(A) A subdivider desiring approval of a plat for a major subdivision of any land lying within the jurisdiction of the Area Plan Commission, shall submit a written application for a certificate of approval and six copies of a plat of the subdivision in accordance with § 154.016, to the Area Plan Commission. A read-only electronic version of the plat shall also be provided in a format specified by the Area Plan Commission staff. The written application shall be on the form provided (in reproducible or electronic format) by the Area Plan Commission. The Area Plan Commission staff shall prepare the application form on the basis of the requirements of this chapter. The Area Plan Commission shall approve the application form.
(B) No land shall be subdivided for any non-agricultural purpose:
(1) Unless adequate access to the land over approved streets or thoroughfares exists or will be provided by the subdivider (applicant); or
(2) If such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography, or any other feature harmful to the health and safety of future residents and of the community as a whole.
(C) No land shall be subdivided for any non-agricultural purpose unless it is in conformance with the Zoning Ordinance, now or hereafter adopted.
(D) (1) At the time of filing an application for plat approval of the plan, the application shall be accompanied by an application fee as set by the Area Plan Commission pursuant to I.C. 36-7-4-411.
(2) The fees shall be made payable to the Area Plan Commission to cover the cost of advertising, checking and verifying the proposed plat. The Area Plan Commission shall surrender the application fee to the County Auditor. No application fee shall be refunded.
(E) Street construction plans shall be initially reviewed under the primary plat filing fee. During the 30 days preceding the public hearing before the Board of Commissioners for street construction plan approval, the subdivider shall make any revisions required by the County Highway Engineer to the plans and resubmit the revised plans at least one week prior to the public hearing. The Board of Commissioners in their approval of street plans shall not include the approval of layout of the right-of-way for proposed streets and roads within such subdivisions, as such approval shall be the exclusive province of the Area Plan Commission pursuant to its exclusive authority for primary plat approval under I.C. 36-7-4-405(2) and 36-7-4-701(b).
(BC Ord. 2006-05, passed 3-20-06)