(A) Purpose and intent. A primary plat shall provide the Plan Commission with the opportunity to review the details of a subdivision of land to determine compliance with the provisions of this chapter. A primary plat shall also ensure the statutory requirements established in the Indiana Code for the subdivision of land are met.
(B) Project applicability. A primary plat shall be prepared in conjunction with any proposal to subdivide or plat property within the jurisdictional area of the Plan Commission.
(1) Applicable districts. The subdivision of land shall be permitted in all zoning districts.
(2) Replats. A replat shall consist of two processes. First, the plat or the portion of the plat shall be vacated in accordance with I.C. 36-7-3-10 and I.C. 36-7-3-11. Then, the property shall be platted using the primary plat process in this section and the secondary plat process in § 165.465 (Subdivision of Land; Secondary Plat).
(3) Exemptions. Condominiums regulated by I.C. 32-25 are exempt from this subdivision process outlined in this chapter.
(C) Prerequisites.
(1) Eligible applicants. An application for primary plat shall be initiated by the owner of the land involved in the development or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner shall accompany the application.
(2) Pre-application meeting. Prior to submitting an application for primary plat, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, review regulatory ordinances and materials, review the procedures and examine the proposed use and development of the site.
(D) Elective concept plan. The petitioner may elect to seek tentative review by the Plan Commission. The petitioner shall prepare a conceptual plan of the proposed development including:
(1) Minimum submittal requirements.
(a) Lot layout. Generally layout of lots;
(b) Drainage. Generally how drainage will be handled;
(c) Product. General description of the product intended to be built on the lots; and
(d) Design features. General description of the development’s features.
(2) Plan Commission meeting.
(a) Submittal deadline. The required quantities of the application and supporting information shall be submitted at least 28 days prior to a Plan Commission or Plat Committee to be considered for that meeting. Depending on the review time necessary, a primary plat application may be placed on a later Plan Commission or Plat Committee agenda.
(b) Notice. A concept plan shall not require notice or a public hearing.
(c) Plan Commission review. The Plan Commission shall hear a presentation of the material from the petitioner, answer questions and hear comments in regard to the concept plan.
(d) Plan Commission action. The Plan Commission shall give final feedback to the petitioner which shall not constitute a legal action.
(E) Filing requirements.
(1) Application. An application for primary plat shall be made on forms provided by the Zoning Administrator.
(2) Supporting information. The following supporting information shall accompany a completed application for primary plat:
(a) List. A list of names and mailing addresses of all known adjacent property owners. The measurement shall include any adjacent property regardless if a road, river, railroad or other physical barrier exists. This information may be obtained from the County Auditor’s office;
(b) Site plan, drawn to scale. A site plan, drawn to a scale, that includes the following items:
1. North arrow;
2. Graphic scale;
3. Proposed address for each lot;
4. Proposed name of the subdivision;
5. Area map insert showing the general location of the site referenced to major streets;
6. Legal description of the site;
7. Boundary lines of the site including all dimensions of the site;
8. Names, centerlines and right-of-way widths of all streets, alleys and easements;
9. Layout, number, dimension, area, building setback lines on all lots;
10. Location and dimensions of any existing structures;
11. Location of all floodway, floodway fringe areas and wetlands within the boundaries of the site;
12. Areas reserved for park, recreation, conservation, wetland, common area, lake, trails or other similar uses;
13. Proposed perimeter landscaping areas;
14. Proposed entryway feature signs;
15. Stamp of registered professional engineer or registered land surveyor; and
16. Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator. This may include the supporting information listed in § 165.487(D)(2)(i) for projects within the APO District.
(c) Representative building elevations. Representative building elevations for each facade of primary structures including the following information may be requested by the Zoning Administrator.
1. Permitted building materials to be used for wall, window, roof and other architectural features;
2. Placement, size, color and illumination details for any proposed wall sign; and
3. Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.
