(A) Territorial jurisdiction. The jurisdiction of the Tell City Advisory Plan Commission in regard to this chapter shall include lands outside the city limits for which Tell City has statutory jurisdiction, or for which Perry County has relinquished control for the purposes of land use control.
(B) Enforcement authority. Tell City Advisory Plan Commission is the final authority for approval of plats, re-plats, subdivisions of lands, and standards of control for the development of lands within its jurisdiction in accordance with I.C. 36-7-3 et seq. and I.C. 36-7-4 et seq., pursuant to I.C. 36-7-4-701.
(C) Subdivision control - platting or replatting of land without development. No plat of a subdivision of lands, or replat of lands previously platted, which are located within the jurisdiction of the Tell City Plan Commission shall be recorded until it shall have been approved by the Tell City Advisory Plan Commission, and such approval shall have been entered in writing on the plat by the President, and attested by the Secretary of the Commission. Platting or replatting shall specifically include lands dedicated to public service and all other lands except those specifically excluded herein. No plat of land, or a subdivision of land, may be recorded until total compliance with I.C. 36-7-3 et seq. has been established. The approval for platting or re-platting of lands under division (B) above does not constitute approval for development of a subdivision under division (D)(1) following, or compliance with I.C. 36-7-4-700 et seq.
(D) Subdivision control - platting or replatting of land with development or development of land previously platted under I.C. 36-7-3 et seq. and this chapter or under any previous valid ordinance.
(1) No plat of a subdivision of lands, which are located within the jurisdiction of the Tell City Plan Commission, shall be recorded until it shall have been approved by the Tell City Plan Commission, and such approval shall have been entered in writing on the plat by the President and Secretary of the Commission. Platting or replatting shall specifically include lands dedicated to public service and all other lands except those specifically excluded herein. No plat of land, or a subdivision of land, may be recorded until complete compliance with I.C. 36-7-3 et seq., or I.C. 36-7-4-700 et seq. has been established.
(2) No replat of lands or development of lands, previously platted under I.C. 36-7-3 or which were platted and recorded, under laws in effect at the time, shall be recorded until it shall have been approved by the Tell City Plan Commission, and such approval shall have been entered in writing on the plat by the President and attested by the Secretary of the Commission. Platting or replatting shall specifically include lands dedicated to public service and all other lands except those specifically excluded herein. No plat of land, or a subdivision of land, may be recorded until total compliance with I.C. 36-7-3 et seq., and I.C. 36-74-700 et seq. has been established.
(3) No development of a subdivision of land shall occur until the Commission shall have determined that the petition for primary approval of the subdivision plat qualifies for approval under the provisions of this chapter and is in compliance with I.C. 36-7-3 et seq. and/or I.C. 36-7-4-700 et seq.
(4) (a) This chapter applies to any division of land(s) which has one or more of the following characteristics:
1. The division results in two or more contiguous lots or parcels each of which have an area of less than five acres;
2. The division requires dedication of lands for public uses such as roadways, alleys, public parks, lands set aside for construction of schools, walkway, or easements for utilities;
3. The division results in lots or parcels of five or more acres and which requires dedication of lands for public access for any reason.
(b) Provided however, for practical reasons certain exclusions apply, in accordance with § 150.070 contained herein.
(Ord. 970, passed 3-5-2007) Penalty, see § 150.999