§ 153.023 MINOR SUBDIVISIONS.
   (A)   General procedures for primary approval. Should the Administrator, upon examination of the sketch plan application, classify the proposed land division as a minor subdivision, the subdivider shall follow the procedures and be subject to the process outlined and detailed in the section. In addition to a sketch plan which is reviewed by the Administrator and any required checkpoint agencies for primary approval by the Commission, the applicant seeking approval of a minor subdivision shall submit for secondary approval a final subdivision plat which must be found in compliance with the sketch plan or otherwise approved in order to be signed and recorded.
   (B)   Official submission date and placement on the agenda. An application for sketch plan approval for a minor subdivision shall be placed on the agenda of the first regularly scheduled meeting of the Commission to occur at least 30 days after the date the application is submitted.
   (C)   Sketch plan review process. Within 20 calendar days of the submittal of a sketch plan application, the Administrator shall have studied the proposal, reviewed checkpoint reports received, and meet 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 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 sewage disposal, lot size and arrangement, the further development of adjoining lands and any applicable requirements of the town's comprehensive plan. Subsequent to the meeting the Administrator shall provide the participants with a written record of the proceedings of that meeting.
   (D)   Administrative review. Subsequent to placement on the agenda, and prior to the date of public hearing, the Administrator and other appropriate representatives of the Commission shall review the proposal and prepare a written report to the Commission and applicant indicating a recommendation with regard to the subdivision being proposed.
   (E)   Public hearing notification. The Commission shall hold a public hearing on the sketch plan. Notice of such hearing shall be in 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 was 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 at least ten days in advance of the hearing by certified mail. The applicant shall file an affidavit with the Commission at the time of the public hearing verifying compliance with all notice requirements.
   (F)   Primary approval of the sketch plan. The Commission shall, at a regularly scheduled meeting, approve, conditionally approve or disapprove the sketch plan. One copy of the sketch plan shall be returned to the applicant with the date of approval, conditional approval, or disapproval and the reasons therefor accompanying the sketch plan within 15 days after the public meeting. Primary approval by the Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until the minimum of ten days has elapsed since the granting of primary approval per I.C. 36-7-4-708(d).*
* Editor’s note:
   The statute cited in the last sentence of division (F) of this section, I.C. 36-7-4-708(d), has been repealed.
   (G)   Final subdivision plat procedure for secondary approval.
      (1)   Submission requirements. Following approval of the preliminary plat, 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;
         (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 for primary approval;
         (e)   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 § 153.022(F)(1) 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.
   (H)   Signing a plat. The designated officials of the Commission shall endorse secondary approval of the plat by signing the certificate of approval after 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-Treasurer a mylar print of the approved and fully executed plat.
   (I)   Recording a plat. It shall be the responsibility of the subdivider in the presence of the Administrator or the person designated by the Administrator to file the plat with the County Recorder within 30 days of the date of signature.
(Ord. 174, § 303, passed 6-11-90; Am. Ord. 320, passed 5-17-04)