§ 152.036. MAJOR SUBDIVISIONS.

Major Subdivisions require primary approval by the Commission and secondary approval by the Administrator. Replats which require the extension of streets or utilities shall be considered under the terms of this section.

(A) A subdivider desiring primary approval shall submit the materials specified by § 152.062 to the Administrator in a manner specified by Department Rules.

(B) Complete applications, as determined by the Administrator, will be docketed for public hearing before the Commission. This hearing shall be no later than 30 days after a complete application is filed.

(C) At least 10 days before the hearing, notice of the hearing shall be published in accordance with I.C. 5-3-1 and also sent to the subdivider and interested parties as defined by Department rules.

(D) Copies of the subdivision plat shall be submitted to the Technical Review Committee members as defined by Department rules for comment prior to the hearing.

(E) The Commission or Technical Review Committee may visit the site any time during the review process.

(F) The public hearing, shall be conducted according to Department rules. The hearing may, at the discretion of the Commission, be continued to another date. Additional notice of a continued hearing is not required, but may be requested by the Commission.

(G) After public hearing, the Commission shall make a decision regarding the application. The Commission shall make findings of fact as to the compliance of the subdivision request with the terms of this chapter. The Commission may approve, approve with conditions, or deny the request. If the Commission disapproves the subdivision, it shall make written findings that set forth its reasons.

(H) If the Commission grants primary approval, the Administrator shall sign the primary approval certificate.

(1) Primary approval shall be valid for 1 year from the date of approval by the Commission unless an extension is granted by the Commission. The Commission may establish time limits of less than 1 year on any or all conditions of primary approval. The Commission may also allow the plat to be filed for secondary approval in phases. In this case, the Commission shall specify reasonable expiration dates for each phase. If secondary approval is not granted before the specified expiration or expirations for any phase, primary approval shall be null and void for any or all remaining phases of the primary plat which has not received secondary approval to that time. The Commission may reasonably extend the expiration date(s) upon request of the subdivider.

(2) Following primary approval but prior to submission for secondary approval, the subdivider, if he or she wishes to proceed with the subdivision, shall file with the Administrator detailed construction plans for approval. The construction plans must be filed prior to the start of any work and shall meet the standards of § 152.066. Construction plans may be submitted in phases to coincide with approved subdivision phases. The Administrator shall specify the number of sets of plans needed based upon Department rules.

(a) The Administrator shall immediately refer these plans to the appropriate Technical Review Committee members for comment. Once these review agencies indicate their approval of the construction plans or 14 working days have elapsed since their distribution without a written response, the Administrator shall stamp the plans approved and return 1 set to the subdivider. In no event shall secondary approval be given prior to approval of the construction plans.

(b) The installation of improvements shall be inspected by the appropriate agency as specified by § 152.038. The inspections are required in all instances regardless of whether the work is performed before or after secondary approval. Failure to request inspection of work performed after the date of this chapter and before secondary approval may be cause for denial of secondary approval.

(c) Major subdivision secondary approval procedure shall be as follows:

1. After all conditions of primary approval have been met and construction plans have been approved, the subdivider may request secondary approval for all of or 1 phase of the primary plat from the Administrator.

2. Requests for secondary approval shall be accompanied by all materials listed in § 152.065 and shall be filed in a manner specified by Department rules.

3. Prior to secondary approval all streets and other required improvements must be constructed or completed as required according to approved construction plans. The improvements shall not be considered complete until they are certified as complete by the certifying professional engineer or land surveyor. As an alternative, a performance guarantee may be filed with the secondary plat application in a manner specified by § 152.037.

(d) There is no minimum time limit between which primary and secondary approval may be granted provided all standards of this chapter are met.

(e) After the Administrator has determined that the plat complies with the conditions of approval of the Commission and the County Commissioners have accepted any public dedications, improvements and/or guarantees of performance, secondary approval shall be given by the Administrator, and the Commission seal shall be affixed to the plat.

(f) Secondary approval shall be valid for 1 year from the date of secondary approval. If the plat is not recorded before the expiration date, it will be null and void.

(g) Within 14 days after the plat is recorded, the subdivider shall file with the County Recorder a black line on white paper photographic reproduction of the plat which is no more than 18 feet by 12 inches in size for inclusion in the official record books.

(1993 Code, § 8-181) (Ord. 87, passed 4-18-1988)