(d) Site access and circulation plan. A site access and circulation plan shall be required, but may be incorporated into the required site plan or may be submitted as a separate plan. It shall be drawn to scale and shall include the following items:
1. North arrow;
2. Graphic scale;
3. Proposed name of the subdivision;
4. Names, centerlines and right- of-way widths of all existing and proposed streets, alleys and easements within 100 feet of the site;
5. All improvements to the street system on-site and off-site;
6. Measurement of curb radius and/or flares;
7. Location of proposed and existing sidewalk and sidepaths;
8. Location and details of all proposed wayfinding signs and traffic signs; and
9. Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.
(e) Utility plan, drawn to scale. A utility plan, drawn to scale, including the following items:
1. Location of all existing and proposed utility easements;
2. Location and size of all existing and proposed utility components including, but not limited to, sanitary sewer components, water components, storm water components, electric, gas, telephone and cable;
3. Location and illumination capacity of all street lights;
4. Names of legal ditches and streams in or adjacent to the site;
5. Contours sufficient to illustrate storm water runoff;
6. Storm water drainage plan including estimated runoff; and
7. Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.
(f) Traffic impact study.
1. A traffic impact study shall be required when a proposed development meets or exceeds the warrants of the State Department of Transportation Traffic Impact Study Guidelines (150 or more dwelling units; 15,000 square feet or more of retail space; 35,000 or more square feet of office space; 70,000 square feet or more square feet of industrial space outside of the Midwest or any future city-owned industrial park; 30,000 square feet or more of educational space; 120 or more occupied rooms; 46,000 or more square feet of medical space; or any mixed-use development which generates 100 or more peak hour trips in the peak direction).
2. A registered professional engineer shall prepare and certify the traffic impact study. The traffic impact study shall evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway system. Prior to commencement, the applicant shall meet with the Zoning Administrator and City Engineer to determine an appropriate scope for the traffic impact study.
(g) Statement of development build-out. The applicant shall indicate, either on the required site plan or in writing, a statement of:
1. The order of development of the major infrastructure elements of the project;
2. Future section boundaries, if any;
3. The order and content of each section; and
4. An estimate of the timeframe for build-out of each section.
(h) Landscape plan. The applicant shall indicate, either on the required site plan or on a separate landscape plan, existing and proposed perimeter landscaping and other landscaping that meet or exceeds the standards detailed in § 165.399 (Perimeter Landscaping Standards).
(i) Restrictive covenants. The applicant shall provide a copy of the restrictive covenants that will apply to each lot within the subdivision. Required deed restrictions, non-petition clauses, non-remonstration clauses, conditions of approval and/or developer commitments shall be included in the restrictive covenant or in a separate legal document which will apply to each lot and be recorded. Any required restriction, clause, condition or commitment shall be clearly written to not be amendable by the owner or owners’ association and that the only means for removing or modifying the required restriction, clause, condition or commitment is through a plat vacation or replat process.
(j) Requested waivers.
1. Lot establishment. Requirements within lot establishment standards may be waived to allow for more creative design, but accessibility shall not be compromised;
2. Open space. Requirements within § 165.396 (Open Space Standards) may be reduced by as much as 50%.
3. Perimeter landscaping. Requirements within § 165.399 (Perimeter Landscaping Standards) may be reduced as much as 50%.
(3) Deadline. The required quantities of the application and supporting information shall be submitted at least 28 days prior to a Plan Commission or Plat Committee to be considered for that meeting. Depending on the review time necessary, a primary plat application may be placed on a later Plan Commission or Plat Committee agenda.
(4) Fees. Applicable fees shall be paid at the time the application for primary plat is filed.
(F) Formal procedure.
(1) Assignment. An application for primary plat, which is determined to be complete and in proper form by the Zoning Administrator, may be on the first Plan Commission or Plat Committee agenda that occurs 28 days after the application for primary plat is submitted in its entirety. The application for primary plat may be placed on a later Plan Commission or Plat Committee agenda if the review time necessitates more time. The Zoning Administrator shall notify the applicant by telephone or in writing of the meeting date. The Zoning Administrator shall then decide to:
(a) Assign the primary plat to the Plat Committee for review; or
(b) Assign the primary plat to the Plan Commission for review.
