(A) General procedures for primary approval. Should the Administrator, upon examination of the sketch plan application, classify the proposed land division as a minor subdivision, the subdivider shall follow the procedures and be subject to the process outlined in Figure 3-3, and detailed in this section. In addition to a sketch plan, which is reviewed by the Administrator and checkpoint agencies for primary approval and by the Plan Commission, the applicant seeking approval of a minor subdivision shall submit for secondary approval a final subdivision plat which must be found in compliance with the sketch plan or otherwise approved by the Plan Commission in order to be signed and recorded.
(B) Official submission date and placement on the agenda. An application for sketch plan approval shall be submitted no less than 30 calendar days prior to a regularly scheduled public meeting of the Plan Commission at which the proposal is intended to be acted upon. The Administrator shall place such application on the agenda of the first regularly scheduled meeting of the Plan Commission to occur 30 days after the date the application is submitted.
(C) Sketch plan review process. Within 20 calendar days of the sub-divider’s sketch plan application submittal, the Administrator shall have studied the proposal, reviewed checkpoint reports received, and met with the subdivider to discuss pertinent aspects of the proposed subdivision and possible modifications and/or changes that may be suggested or required by this chapter. The Administrator shall request that a representative of each checkpoint agency that wishes to be involved in a sketch plan review be present to participate in a sketch plan review meeting. In taking into consideration the requirements of this chapter, particular attention shall be given to arrangement, the further development of adjoining lands as yet unsubdivided, and the requirements of the Thoroughfare Plan and Comprehensive Plan as adopted by the Plan Commission.
(D) Administrative review. Subsequent to placement on the agenda, and prior to the date of public hearing, the Administrator shall review the proposal and prepare a written report to the Plan Commission and applicant indicating a recommendation with regard to the subdivision being proposed.
(E) Public hearing notification and sign posting requirements. The Plan Commission shall hold a public hearing on the sketch plan and notice of such hearing shall be in local newspapers of general circulation as specified by Indiana Law at the applicant’s expense. At the time of the public hearing, the applicant shall submit an affidavit stating that the applicant has placed posters provided by the Administrator (advising interested parties of the hearing) at the locations designated by him on the proposed subdivision property at least ten days prior to the public hearing, and show proofs of publication that the notices of public hearing were published pursuant to law.. Interested parties shall be notified by the applicant of the date, time, place and purpose of the public hearing on the subdivision at least ten days in advance of the hearing by certified mail within the time frames specified by Indiana law. The applicant shall file with the Plan Commission at the time of the public hearing an affidavit so testifying, along with the certified mail receipts provided by the post office.
(F) Primary approval of the sketch plan. After the Plan Commission has, at a scheduled hearing, examined the sketch plan, Administrator’s report, check point recommendations, testimony and exhibits submitted, the Plan Commission shall, at a scheduled hearing, approve, conditionally approve or disapprove the sketch plan. One copy of the sketch plan shall be returned to the applicant with the date of approval, conditional approval, or disapproval and the reasons therefore accompanying the sketch plan within five days after the public hearing. Primary approval by the Plan Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until the minimum of 30 days has elapsed since the granting of primary approval.
(G) Effective period of primary approval. Unless extended, the primary approval of a minor subdivision sketch plan shall be effective for a period of two years after the date of primary approval, at the end of which time secondary approval of the subdivision must have been obtained and certified by the President and Secretary of the Plan Commission. Any plats not receiving secondary approval within the period of time set forth herein shall be null and void, and the developer shall be required to resubmit a new application for sketch plan review and certificate, subject to all the zoning restrictions and subdivision regulations in effect at the time of resubmission. Upon written application of the applicant, the Plan Commission may extend the primary approval of a minor subdivision sketch plan in increments of one year beyond an expiration date without further notice and public hearing. A maximum of two such approvals may be granted.
(H) Final subdivision plat procedure for secondary approval.
(1) Application requirements. Following approval or conditional approval of the sketch plan, the applicant, if he wishes to proceed with the subdivision, shall file with the Administrator an application for secondary approval of a subdivision plat. The application shall:
(a) Be submitted on forms available at the Town Offices;
(b) Include the entire subdivision or section thereof;
(c) Be accompanied by four copies of the final plat as described in this chapter;
(d) Totally comply with the ordinance and the terms and conditions of primary approval;
(e) Be accompanied by the performance bond, if required, in a form satisfactory to the Plan Commission Attorney and in an amount established by the Plan Commission that shall guarantee the completion of all required subdivision and off-site public improvements;
(f) Be accompanied by restrictive covenants in a form approved by the Plan Commission, where proposed by the subdivider or required by the Plan Commission.
(2) Determination of conformance (secondary approval).
(a) In order to be recorded, a final subdivision plat must be found to be in conformance with the approved sketch plan by the Plan Commission at a public hearing. If the final subdivision plat deviates from the sketch plan that received primary approval, the subdivision shall be resubmitted to the Plan Commission at a public meeting for a new primary approval.
(b) The subdivider shall request in writing Plan Commission review no less than 30 calendar days prior to the date of the public hearing at which he intends to have his final plat reviewed. The Plan Commission shall place the matter on its next regular hearing agenda. If approved, it shall be signed by the President and Secretary of the Plan Commission. If not approved, then the subdivider shall be informed as to the insufficiency of his submittal.
(3) Sectionalizing plats. Prior to granting secondary approval of a minor subdivision plat, the Plan Commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Plan Commission may require that the performance bond or other satisfactory financial guarantee be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing.
(I) Signing and recording a plat.
(1) (a) When the filing of a performance bond is required, the President and Secretary of the Plan Commission shall endorse secondary approval on the plat only after the bond has been approved, and all the conditions of primary approval have been satisfied.
(b) When installation of improvement is required the President and Secretary of the Plan Commission shall endorse secondary approval on the plat by signing the certificate only after all the conditions of the primary approval have been satisfied, all improvements satisfactorily completed and accepted for public maintenance (when required), “as built” construction plans submitted, (as required by§
157.090(B)(5)), and an approved maintenance bond has been provided, (as required by§
157.092(B)). There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the participating jurisdiction as shown by a certificate signed by the Cloverdale Town Council that the necessary improvements have been accomplished.
(2) Assurance to subdivider. If the subdivider elects to install all improvements before he applies for secondary approval and it is shown that the conditions of the ordinance have been met, and if the final plat completely conforms to the primary approval, the Plan Commission shall have no other recourse than to grant secondary approval.
(a) The President and Secretary of the Plan Commission shall sign the certificate granting secondary approval which shall be part of the tracing cloth or reproducible Mylar of the subdivision plat, plus two Mylar prints of the subdivision plats. The Mylar prints shall be returned to the applicant and his engineer or surveyor. The Plan Commission may require digital documents in a form compatible with a digital format utilized by the Putnam County Recorder or other countywide office in addition to or in lieu of Mylar prints.
(b) It shall be the responsibility of the subdivider in the presence of the Administrator or his designee to file the plat with the County Recorder within 30 days of the date of signature. Failure of the subdivider to file the plat as herein provided within 30 days shall constitute a violation of this chapter.
(Ord. 2011-07, passed - - )
