(A) General procedures for primary and secondary approval. Should the Administrator, during sketch plan review, classify the proposed land division as a major subdivisions, the subdivider shall follow the procedures and be subject to the processes outlined and detailed in this section. In addition to sketch plan which is reviewed by the Administrator and checkpoint agencies, the applicant seeking approval of a major subdivision shall submit a preliminary subdivision plat to be approved, conditionally approved, or rejected by the Commission at a public meeting, and a final subdivision plat which must be found in compliance with the preliminary plat as approved by the Commission or otherwise approved in order to be signed and recorded.
(B) Official submission dates. The deadline for submittal of a sketch plan and application for certificate of approval shall be 61 calendar days prior to the date of the public meeting at which the subdivider intends to have his preliminary plat submission heard, and 31 calendar days prior to the deadline for the submission of the preliminary plat. Thus, as a minimum, sketch plan submission shall precede preliminary plat submission by no less than 31 calendar days, which in turn shall precede the public meeting at which it is intended to be heard by no less than 30 calendar days.
(C) Sketch plan review process. Within 20 calendar days of the subdivider's sketch plan application submittal, the Administrator shall have studied the proposal, reviewed checkpoint reports received, and met with the subdivider to discuss pertinent aspects of the proposed subdivision and possible modifications and/or changes that may be suggested or required by this chapter. The Administrator shall request that a representative of each checkpoint agency wishing to be involved in a sketch plan review be present to participate in the sketch plan review meeting. In taking into consideration the requirements of this chapter, particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, sewage disposal, drainage, lot size and arrangement, the further development of adjoining lands as yet un-subdivided, and the requirements of the official map and comprehensive plan. Subsequent to the meeting the Administrator shall provide the participants with a written record of the proceedings of that meeting.
(D) Major subdivision procedures for preliminary plat approval.
(1) Submission requirements. Following the submission, review and report on the sketch plan application, the subdivider may file for primary approval of a preliminary plat. The submission shall:
(a) Be made on forms available at the office of the Commission and be submitted with a fee of $5 per lot for each lot which was not included in the sketch plan;
(b) Show all land which the applicant proposes to subdivide and all adjacent land within 100 feet with the names and addresses of the owners as shown in the Auditor's files. This information may be shown on a separate plat map reproduction from the Auditor's Office showing the boundaries of the subdivision's superimposed thereon;
(c) Be presented to the Administrator no later than 30 calendar days prior to the regular meeting of the Commission at which it is intended to be heard;
(d) Be accompanied by ten copies of the preliminary plat as described in this chapter;
(e) Generally comply with the sketch plan as reviewed.
(2) Placement on the Commission agenda. Subsequent to the submission for primary approval, the Commission shall place the matter on its next regular meeting agenda for formal action.
(3) Administrative review. Subsequent to placement on the agenda, and prior to the date of public hearing, the Administrator and other individuals serving the Commission in an advisory capacity shall review the proposal and prepare a report to the Commission.
(4) Public hearing notification. The Commission shall hold a public hearing on the preliminary plat and notice of such hearing shall be a local newspaper of general circulation ten days prior to the hearing (per I.C. 5-3-1) at the applicant's expense. At the time of the public hearing, the applicant shall submit proof of publication that the notice of public hearing were published at least ten days prior to the public hearing. Interested parties shall be notified by the applicant of the date, time, place and purpose of the public hearing on the subdivision at least ten days in advance of the hearing by certified mail. The applicant shall file with the Commission at the time of the public hearing an affidavit so testifying.
(5) Primary approval of the preliminary plat. The Commission shall at a public meeting, grant primary approval, or disapprove the preliminary plat. One copy of the preliminary plat shall be returned to the applicant with the date of approval, conditional approval, or disapproval and the reasons therefore accompanying the plat within 15 days of the public hearing. Primary approval by the Commission is subject to review by certiorari.
(6) Effective period of primary approval. Unless extended, the primary approval of a preliminary plat shall be effective for a period of five years at the end of which time secondary approval of the subdivision must have been obtained and certified by the designated officials. Any plats not receiving secondary approval within the period of time set forth herein shall be null and void, and the developer shall be required to submit a new application for sketch plan review and certificate subject to all the zoning restrictions and subdivision regulations in effect at the time of resubmission. Upon request of the applicant the Commission may extend the primary approval of a preliminary plat in increments of two years beyond an expiration date without further notice and public hearing.