(2) Internal review. Upon assignment of a case number and hearing date, the Technical Review Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, County Surveyor’s office, Utility Departments and other applicable agencies will be notified of the proposed subdivision of land and asked to review and comment. The Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the subdivision of land, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the subdivision of land and information from the Technical Review Committee and/or other agencies that have reviewed the subdivision of land. A copy of such report shall be made available to the applicant and all remonstrators.
(G) Plan Commission review.
(1) Required quantities of application and supporting information. Thirteen hard copies of the application for primary plat; 13 hard copies of all supporting information; one digital copy of the application for primary plat and all supporting information in .pdf (portable document format); and one digital copy of any drawings in .dwg file format shall be submitted.
(2) Public notice. The following public notice standards apply to an application for primary plat. All costs associated with providing public notice shall be borne by the applicant.
(a) The Zoning Administrator shall notify all interested parties of the public hearing by regular U.S. mail a minimum of ten days before the public hearing.
(b) The Zoning Administrator shall publish legal notice in a newspaper of general circulation a minimum of ten days before the public hearing.
(c) The Zoning Administrator shall be responsible for providing proof of published notice to the Plan Commission and including proof in the case file.
(3) Attendance. The applicant shall be present at the Plan Commission meeting to explain the proposed primary plat and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for a primary plat.
(4) Public hearing. A public hearing shall be held in accordance with the Plan Commission rules of procedure.
(5) Review. At their regularly scheduled public meeting, the Plan Commission shall review:
(a) The application for primary plat;
(b) All supporting information including the site plan, site access and circulation plan, elevations and the like;
(c) The testimony of the applicant;
(d) Information presented in writing or verbally by the Zoning Administrator, the Technical Review Committee or other applicable department;
(e) Input from the public during the public hearing;
(f) Any applicable provisions of this chapter;
(g) Any applicable requirements of the city’s construction standards; and
(h) Any other information as may be required by the Plan Commission to evaluate the application.
(6) Decision.
(a) Action. The Plan Commission shall make findings of fact and take final action or continue the application for primary plat to a defined future meeting date.
(b) Findings of fact. The Plan Commission shall make the following findings of fact. Approval of findings may be in the form of a general statement. Disapproval of findings shall specify the provision of this chapter or city’s construction standards with which there is not compliance or the manner in which the project is not consistent with the city’s Comprehensive Plan:
1. The subdivision of land is consistent with the city’s Comprehensive Plan;
3. The subdivision of land satisfies any other applicable provisions of this chapter; and
5. The subdivision of land satisfies the construction requirements of the city’s construction standards.
(c) Final action.
1. If the Plan Commission finds all of the findings of fact in the affirmative, it shall approve or approve with commitments the application for primary plat.
2. If the Plan Commission does not find all of the findings of fact in the affirmative, it shall deny the application for primary plat.
(d) Commitments. The Plan Commission may require the applicant to make a written commitment concerning the primary plat. Any written commitments shall be recorded in the office of the County Recorder within 90 days of the Plan Commission’s final action.
(e) Findings. The findings, final action and any conditions shall be signed by the President of the Plan Commission.
(f) Copy of decision. The Zoning Administrator shall provide the applicant a copy of the decision.
(H) Plat Committee review.
(1) Required quantities of application and supporting information. Thirteen hard copies of the application for primary plat; 13 hard copies of all supporting information; one digital copy of the application for primary plat and all supporting information in .pdf (portable document format); and one digital copy of any drawings in .dwg file format shall be submitted.
(2) Jurisdiction. The Plat Committee may grant primary plat or primary plat amendment approval to a subdivision of land that:
(a) Does not involve opening more than 1,000 feet of a new public way;
(b) Does not include a waivers application;
(c) Complies in all other respects with the subdivision regulations;
(d) Complies in all other respects with the remainder of this chapter; and
(e) Does not result in more than three lots.
(3) Attendance. The applicant shall be present at the Plat Committee meeting to explain the proposed primary plat and address and discuss comments and concerns posed by the Plat Committee. Failure to appear may result in the dismissal of the application for a primary plat.
(4) Public hearing. A public hearing before the Plat Committee is not required.
