Four different circumstances exist under which approval of the minor subdivision plat is given:
(A) The Executive Director may certify the plat for recording if the minor subdivision application and plat are in order; and the certificates of access, sewage disposal, potable water and stormwater drainage have been signed by the appropriate authorities (at the time of the original filing or subsequent to the original filing when the Area Plan Commission staff circulates the plat for signatures), and all abutting property owners have signed the plat (stating no objection and waiver of the right to request a public hearing).
(B) The Executive Director may certify the plat for recording if the minor subdivision application, plat and affidavit of notice to abutting property owners (of their right to voice an objection to the Subdivision Review Committee and then appeal to the full Area Plan Commission) are in order; and the certificates of access, sewage disposal, potable water and stormwater drainage have been signed by the appropriate authorities (at the time of the original filing or subsequent to the original filing when the Area Plan Commission staff circulates the plat for signatures), and no abutting property owner requests (orally or in writing) an opportunity to voice objections to the Subdivision Review Committee within ten days of the mailing of the notifications to abutting property owners.
(C) If an opportunity to voice objections to the Subdivision Review Committee is requested by any abutting property owner within the specified time period, 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) or appeal to the full Area Plan Commission the minor subdivision application, following the review by the Subdivision Review Committee. If no appeal to the full Area Plan Commission is received within the specified time period from an objector after notification of the intent to approve the subdivision the application is approved, the Executive Director of the Area Plan Commission shall certify (approve) the minor subdivision plat for recording.
(D) If an appeal is made by the subdivider, an objector of standing or the Executive Director to the full Area Plan Commission within the specified time period, 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 minor subdivision application, following the Public Hearing. If the application is approved, the President and Executive Director of the Area Plan Commission shall certify (approve) the minor subdivision plat for recording.
(BC Ord. 2006-05, passed 3-20-06)