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(A) Unless waived by the Board of Commissioners, the subdivider shall:
(1) Complete all street construction, sidewalk construction, and drainage improvements in accordance with the approved subdivision street plans and drainage plans. Street construction and drainage improvements shall be constructed within two years of issuance of the subdivision plat release (unless an extension is granted by the Board of Commissioners). Sidewalks shall be constructed within five years of the issuance of the subdivision plat release (unless an extension if granted by the Board of Commissioners). In the event an extension has been granted, the amount of the irrevocable letter of credit shall not be reduced prior to its expiration date and the extension of the irrevocable letter of credit or a new irrevocable letter of credit shall be in force prior to the beginning of the extension period.
(2) Make application to the officer of the Area Plan Commission for the acceptance of the subdivision streets for maintenance by the Board of Commissioners by the time that two years has elapsed from the issuance of the subdivision plat release (unless an extension has been granted).
(B) The application for acceptance of maintenance shall be accompanied by a filing fee as set by the Area Plan Commission or the Board of Commissioners pursuant to I.C. 36-7-4-411:
(1) Four copies of the secondary plat; and
(2) Pursuant to § 154.021(B), a certificate from a licensed professional engineer attesting that all required non-street improvements have been installed in accordance with all applicable provisions of this chapter.
(C) Subsequent to receipt of the application for acceptance of maintenance, the County Engineer shall conduct a field inspection of the subdivision's street improvements and make a report of said inspection as well as previous inspections during construction (pursuant to § 154.021) to the Board of Commissioners. The report shall list all deficiencies, if any, shall need to be corrected as a condition for acceptance by the county of the roadways for maintenance. However, the Board of Commissioners may require an irrevocable letter of credit in the amount to cover possible repairs to any completed improvements, including roadway and drainage, if the improvements have not passed through a seasonal freeze-thaw cycle.
(D) If the findings of the County Engineer's report do not reveal any deficiencies, the Board of Commissions shall have no other course than to accept the subject roadways for maintenance.
(E) Whenever a subdivider receives a subdivision plat release he or she shall, in addition to all other requirements, maintain the streets as laid out and established on the subdivision plat in accordance with the minimum standards for subdivision street maintenance established by the Board of Commissions until such time as the streets are accepted for maintenance.
(F) Whenever a subdivider, his or her agents, employees or assigns, conveys lots in a subdivision, in which the streets have not been accepted for maintenance by the Board of Commissioners, he or she shall cause to be printed in bold print across the face of the deed of conveyance the following:
"STREET, ROAD AND OTHER MINIMUM IMPROVEMENTS IN THIS SUBDIVISION HAVE NOT BEEN MADE AND THE COUNTY WILL NOT ACCEPT THE SAME FOR MAINTENANCE UNTIL THE OWNERS OF THE VARIOUS LOTS HEREIN IMPROVE THE SAME UP TO SAID MINIMUM STANDARDS."
In like manner, the Executive Director of the Area Plan Commission shall cause the same language to be stamped or printed on the Secondary Plat regardless of whether or not lots are being conveyed in the subdivision.
(BC Ord. 2006-05, passed 3-20-06)
PROCEDURES FOR SUBMISSION OF MINOR SUBDIVISIONS
(A) A subdivider desiring approval of a plat for a minor subdivision of any land lying within the jurisdiction of the Area Plan Commission shall submit a plat of the subdivision in accordance with this subdivision to the Area Plan Commission.
(B) A minor subdivision plat may be filed for approval for any division of land creating not more than three new parcels (that is three new parcels excluding the residual of the original parcel) provided that:
(1) The original parcel was not previously subdivided in the past 12 months;
(2) All parcels have frontage on an existing street with an improved right-of-way maintained by the county or other participating jurisdiction;
(3) No extension of existing or creation of new streets, municipal facilities or public improvements is proposed;
(4) It does not adversely affect the remainder or the parcel or adjoining projects; and
(5) It does not conflict with any provision or portion of the Comprehensive Plan, the Thoroughfare Plan, Zoning Ordinance (both text and map), or this chapter.
(C) No land shall be subdivided 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.
(D) At the time of filing of an application for minor subdivision plat approval, the application shall be accompanied by an application fee as set by the Area Plan Commission pursuant to I.C. 36-7-4-411.
(BC Ord. 2006-05, passed 3-20-06)
Three different circumstances exist for public notice and opportunity to comment on the minor subdivision application:
(A) If the subdivider has obtained the signatures of all abutting property owners stating their approval (or no objection to Area Plan Commission approval of the plat) and such accompanies the minor subdivision plat at the time of application for approval by the Area Plan Commission, no further public notice nor a public hearing are necessary, and the Executive Director of the Area Plan Commission may certify (approve) the minor subdivision plat for recording.
