153.03 Subdivision Application Procedure and Approval Process
153.03 SUBDIVSION APPLICATION PROCEDURE AND APPROVAL PROCESS
(a) General procedure
(1) Subdivision approval required Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for approval of such proposed subdivision in accordance with the following procedure.
(2) Coordination of Development Unit Project application with subdivision approval
(A) It is the intent of this Ordinance that subdivision be carried out simultaneously with the review of Development Unit Project application under the Zoning Ordinance. The plans required for Development Unit Project applications shall be prepared and submitted to satisfy the requirements of the Subdivision Ordinance.
(B) General requirement
Whenever the Zoning Ordinance authorizes Development Unit Project applications which permit uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated, and the application entails a subdivision of the land, subdivision approval of the Development Unit Project application shall be required by the Plan Commission or Plat Committee in addition to all other procedures and approvals required in the Zoning Ordinance.
(C) Re-plats of Development Unit Projects
(i) A Development Unit Project may be subdivided or re-platted for purposes of sale after the project plan has been finally approved and development completed, or once any approved phase is completed, that phase may be subdivided for sale.
(ii) If the subdivision or re-plat of a Development Unit Project will create a new lot line, the applicant shall make application to the Plan Commission or Plat Committee for the approval of the subdivision or re-plat. The Plan Commission or Plat Committee shall approve the subdivision only if simultaneously an amended zoning application is approved for the development plan by the Common Council for all provisions governing use, density, and bulk standards.
(3) The Plan Commission Staff shall review all proposed subdivisions to determine whether the subdivision lies in a Flood Hazard Area as defined in this Subdivision Ordinance. If the Staff finds the subdivision to be so located, the Staff shall forward pertinent plans and materials to the Indiana Department of Natural Resources for review and comment. The Plan Commission or Plat Committee may require appropriate changes and modifications in order to minimize flood damages; all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damages; adequate drainage is provided so as to reduce exposure to flood hazards; and that on site waste disposal systems, if provided, will be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.
(b) Primary approval
(1) Discussion of requirements
Before preparing a plat for a subdivision, the applicant should discuss with the Plan Commission staff the procedure for adoption of a subdivision plat and the requirements as to the general layout of the plat, street improvements, drainage, sewage, fire protection, and similar matters, as well as the availability of existing services.
The Plan Commission staff should also advise the applicant, where appropriate, to discuss the proposed subdivision with those officials who must eventually approve the aspects of the subdivision plat coming within their jurisdiction.
(2) Application procedure and requirements
Prior to subdividing land, the owner of the land, or his representative, shall file written application for approval of the plat. The application shall:
(A) Be made on forms available in the office of the Department of City Planning.
(B) Be accompanied by a fee of one-hundred dollars ($100.00) to cover the cost of checking and verifying the proposed plat.
(C) Include all land which the applicant proposes to subdivide and all land immediately adjacent extending 100 feet therefrom, or that is directly opposite thereto, extending 100 feet from the street frontage of such opposite land, with the names and addresses of the owners as shown in the Wayne County Auditor’s Office.
(D) Be accompanied by a minimum of eight (8) copies of plat as described in this Ordinance.
(E) Be presented to the Executive Secretary of the Plan Commission at least four (4) weeks prior to a regular meeting of the Commission.
(3) Plan Commission staff review of application
Upon receipt of an application for primary approval, the Plan Commission Staff shall review the application for technical conformity with the standards established in this Subdivision Ordinance. The Plan Commission Staff shall transmit the application together with the plat for review by appropriate officials or agencies of the local or county government, schools and special districts, and other official bodies as they deem necessary, and as mandated by law. The Staff shall request that all officials and agencies to whom a request for review has been made, submit their report to the Staff at least five (5) days prior to the date of the public hearing. The Plan Commission staff shall consider all of the reports submitted by the officials and agencies and shall submit a report for the proposed action to the Plan Commission or Plat Committee.
(4) Public hearing
(A) Within thirty (30) days after receipt of the application, the staff shall announce the date for a hearing before the Plan Commission or Plat Committee. After the Plan Commission staff has announced a date for hearing before the Plan Commission or Plat Committee, the staff shall notify the applicant in writing of said hearing date. The Staff shall also give notice of the hearing by publication in accordance with I.C. 5-3-1 and shall provide for due notice to interested parties by First Class Mail, at least ten (10) days prior to the public hearing.