(5) Review. At a regularly scheduled meeting, the Plat Committee shall review:
(a) The written statement and supporting material submitted by the petitioner;
(b) The primary plat;
(c) Any commitments or conditions of approval attendant to prior approvals;
(d) The testimony of the petitioner;
(e) Relevant evidence presented by other persons;
(f) The city’s Comprehensive Plan;
(g) The applicable standards of this chapter;
(h) The applicable engineering standards;
(i) All information presented by the members of the Technical Review Committee or by city departments;
(j) The Zoning Administrator report; and
(k) Such other additional information as may be required by the Plat Committee to evaluate the petition.
(6) Decision. The Plat Committee shall:
(a) Approve the petition;
(b) Approve the petition with conditions of approval and/or commitments;
(c) Deny the petition;
(d) Forward the petition to the Plan Commission for consideration; or
(e) Continue the petition to a determined future meeting date.
(7) Findings of fact. The Plat Committee shall make the following findings of fact. Approval of findings may be in the form of a general statement. Disapproval of findings shall specify the provision of this chapter or city’s construction standards with which there is not compliance or the manner in which the project is not consistent with the city’s Comprehensive Plan:
1. The subdivision of land is consistent with the city’s Comprehensive Plan;
4. The subdivision of land satisfies any other applicable provisions of this chapter; and
5. The subdivision of land satisfies the construction requirements of the city’s construction standards.
(8) Commitments.
(a) Acceptance. In conjunction with the approval of a primary plat, the Plat Committee may permit or require the petitioner to make written commitments concerning the use or development of the lot. The details of these commitments shall be clearly denoted, with the intent that the petitioner will prepare them in written form for signature.
(b) Form. The petitioner shall prepare the commitment instrument in a form approved by the County Attorney. Once in the proper form, the petitioner and the Chair of the Plat Committee shall sign the commitment instrument.
(c) Recording. The petitioner shall record the commitment instrument in the County Recorder’s office within 30 days of the approval of the primary plat. The petitioner shall deliver a copy of the recorded commitment instrument to the Zoning Administrator before secondary plat approval is granted.
(d) Modification or termination. The Plat Committee shall not modify or terminate any commitment. A commitment under this section shall be modified or terminated only by a decision of the Plan Commission made at a public hearing and after proper notice.
(e) Enforcement. Any commitment shall be enforced as if it were a development standard of this chapter.
(9) Conditions of approval. In conjunction with the approval of a primary plat, the Plat Committee may impose reasonable conditions of approval concerning the use or development of the lot that will, in its judgment, substantially secure the objectives of the design standards.
(a) Form. The Zoning Administrator shall prepare the conditions of approval instrument in a form approved by the City Attorney. The Chair of the Plat Committee shall sign the conditions of approval instrument.
(b) Recording. The petitioner shall record the conditions of approval instrument in the County Recorder’s office within 30 days of the approval of the primary plat. The petitioner shall deliver a copy of the recorded conditions of approval instrument to the Zoning Administrator within 30 days of recording.
(c) Modification or termination. The Plat Committee shall not modify or terminate any condition of approval. A condition of approval imposed under this section shall be modified or terminated only by a decision of the Plan Commission made at a public hearing and after proper notice.
(d) Enforcement. Any condition of approval shall be enforced as if it were a development standard of this chapter.
(10) Revisions. Following Plat Committee approval, the petitioner shall submit revised copies of the plans that address the comments and concerns of the Plat Committee. The petitioner shall refer to the application packet to determine the format and number of copies of the revised plans to deliver to the Zoning Administrator.
(11) Public notice and right to appeal. Within ten days after primary plat approval by the Plat Committee, the Zoning Administrator shall provide for due notice to interested parties of the Plat Committee’s approval and of their right to appeal to the Plan Commission. The notice shall be given in the following manner.
(a) Published. The Zoning Administrator shall be responsible for publishing a legal notice.
(b) Mailed. The Zoning Administrator shall be responsible for mailing notice via first class mail.
(12) Notice of appeal. An interested party may appeal the Plat Committee approval to the Plan Commission by filing a notice of appeal with the Zoning Administrator not more than ten days after the Zoning Administrator has mailed a copy of the Plat Committee’s action to the interested party.