(B) If the subdivider has not obtained the signatures of all abutting property owners stating their approval at the time of the application to the Area Plan Commission for approval of the plat, the applicant shall give notice of the right to voice objections to the Subdivision Review Committee and then the right to appeal to the full Area Plan Commission to all abutting property owners of record. Within seven days of filing of the application, the notice shall be sent by the applicant to abutting property owners of record by certified mail with return receipts using a prescribed form furnished by the Area Planning Commission. The notice of the right to voice objections to the Subdivision Review Committee and then the right to appeal to the full Area Plan Commission shall inform the abutting property owner that he or she has ten days from the post-marked date of the mailing of the notice to submit a written objection (the address of the Area Plan Commission being included in the notice) to the Area Plan Commission for an audience before the Subdivision Review Committee. Only abutting property owners of record shall make such an objection, and the objection shall be heard before the Subdivision Review Committee before the objector may appeal to the full 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 within ten days of the filing of the application. Two possible actions may occur:
(1) If the affidavit is in order and no oral nor written objection has been received by the Area Plan Commission on or before the close of the ten days of notification of the abutting property owners, the Executive Director of the Area Plan Commission may certify (approve) the minor subdivision plat for recording.
(2) If on the other hand, an oral or written objection is received by the Area Plan Commission on or before the close of the tenth day subsequent to the notification of the abutting property owners, the Executive Director of the Area Plan Commission shall announce, within 14 days of receipt of the application, the date that the objection will be reviewed by the Subdivision Review Committee by giving written notification to the applicant and the objector.
(3) Following the review before the Subdivision Review Committee, the Executive Director of the Area Plan Commission may approve, disapprove (with written findings that set forth its reasons for denying approval and provide the applicant a copy) the minor subdivision application, or request the full Area Plan Commission to review the matter. If the application is to be approved, the Executive Director shall inform all objectors by certified mail of their right to appeal to the full Area Plan Commission by oral or written request within ten days. Only those abutting property owners who have raised an original objection and requesting a review by Subdivision Review Committee can appeal to the full Area Plan Commission. If no oral or written appeal is received within ten days, the Executive Director of the Area Plan Commission shall certify (approve) the minor subdivision plat for recording.
(C) After the Subdivision Review Committee has met and the Executive Director has made a finding to deny the subdivision, the applicant may appeal to the full Area Plan Commission. After the Subdivision Review Committee has met and the Executive Director has informed all objectors of the intent to approve the subdivision, an original objector who is also an abutting property owner may appeal orally or in writing to the full Area Plan Commission within ten days of receiving notice of the intent to approve the subdivision. Finally, the Executive Director may request an appeal before the full Area Planning Commission. Under any of these three circumstances, the Area Planning Commission will hold a public hearing at the next scheduled Area Planning Commission and the Executive Director shall give written notice to the applicant and any objectors of the date of the public hearing.
(BC Ord. 2006-05, passed 3-20-06)
(A) A minor subdivision requires the submittal of a plat prepared by a licensed land surveyor and duly signed and sealed prior to submission attesting to the legal boundary descriptions and the monumenting of property corners of all lots (existing and created).
(B) The minor subdivision plat shall include the information cited in § 154.038. Prior to submission of the plat, the subdivider is encouraged to obtain the certifications of access, sewage disposal, potable water and stormwater drainage. The plat will be accepted for processing by the Area Plan Commission without these four certifications; and the Area Plan Commission staff will forward the plat to the appropriate agencies for these three certifications. Prior to submission of the plat, the subdivider is also encouraged to obtain the signatures of all abutting property owners stating their approval (or no objection to Area Plan Commission approval of the plat). The plat will be accepted for processing by the Area Plan Commission without abutting property owner signature. However, the subdivider shall (within seven days of the filing) send out notifications to abutting property owners of their right to voice objections to the Subdivision Review Committee and then to appeal to the full Area Plan Commission within ten days notify, and shall file an affidavit within ten days with the Area Plan Commission verifying the notification. If any abutting property owner requests the review of an objection by the Subdivision Review Committee, the review by the Subdivision Review Committee shall be scheduled; if not, the Executive Director may certify (approve) the plat for recording provided the plat and affidavit are in order. If any party appeals to the full Area Plan Commission after the review by the Subdivision Review Committee, a public hearing will be scheduled before the full Area Plan Commission; after the public hearing, the Area Plan Commission may approve or deny the subdivision stating the conditions for denial. If approved, the President and Executive Director of the Area Plan Commission may certify (approve) the plat for recording provided the plat and affidavit are in order.
(C) The minor subdivision plat shall be submitted on a reproducible piece of paper (with original signatures) drawn to a scale no larger than one inch equals 200 feet plus six copies and a read-only electronic version of the plat.
(BC Ord. 2006-05, passed 3-20-06)
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