written application for secondary plat approval in accordance with the application packet adopted by the PPC as part of their rules and procedures. Such application shall be filed in accordance with filing deadlines outlined in the application packet. At the time of filing, the application shall be accompanied by a non-refundable application fee as indicated in the fee schedule. The Administrator shall forward one copy to each of the individuals and agencies indicated in the previous section regarding primary plat application. Those agencies or persons shall forward any comments or recommendations concerning said plat to the Administrator prior to the date of the scheduled TAC meeting.
      (3)   Plans. 
         (a)   Plat. The plat shall be drawn at a scale of 50 feet to one inch, except that when the drawing at that scale requires more than one sheet, the plat may be drawn at a scale of 100 feet to one inch. Sheets shall not exceed 24 inches by 36 inches in size. The secondary plat shall be prepared and certified by a land surveyor and/or a professional engineer registered by the State of Indiana. The secondary plat may include all or only a part of the primary plat which has received approval. The following information shall be shown on the secondary plat, but not limited to:
            1.   Name of subdivision and section number followed by the words "secondary plat".
            2.   Accurate boundary lines, with dimension and angles, which provide a legal survey of the tract, closing with an error of not more than one foot in 5,000 feet.
            3.   Accurate distances and directions to the nearest official monument. Reference corners shall be accurately described on the plan.
            4.   Accurate locations of all existing and recorded streets intersecting the boundaries of the tract.
            5.   Accurate metes and bounds description of the tract boundary.
            6.   Source of title of the applicant to the land as shown by the last entry in the books of the Orange County Recorder.
            7.   Street names.
            8.   Complete curve data for all curves included in the plan.
            9.   Street lines with accurate dimensions in feet and hundredths of feet with angles to street, alley, and lot lines.
            10.   Lot numbers and dimensions including the square footage of each lot.
            11.   Accurate locations of easements for utilities and any limitations on such semi-public or community use.
            12.   Accurate dimensions and plans for any property to be dedicated or reserved for open space or other public, semi-public, or common use.
            13.   Building lines and setback dimensions throughout the subdivision.
            14.   Location, type, material, and size of all monuments and markers.
            15.   Plans and specifications for the improvements required in this chapter.
            16.   Final protective covenants and restrictions which are properly prepared and legally sound which shall be incorporated into the plat and restrictions of all types which will run with the land and become covenants in the deed for lots.
            17.   The required anti-monotony identification standards.
            18.   Name and address of the owner and subdivider.
            19.   North point, scale, and date.
            20.   Certification of dedication of streets and other public property.
            21.   Final landscaping, lighting or parking plans shall be incorporated in the secondary plat design plans when requested by the Administrator or the PPC.
            22.   Certificate of approval by the PPC.
         (b)   Construction plans. It shall be the responsibility of the subdivider of every proposed subdivision to have prepared and certified by a land surveyor and/or professional engineer registered in the State of Indiana, a complete set of construction plans, including profiles, cross-sections, specifications, and other supporting data for all required public streets, utilities, and other facilities. The final construction plans shall be based on preliminary plans which have been approved with the primary plat, and shall be prepared, submitted, and distributed in conjunction with the secondary plat. The plans shall show the following:
            1.   Construction plans shall be prepared for all required improvements. Plans shall be drawn on standard 24-inch by 36-inch sheets at a scale of no more than one inch equals 50 feet, and map sheets shall be of the same size as the primary plat.
            2.   Topographic contours at intervals of one foot if the general slope of the tract is less than 5% or intervals of two feet if the slope exceeds 5%. Contours shall be referenced to mean sea level elevations.
            3.   Profiles showing existing and proposed elevations along center lines of all streets. Where a proposed street intersects an existing street or streets, the elevation along the center line of the existing street or streets within 100 feet of the intersection. Approximate radii of all curves, lengths of tangents, and central angles on all streets. Complete curve data for all curves included in the plan.
            4.   Where steep slopes exist, the PPC may require that cross-sections of all proposed streets at 100-foot stations shall be shown as follows: on a line at right angles to the center line of the street, and said elevation points shall be at the center line of the street, each property line, points 25 feet inside each property line, edges of pavement, curbs, break points, and ditch lines.
            5.   Plans and profiles showing the location and typical cross-section of streets including curbs and gutters, sidewalks, mailboxes, rights-of-way, drainage facilities, manholes, and catch basins: the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems: the location of street trees, street lighting standards, and street signs: and exact location and size of all water, gas, or other underground utilities or structures.
            6.   Location, size, elevation, and other appropriate description of any other existing physical and natural features or facilities including features noted on the official maps of the Town, trees with a diameter of eight inches or more (measured four feet above ground level), the points of connection to proposed facilities and utilities, and the approximate high- and low-water elevations of all ponds, lakes and streams. All elevations shall be referred to the USGS datum plane.
      (4)   Public notice. Public notice for secondary plats shall be in accordance with the rules and procedures established by the PPC.
      (5)   Decision by the PPC. Within 30 days after application for approval of the secondary plat, the PPC shall approve or disapprove it.
         (a)   Approval. If the PPC determines that the plat complies with the standards of this chapter, it shall grant secondary approval to the plat. After necessary performance surety has been posted, the secondary approval of a plat by the PPC shall be certified on behalf of the PPC by the PPC president and the Administrator who shall affix their signatures to the plat original and all other relevant documents which also may require such signatures.
            1.   Recording. A plat of a subdivision may not be filed with the Orange County Auditor and the Orange County Recorder may not record it, unless it has been granted secondary approval by the PPC and has been properly signed by the PPC President and the Administrator. The filing and recording of the plat is without legal effect unless approved by the PPC. One copy of the recorded plat shall be forwarded to the Administrator and the Orange County Surveyor.
            2.   Improvement location permits. No improvement location permit shall be issued by the Administrator, or his agent, for any structure on any subdivision lots prior to the following:
               a.   The recording of said subdivision by the Orange County Recorder, except for the purposes of public facilities.
               b.   Installation and completion of all improvements, including grading, as shown on the development plans and approved by the PPC, except that in the case of an asphalt road surface, the installation of the final surface coat may be postponed until the end of the maintenance period. The final coat of asphalt shall be installed prior to acceptance of the road for public maintenance.
               c.   Written certification from the appropriate Highway Department and the Orange County Surveyor that improvements are complete.
               d.   The release of necessary performance surety and the posting of necessary maintenance surety.
         (b)   Disapproval. If the PPC disapproves the secondary plat, it shall make written findings of fact and notify the applicant in writing, stating the specific reasons for disapproval. This written notice shall be signed by the PPC President and the Administrator.
   (E)   Plats and amendments. As prospective buyers or users express interest in lots sized to their required specifications, the owner shall submit an amendment to the approved recorded subdivision plat for consideration. Streets that have been built by following an approved set of plans on the previously approved secondary plat shall not have to be rebuilt because of the adoption of new criteria by the PPC. This shall also apply to storm drainage facilities within said subdivision unless runoff characteristics have been changed by the newly proposed improvements or by unauthorized existing improvements.
   (F)   Appeals. Reserved.
   (G)   Amendments. Reserved.
   (H)   Restrictions. Reserved.