(B) During the public hearing, the Plan Commission or Plat Committee shall review the plat, the report of the Plan Commission Staff and recommendations and testimony from any City or Wayne County governmental agency having an interest in the proposed subdivision, testimony from interested parties, testimony from any other person or group, and any exhibits submitted at the public hearing, taking into consideration the requirements of the Subdivision Ordinance and the best use of the land being subdivided. Particular attention will be given to the arrangement, location and width of the streets, their relation to the topography of the land, sewage disposal, the future development of adjoining lands as yet un-subdivided and the requirements of the Public Development Plan.
(C) In determining whether an application or primary approval of a plat shall be granted, the Plan Commission or Plat Committee shall determine if the plat complies with the standards established in the Subdivision Ordinance in the following areas:
(i) Minimum width, depth and area of lots in the subdivision.
(ii) Public way width, grades, curves, and the coordination of subdivision public ways with current and planned public ways.
(iii) The extension of water, sewer and other municipal services; and,
(iv) Fair allocation of areas for streets, parks, schools, public and semipublic buildings, homes, utilities, business and industry.
(D) As a condition of primary approval of a plat, the Commission or Committee may specify:
(i) The manner in which public ways shall be laid out, graded and improved.
(ii) Provisions for water, sewage and other utility services.
(iii) Provisions for lot size, number and location.
(iv) Provisions for drainage design.
(v) Provisions for other services as specified in this Subdivision Ordinance.
(5) Action after hearing
(A) If after the hearing, the Plan Commission or Plat Committee determines that the application and plat comply with the standards in this Subdivision Ordinance, it shall make written findings and a decision granting primary approval to the plat. This decision shall be signed and certified by the President and Executive Secretary of the Plat Commission.
(B) If after the hearing the Plan Commission or Plat Committee disapproves the plat, it shall make written findings that set forth its reasons and a decision denying primary approval and shall provide the applicant with a copy. This decision shall be signed and certified by the President and Executive Secretary of the Plan Commission.
(C) When the Plat Committee grants primary approval or denies primary approval to a plat, a copy of this decision, along with the written findings, shall be mailed by First Class Mail to the applicant and all interested parties.
(6) Appeal of Plat Committee decision
(A) An applicant or other interested party may appeal to the Plan Commission the primary approval or disapproval of a plat, or the imposition of a condition on primary approval, by the Plat Committee. A notice of appeal shall be filed with the Commission within ten (10) days after a copy of the action of the Plat Committee is mailed to the interested party. Notice shall be given and a hearing held by the Commission in the same manner as in the case of the Plat Committee.
(B) The Commission has the same power as the Committee to approve, disapprove, or impose conditions on the approval of plats.
(7) Appeal of Plan Commission decision
The primary approval or disapproval of a plat by the Plan Commission or the imposition of a condition on primary approval is a final decision of the Plan Commission that may be reviewed by the Wayne County Circuit or Superior Courts. Said appeal shall be presented to the Court within thirty (30) days after the date of that decision by the Plan Commission.
(8) Effective period of primary approval
The primary approval of a plat shall be effective for a period of two (2) years, at the end of which time secondary approval on at least one phase of the subdivision must have been obtained from the Plan Commission or Plat Committee. Any plat not receiving secondary approval within the period of time set forth herein shall be null and void, and the developer shall be required to re-submit a new plat for primary approval, subject to the current zoning and subdivision ordinances.
(c) Secondary approval
(1) Granting secondary approval
The Plan Commission or Plat Committee may grant secondary approval to a plat after expiration of the time provided for appeal under 153.04(b)(6) and 153.04(b)(7). The provisions of this Ordinance covering notice or hearing do not apply to secondary approvals.
(2) Granting secondary approval with completion of public improvements
(A) The applicant may propose or the Plan Commission or Plat Committee may require that all public improvements be dedicated, installed and accepted prior to secondary approval being granted. The Commission or Committee may specify the time of completion of said public improvements. Upon this determination, the applicant shall submit for approval six (6) copies of construction plans, as described in this Ordinance, for all required public improvements.
(B) Secondary approval may be granted to a plat for a subdivision in which the public improvements and installments have been completed prior to secondary approval. The applicant shall submit to the Plan Commission or Plat Committee the following certifications:
(i) Certificate of approval by the City Attorney or County Attorney that the applicant has executed an irrevocable offer of dedication for land and public improvements to be dedicated to the governmental unit, free and clear of all encumbrances and liens.
