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Warrick County, IN Code of Ordinances
WARRICK COUNTY, INDIANA CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: PUBLIC SAFETY
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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PROCEDURES FOR SUBMISSION OF MAJOR SUBDIVISIONS
§ 154.010 PRE-APPLICATION CONFERENCE.
   (A)   The subdivider (or applicant), owner of record and registered land surveyor proposing to subdivide or plat land into a subdivision shall schedule a pre-application conference with the Subdivision Review Committee for technical review before submitting a written application for major subdivision plat approval. At this consultation a sketch plan of the proposed plat shall be submitted containing the following information:
      (1)   A proposed layout of the streets, lots, and other elements basic to the proposed use in relationship to site conditions.
      (2)   Location of parks, recreational and other public and semi-public sites existing and proposed within or near the area proposed to be platted.
      (3)   Proposed methods for handling sewage disposal, drainage, water supply and other utility services.
   (B)   The sketch plan may be a pencil drawing superimposed upon a print of a topographic survey of the area proposed to be platted or may be in any other graphic medium and form containing and accurately depicting the above information. The pre-application conference does not require formal application fee or filing of a plat with the Area Plan Commission.
   (C)   During the pre-application conference, the Subdivision Review Committee will identify any possible concerns relative to:
      (1)   Access to the subdivision for motor vehicles, emergency vehicles, bicycles, and pedestrians, including connections to the surrounding street network.
      (2)   Fulfilling requirements of the Thoroughfare Plan.
      (3)   Internal circulation.
      (4)   Extension or creation of sanitary sewers or provision of private sewage disposal systems.
      (5)   Extension or creation of water lines.
      (6)   Provision of stormwater sewers or drainage ditches, protection and use of legal drains, provision of stormwater retention/detention facilities.
   (D)   The Subdivision Review Committee may identify any other relative issues to the subdivision of the property and answer questions of the subdivider (or applicant) concerning the major subdivision process and plat content.
(BC Ord. 2006-05, passed 3-20-06)
§ 154.011 APPLICATION AND FEES.
   (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)
§ 154.012 NOTICE OF PUBLIC HEARING.
   The procedure for public notice, public hearing and Area Plan Commission action on the major subdivision application is as follows:
   (A)   Upon receipt of an application for primary approval, the Plan Commission staff shall review the application for technical conformity with the standards fixed in this chapter. Within 30 days after receipt of the application by the Area Plan Commission, the Executive Director shall announce a date for public hearing before the Commission by giving written notification to the applicant (or subdivided and by general publication of the date of said public hearing in a newspaper with circulation in the area of the proposed major subdivision. The date of said hearing shall not be scheduled later than 30 days after the announcement.
   (B)   At least 21 days prior to the date set for the public hearing, the applicant (or subdivider) shall give written notice to all abutting property owners. The applicant (or subdivider) shall give notice by certified mail with return receipts using a prescribed form furnished by the Area Plan Commission. An affidavit, which lists the abutting property owners and attests that notice has been duly given to said property owners, must be filed with the Area Plan Commission along with all return receipts prior to the date set for the hearing. Failure of the applicant (or subdivider) to comply with the above notification and affidavit requirements (both in time schedule and substance) shall result in cancellation of the public hearing, and there shall be imposed another filing fee equal to the original filing fee for rescheduling of the public hearing, cancellation of the original public hearing, and republication of the notice of the public hearing.
   (C)   Following the public hearing, the Area Plan Commission may approve or disapprove (with written findings that set forth its reasons for denying approval and provide the applicant a copy) the major subdivision application. If the application is approved and all requirements of this chapter are met, the President and Executive Director of the Area Plan Commission shall certify (approve) the major subdivision plat for recording.
(BC Ord. 2006-05, passed 3-20-06; Am. BC Ord. 2013- 06, passed 6-24-13; Am. BC Ord. 2019-18, passed 8-12-19)
§ 154.013 PREPARATION FOR PRIMARY APPROVAL.
   (A)   The plat shall be prepared by a registered land surveyor and duly signed and sealed in form, content and detail prescribed hereinafter.
   (B)   The plat shall be prepared to meet at least the minimum requirements as detailed under §§ 154.070 through 154.078 and §§ 154.090 through 154.102.
(BC Ord. 2006-05, passed 3-20-06)
§ 154.014 FORM OF SUBMISSION.
   The plat shall be clearly and legibly drawn at a scale of not more than 100 feet to one inch on a sheet or sheets 24 inches by 36 inches or multiples thereof, except that, when the drawing at that scale requires more than two sheets, the plat may be drawn at a scale of 200 feet to one inch. A read-only electronic version of the plat shall also be provided in a format specified by the Area Plan Commission staff.
(BC Ord. 2006-05, passed 3-20-06)
§ 154.015 VICINITY PLAN.
   (A)   The plat application for primary plat approval must include the following information.
   (B)   Vicinity plan. A vicinity plan drawn to a scale of not less than 1,000 feet to one inch showing the relationship of the plat to its general surroundings and showing and identifying the following details:
      (1)   Existing streets within 1,000 feet of the subdivision.
      (2)   Municipal boundaries within 1,000 feet of the tract.
(BC Ord. 2006-05, passed 3-20-06)
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