(I) Duration. An approved primary plat shall be valid for two years from the date the Plan Commission or Plat Committee granted approval. The Zoning Administrator may grant one six-month extension.
(J) Modification.
(1) Minor amendments. Minor amendment to an approved primary plat which does not involve an increase in the number of lots or intensity of land uses; the designation of additional land uses; the reduction in perimeter yards; changes to circulation; the addition of driveways or access points; or reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendments do not adversely impact the purpose or intent of the overall development. An example of a minor amendment could be the relocation of an easement. A minor amendment authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.
(2) Major amendments. If the Zoning Administrator or City Engineer determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in the number of lots, or intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new application for primary plat.
(K) Pre-construction meeting. The petitioner shall provide construction plans at least two weeks prior to the pre-construction meeting. The petitioner shall meet with the Zoning Administrator, Sanitary Department, utility providers and city engineering representatives in a meeting to address construction coordination and anything not addressed by the Plan Commission.
(L) Construction plan standards. Construction plans shall be prepared for all required improvements. Plans shall be drawn at a scale of no less than inch equals 50 feet, and map sheets shall be of the same size as the subdivision plat. The following shall be shown:
(1) Street elevations. Profiles showing existing and proposed elevations along centerlines of all streets. Where a proposed street intersects an existing street or streets, the elevation along the centerline of the existing street or streets within 100 feet of the intersection, shall be shown. Radii of all curves, lengths of tangents and central angles on all streets shall also be shown;
(2) Steep slopes. The Plan Commission or Plat Committee may require, where steep slopes exist, that cross-sections of all proposed streets shall be shown at not more than 100-foot sections at seven points as follows: on a line at right angles to the centerline of the street, and said elevation points shall be at the centerline of the street, at each gutter line of the street, each property line and points 25 feet inside each property line;
(3) Plans and profiles. Plans and profiles showing the locations and typical cross-section of street pavements including curbs and gutters, sidewalks, drainage easements, servitudes, rights-of- way, manholes and catch basins; the locations of street trees and street signs; the location, size and invert elevations of existing and proposed sanitary sewers and storm-water drains, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas or other underground utilities or structures;
(4) Facilities or utilities. Location, size, elevation and other appropriate description of any existing facilities or utilities, including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies, streams and other pertinent features such as swamps, railroads, buildings, features noted on the public development plan, at the point of connection to proposed facilities and utilities within the subdivision. The water elevation of adjoining lakes or streams at the date of the survey, and the approximate high- and low-water elevations of such lakes or streams. All elevations shall be referred to the U.S.G.S. datum plane. If the subdivision borders a lake, river or stream, the distances and bearings of a meander line established not less than 20 feet back from the ordinary high-water mark of such waterways;
(5) Topography. Topography at the same scale as the subdivision plat with a contour interval of one foot for areas up to a 5% grade and two feet for areas over 5% grade, referred to sea level datum. All datum provided shall be the latest applicable U.S.G.S. datum and should be so noted on the plat;
(6) Specifications and references. All specifications and references required by the city’s construction standards and specifications, including a site-grading plan for the entire subdivision;
(7) Surveyor/engineer contact information. Title, name, address and signature of professional engineer and/or surveyor, and date, including revision dates;
(8) Certification. Certification by the land surveyor and/or professional engineer who prepared the construction plans that all requirements of this chapter have been duly considered and said requirements have been fulfilled or so noted by a written notice of deviation as to the nature of the deviation along with a clear and rational explanation as to why said deviation should be granted and certification by a land surveyor and/or engineer that he or she will make periodic inspections of the construction of all improvements which will become a part of the public right-of-way and all improvements on easements that may be required by this chapter to make the subdivision functionally complete;
(9) Health Department approval. Written evidence of approval by the city’s Sanitary District or County Health Department or the State Board of Health of the proposed means of sewage disposal; and
(10) Flood hazard areas. All subdivision plats containing lands identified, in this chapter, as flood hazard areas shall have the elevation of the 100-year flood listed and shown thereon.
(M) Drainage sign-off. Prior to building streets, the drainage approval letter shall be obtained from the City Engineer.
(Ord. 10-2010, passed - -2010, § 9.14)