(ii) Certificate of compliance by the City Engineer, Wayne County Highway Engineer, the Superintendent of the Richmond Sanitary District, when applicable, indicating that the applicant’s professional engineer and/or land surveyor has certified that he has made periodic inspections of the work, and to the best of his knowledge and belief, all improvements have been constructed in accordance with the approved plans and specifications and four (4) sets of certified as built drawings have been filed with each of the applicable government units.
(iii) Certificate of maintenance by the Richmond Board of Public Works and Safety or the Wayne County Board of Commissioners or the Richmond Board of Sanitary Commissioners indicating that the applicant has posted a three (3) year Maintenance Bond covering such public improvements.
(3) Granting secondary approval without completion of public improvements
Secondary approval may be granted to a plat for a subdivision in which the public improvements and installments have not been completed, if the applicant submits for approval six (6) copies of construction plans, as described in this Ordinance, for all required public improvements and provides a bond that:
(A) Is an amount determined by the Plan Commission or Plat Committee to be sufficient to complete the improvements and installments in compliance with this Ordinance.
(B) Provides surety satisfaction to the Plan Commission or Plat Committee.
(C) Runs to the governmental unit having jurisdiction over the public improvement and specifies the time determined by the Plan Commission or Plat Committee for the completion of the public improvements and installations.
(D) Is in legal form satisfactory to the City or CountyAttorney
Any money received from the bond shall be used only for making the improvements and installments, including all reasonable legal, engineering and land surveying costs, for which the bond was provided. This money may be used for these purposes without appropriation. The improvement or installation must conform to the standards provided for such improvements or installations by the governmental unit in which it is located, as well as this Subdivision Ordinance.
(4) Application procedures and requirements
Following the primary approval of the plat, the applicant, if he wishes to proceed with the subdivision, shall file a written application for secondary approval of all or part of the subdivision plat. The application shall:
(A) Be made on forms available in the office of the Department of City Planning.
(B) Include the entire subdivision, or section thereof, which derives access from an existing state, county or local government highway.
(C) Be accompanied by a minimum of six (6) copies of the subdivision plat as described in this Ordinance.
(D) Comply in all respects with the primary approval.
(E) When installation of public improvements is required or proposed prior to secondary approval, be accompanied by appropriate certification pursuant to 153.04(c)(2).
(F) When installation of public improvements is not required prior to secondary approval, be accompanied by construction plans and a performance bond pursuant to 153.04(c)(3).
(G) Be accompanied with written assurances from public utility companies that easements shown on the subdivision plat are satisfactorily located and of sufficient width for the installation of such public services.
(5) Sectionalizing major subdivision plats
Prior to granting secondary approval of a subdivision plat, the Plan Commission or Plat Committee may permit the plat to be divided into two or more sections and may impose restrictions upon the recording of such sections as it may deem necessary to assure the orderly development of the plat.
(6) Filing and recording of subdivision plat
(A) A plat of a subdivision may not be filed with the Wayne County Auditor, and the Wayne County Recorder may not record it, unless it has been granted secondary approval and signed and certified by the President and Executive Secretary of the Richmond City Plan Commission. The filing and recording of the plat is without legal effect unless approved by the Plan Commission or Plat Committee.
(B) Secondary approval shall be void unless the plat is properly recorded in the Office of the CountyRecorder within twelve (12) months after approval. This time limit may be extended by the Commission or Committee upon written application of the sub-divider.
(7) Vested rights
No vested right shall accrue to any plat by reason of primary or secondary approval until the actual signing of the plat by the President and Executive Secretary of the Plan Commission. All requirements, conditions, or regulations adopted by the Plan Commission or Plat Committee applicable to the subdivision or on all subdivisions generally shall be deemed a condition for any subdivision prior to the time of the signing of the subdivision plat by the President and Executive Secretary of the Plan Commission. Where the Plan Commission or Plat Committee has required the installation of public improvements prior to signing the subdivision plat, the Plan Commission or Plat Committee shall not unreasonably modify the conditions set forth in the secondary approval.
(8) Submission of reproduction mylar
Subsequent to secondary plat approval, the owner shall submit to the City Engineer one (1) copy of the original recorded subdivision plat on reproduction mylar. No Improvement Location Permit shall be issued prior to the submission of said reproduction mylar.
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