(A) Submission requirements. The subdivider may file for primary approval of a primary plat. This submission shall:
(1) Be made on forms available at the Town Office signed by the owner and submitted with a fee payable to the town in accordance with the schedule of fees adopted by town ordinance;
(2) Include indication of all land which the applicant proposes to subdivide and all land immediately adjacent extending 300 feet therefrom, or of that directly opposite thereto, extending 300 feet from the street frontage of that opposite land, with the names of owners as shown in the Auditor’s office showing the boundaries of the subdivision superimposed thereon;
(3) Be presented to the staff no later than the first day of the month in which the primary plat is to be placed on the agenda of the Technical Advisory Committee; and
(4) Be accompanied by the following: 2 full-size (24 × 36) copies of the primary plat (to scale); 2 half-size (12 × 18) copies (to half-scale); and two (2) PDF copies of all drawings bound into one electronic file.
(B) TAC review. Upon submission, the Administrator shall distribute copies of the primary plat to the members of TAC, who shall review the plat at a meeting on or near the second Wednesday of the month. The applicant, or a representative, shall attend the TAC meeting. At that meeting, the applicant shall receive comments from TAC members concerning possible changes or alterations required in the primary plat.
(C) Plan Commission study session. Following attendance at the TAC meeting, the applicant shall attend a Plan Commission study session as scheduled by the Administrator. At that meeting, the applicant shall present sufficient copies of the primary plat, as revised following the TAC meeting, to the Commission. At that time, the applicant shall present the Administrator with any revised plans, in the numbers, sizes and format outlined in division (A)(4) above. The applicant shall briefly describe the proposal and receive comments from the Commission and the staff. Following attendance at the study session, the applicant may become eligible to request a public hearing, pursuant to division (D) below.
(D) Request for public hearing.
(1) At a public meeting of the Plan Commission, an applicant shall request that the Commission set a date for a public hearing to be held on the primary plat. At the meeting, the applicant shall give a brief overview of the proposal and confirm the following:
(a) All required documents and information have been filed with the town, all fees have been paid, and all provisions of town code § 150.26(G) have been satisfied;
(b) Sufficient copies of all required drawings and plans have been provided; and
(c) All revisions to the primary plat requested by the TAC and the Plan Commission have been made and filed.
(2) Upon finding that subdivisions (D)(1)(a), (b), and (c) above have been completed, the Plan Commission may grant the applicant a public hearing for primary plat approval.
(E) Public hearing notification. The Commission shall conduct a public hearing on the primary plat, and the hearing shall be in conformance with I.C. 5-3-1 and at the applicant’s expense. Prior to the public hearing, the applicant shall file proofs of publication that the notices of public hearing were published at least ten days prior to the public hearing. Interested parties, as determined by statute and the Plan Commission, shall be notified at least ten days in advance of the public hearing by certified mail. The applicant shall file proof of notice by certified mail with the Administrator prior to the public hearing.
(F) Approval of the primary plat. After the Commission has held a public hearing upon the primary plat, the staff report, Technical Advisory Committee recommendations, and testimony and exhibits submitted at the public hearing, the applicant shall be advised of any required changes and/or additions. The Commission shall, at a public meeting, grant primary approval, grant primary approval with conditions, or disapprove the primary plat. Not later than ten days after the Commission meeting, the Administrator shall notify the subdivider in writing of the Commission’s action on the primary plat, giving reasons for any disapproval. Primary approval by the Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur at the same meeting where the primary plat has been approved.
(G) Effective period of primary plat approval. Unless extended or phased according to ordinance, the approval of a primary plat shall be effective for a period of 12 months, at the end of which time secondary approval of the entire subdivision must have been obtained and certified by the designated officials. Any plats not receiving secondary approval within the time set forth herein shall be null and void, and the developer shall be required to resubmit a new application for primary approval subject to all the zoning restrictions and subdivision regulations and procedures in effect at the time of resubmission. Upon request of the applicant, the Commission, finding reasonable grounds, may extend the primary approval of a plat 12 months beyond the expiration date.
(Ord. 27, § 3.20.20, passed 4-16-1997; Am. Ord. 126, passed 3-15-2005; Am. Ord. 191, passed 6-15-2010)