(1) The secondary plat approval process for nonresidential incremental subdivisions is intended to provide for the phased approval of nonresidential lots of a size and configuration required to serve the needs of development while safeguarding the needs and interests of the public for proper infrastructure design and installation.
(2) Any nonresidential incremental subdivision electing to not utilize this incremental secondary plat approval process set forth herein shall be required to follow the full primary and secondary plat approval process outlined above.
(a) Incremental approval process.
1. Any subdivider who proposes to utilize the incremental approval process shall indicate the intention to utilize the incremental approval process at the pre-filing conference for conceptual plat review with staff as required below.
2. Any subdivision for nonresidential land uses may be divided into two or more increments or phases for the purpose of secondary plat approval. In connection with a primary plat approval intending to utilize the incremental approval, the Plan Commission shall condition its primary plat approval upon the following requirements:
a. All lots created by an incremental secondary plat shall have either:
i. Direct access to and from a public street; or
ii. Gain access to and from a public street across a perpetual recorded access easement through portions of the real estate included in the primary plat.
b. All lots created by an incremental secondary plat shall either contain within the limits of the incremental secondary plat or have legal access to adequate infrastructure to accommodate the fully developed needs of the incremental plat (i.e., storm water management, sanitary sewer, water, electric, gas, telephone and the like).
3. The Plan Commission may impose any other reasonable conditions on the primary plat approval of a nonresidential incremental subdivision deemed necessary to assure the orderly development of the nonresidential incremental subdivision. Such reasonable conditions may include the completion of, or posting a bond or other surety in lieu thereof for, improvements necessary to support each incremental secondary plat but which improvements may not be located within the bounds of the proposed incremental secondary plat.
(b) Improvements in incremental secondary plats. Each incremental secondary plat shall be considered a separate secondary plat and the recording of easements, dedication of rights-of-way, infrastructure improvements or other required improvements proposed in the remaining sections of the primary plat may be deferred by the subdivider and completed in connection with the appropriate future incremental secondary plat, provided, however, the recording of easements, dedication of rights-of-way, construction of infrastructure improvements or other required improvements proposed in the primary plat which are determined by the Plan Commission as required to protect the public health, safety and welfare may be required prior to approval of the proposed incremental secondary plat.
(c) Filing requirements for nonresidential primary plats proposing to utilize an incremental secondary plat approval process. Any subdivider who proposes to utilize the incremental secondary plat approval process shall indicate the intention to utilize the incremental secondary plat approval process at the pre-filing conference for conceptual plat review and on the application for a nonresidential primary plat.
(d) Review procedures for nonresidential primary plats proposing incremental secondary plat approval.
1. The subdivider shall submit a sketch plan for the proposed nonresidential subdivision for conceptual plat review by the staff at a pre-filing conference prior to filing a petition for primary plat approval with the Plan Commission.
2. Staff shall review the sketch plan and shall notify the subdivider of any comments related to the design or contents of the sketch plan within ten business days of the submittal for conceptual plat review.
3. Notwithstanding anything contained in this ordinance to the contrary, neither the staff’s conceptual plat review of the sketch plan submitted at a pre-filing conference nor staff’s comments to the petitioner relating thereto shall be considered a denial, approval or decision concerning the proposed primary plat.
4. Petitioner may modify the sketch plan and file a petition for primary plat approval after the expiration of the ten business day period referred to above.
(e) Incremental secondary plat approval. Incremental secondary plat approval is hereby delegated to the Director, provided that any and all conditions imposed by the Plan Commission on the primary plat have been fully complied with by the subdivider.
(Ord. 22-97, passed - -1997; Ord. 40-2006, passed 10-9-2006)