(E) Approval of construction plans.
(1) Submission procedure and requirements. Following the review of the sketch plan and prior to submission of the final plat for secondary approval, the applicant shall file three sets of detailed plans and specifications with the Administrator.
(2) Review process. The Administrator shall immediately refer the plans to the appropriate agencies for their review. If the agencies approve the construction plans, or 14 working days elapse following their distribution without a written response, the Administrator shall mark the plans approved and return one set to the applicant. In no event shall secondary approval (of the final plat) be given prior to approval of the construction plans.
(3) Installation of improvements. No work shall proceed on the installation of improvements prior to approval of the construction plans. The installation of improvements shall be inspected by a representative of the town as directed by the Plan Commission. Such inspections are required in all instances regardless of whether the work is performed before or after secondary approval.
(F) Final plat procedure (secondary approval).
(1) Submission requirements. Following approval of the preliminary plat and construction plans, the applicant shall file a request for secondary approval of the final plat with the Administrator. The application shall:
(a) Be submitted on forms available at the Office of the Town Clerk-Treasurer;
(b) Include the entire subdivision, or section thereof which derives access from an existing county, or town roadway;
(c) Be accompanied by five copies of the final plat as described in this chapter;
(d) Comply with this chapter and the terms and conditions of primary approval;
(e) Be accompanied by a performance bond, if required, in a form satisfactory to the Town Attorney. The bond shall be in an amount equivalent to 110% of the estimated cost of installing public improvements and shall guarantee the completion of all required subdivision and off-site public improvements;
(f) Be accompanied by any restrictive covenants in a form approved by the Commission, where they have been proposed by the subdivider or required by the Commission.
(2) Determination of conformance (secondary approval). In order to secure secondary approval, a final plat must conform with the preliminary plat approved by the Plan Commission. If the final plat deviates from the preliminary plat that received primary approval, the plat shall be submitted to the Commission at a public meeting for a new primary approval. The Plan Commission may delegate authority to grant secondary approval to the Administrator.
(a) If the Administrator is delegated authority to grant secondary approval, the Administrator shall review the items submitted as per division (F)(1) above within ten work days and shall determine conformance with all conditions and requirements imposed as part of the primary approval. If the plat is found to be in conformance and complete, the Administrator shall recommend the signing of the certificate granting secondary approval.
(b) If the Plan Commission reviews a plat for secondary approval, the subdivider shall request Commission review in writing no less than 30 calendar days prior to the date of the public meeting at which the final plat is to be reviewed. The matter shall be placed on the agenda of the next regular meeting of the Plan Commission. The Administrator shall review the proposal and submit a written report and recommendations to the Commission and the applicant. The Commission shall approve or disapprove the final plat. If granted secondary approval it shall be signed by the designated officials. If not granted secondary approval, then the subdivider shall be informed as to the insufficiency of his submittal.
(3) Sectioning plats. Prior to granting secondary approval of a major subdivision, the Commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. Such sections must contain at least 20 lots or 10% of the total number of lots contained in the approved plat, whichever is less. The approval of all remaining sections not filed with the Administrator shall automatically expire after five years from the date of primary approval of the preliminary plat, unless the expiration date has been extended.
(G) Signing a plat.
(1) When a performance bond is required, the designated officials of the Commission shall endorse secondary approval of the plat by signing the certificate of approval after the bond has been approved, and all the conditions of the primary approval have been satisfied. The certificate of approval shall be part of the tracing cloth or reproducible mylar of the subdivision plat. The subdivider shall provide the Town Clerk a mylar print of the approved and fully executed plat.
(2) When, at the discretion of the Plan Commission, installation of improvements is permitted in lieu of performance bonds the designated officials of the Commission shall endorse secondary approval of the plat by signing the certificate after all conditions of the primary approval have been satisfied and all improvements satisfactorily completed. The developer shall provide certified as built drawings of completed public improvements and such other written evidence as necessary to verify that the required public facilities have been installed in a manner satisfactory to the town.
(3) If the subdivider is permitted to install all improvements before the secondary approval and it is shown that the conditions of this chapter have been met, and if the final plat completely conforms to the primary approval, the Commission shall have no other recourse than to grant secondary approval.
(H) Recording a plat. It shall be the responsibility of the subdivider in the presence of the Administrator or his or her designate to file the plat with the County Recorder within 30 days of the date of signature.
(Ord. 174, § 302, passed 6-11-90)