Chapter 2 - Approval Process - Minor/Major Subdivisions

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 and secure approval of such proposed subdivision in accordance with the following procedure for a Minor Subdivision or a Major Subdivision.

SECTION 2.0 - DETERMINATION FOR PLAT APPROVAL

In determining whether to grant approval of a subdivision plat, the Plan Commission shall determine if the plat provides for: (1) establishment of minimum width, depth, and area of lots within the projected subdivision; (2) coordination of subdivision streets with existing and planned streets and highways; (3) coordination with and extension of facilities included in the comprehensive plan; (4) fair allocation of Areas for streets, parks, schools, public and semi-public buildings, homes, utilities, businesses, and industry; and (5) distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience, and the harmonious development of the City.

As a condition of approval of a plat, the Plan Commission may specify: (1) the manner in which streets shall be laid out, graded and improved; (2) a provision for water, sewage and other utility services; (3) a provision for schools; (4) a provision for essential municipal services; and (5) a provision for recreational facilities.

SECTION 2.1 - REVIEW PROCEDURE - MINOR SUBDIVISION

The Plan Commission shall review any subdivision of a parcel of land and determine if the plan is in conformity with the Comprehensive Plan, the minimum requirements of the Zoning Ordinance and other applicable codes.

Upon request, the Commission shall review a sketch plan or preliminary plat for a Minor Subdivision by placing it on the agenda of the next regularly scheduled Plan Commission meeting. Public notice is not required for the preliminary review of a Minor Subdivision.

The Commission shall, upon the filing of an application for approval of a final plat for a Minor Subdivision by placing it on the agenda of the next regularly scheduled Plan Commission meeting. Public notice is not required for the preliminary review of a Minor Subdivision.

The Commission shall, upon the filing of an application for approval of a final plat for a Minor Subdivision, review the plat along with accompanying exhibits. If it is determined that the requirements and standards have been met, the Commission shall docket a date for public hearing at the next Commission meeting, notify the applicant and give proper public notice as required by law.

The Commission shall approve the final plat for record only after it has determined that the plat meets the minimum requirements of this ordinance and all applicable ordinances of the City.

After the Commission has granted final approval of the plat for record, the officers shall affix their signatures to the original tracing and the divider shall record the plat with the Recorder of the Marshall County within six (6) months. If not recorded within this time, the approval shall be null and void.

The Subdivider shall file with the Plan Commission two (2) prints of the recorded plat, including any recorded restrictive covenants. One (1) reproducible print of the recorded plat shall be filed and retained in the office of the County Surveyor of Marshall County. Until such prints have been filed, no building permit shall be issued for any lot shown upon PPO said plat.

SECTION 2.2 - REVIEW PROCEDURE-PRELIMINARY PLAT-MAJOR SUBDIVISION

A subdivider shall submit to the Plan Commission a written application for preliminary plat approval for a major subdivision.

The Commission shall, upon receiving an application for preliminary plat approval for a major subdivision, review the plat along with the accompanying exhibits. If it is determined that the requirements and standards of this ordinance have been substantially met, the Commission shall docket a date for public hearing at the next Commission meeting, notify the applicant and give notice of public hearing as required by law. If the Commission determines that the preliminary plat does not meet the requirements, and standards have not been substantially met, the application for preliminary plat approval shall not be docketed for hearing, but immediately returned to the subdivider with the reasons noted.

Following the public hearing, the Commission may then approve the preliminary plat, approve it subject to conditions, or request additional information on specific technical matters, or disapprove it. The Commission may require such changes or revisions as are deemed necessary in the interest and needs of the community.

Approval of a preliminary plat for a major subdivision shall not constitute approval of a final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat, and act as a guide in the preparation of the final plat. Approval of the preliminary plat will terminate two years from the date of said approval unless further extended by the Commission upon written request of the subdivider.

Upon approval of the preliminary plat for a major subdivision, the Commission will indicate upon each copy that it has been approved. One copy shall be returned to the subdivider along with a written statement indicating the action taken by the Commission. If approved with conditions, a written copy of the conditions shall be attached to each copy of the approved plat and the plat shall be marked as having "conditional approval".

If disapproved, the Commission shall return to the subdivider one copy of the plat marked "Disapproved by the City Plan Commission" along with a written statement indicating the reason or reasons for its disapproval.

If the reason for disapproval is correctable, such changes may be made by the subdivider and the preliminary plat returned to the Plan Commission for reconsideration. Notice of public hearing shall be given prior to reconsideration of the preliminary plat.

SECTION 2.3 - REVIEW PROCEDURE - FINAL PLAT - MAJOR SUBDIVISION

The Commission shall, upon the filing of an application for a major subdivision final plat approval, review the final plat along with the accompanying data and determine whether or not the final plat meets all minimum requirements and standards of this ordinance and of all other applicable ordinances of the City.

The Commission shall then take one of the following actions on the final plat within thirty days after its submission or a mutually agreed upon extension:

  1. If the Commission determines that upon the satisfactory completion of one of more specified conditions, consistent with the requirements, standards, and specifications of this ordinance, said final plat would comply with the terms of this ordinance, the Commission may give conditional approval to said plat.

    Conditional approval of a final plat may include a construction agreement which is acceptable to the Commission and would permit the subdivider to proceed with the installation of improvements prior to recording. Written notice of such conditional approval shall constitute formal authorization to the subdivider to construct and install all or a part of the required improvements, subject to inspection and acceptance procedures required by this ordinance. The subdivider shall furnish sufficient evidence to the Commission of the satisfactory completion of such conditions before said plat will be deemed to have final approval for record.
  2. The Commission shall approve the final plat for record only after it has determined that the final plat meets the minimum requirements of this ordinance and all applicable ordinances in the City and that sufficient financial guarantees have been submitted in accordance with this ordinance.
  3. If for any reason the Commission disapproves the final plat, written notice of such action, together with reasons therefore shall be transmitted to the subdivider. Such action shall also be entered on the official records of the Commission; provided, however, that nothing contained therein shall prejudice the subdivider's ability to make reapplication for final plat approval according to the terms of this ordinance.

If approved with conditions, a written copy of the conditions shall be attached to each copy of the plat and the subdivider given a written statement indicating the action taken.

Upon unconditional approval of the final plat, the Commission shall give a written statement to the subdivider indicating the action taken by the Commission.

After the Commission has granted unconditional final approval of a major subdivision plat for record, the officers shall affix their signatures to the original tracing and the subdivider shall record the plat with the Recorder of Marshall County within twelve months. If not recorded within this time, the approval shall be null and void.

The subdivider shall pay the recording fee and file with the Plan Commission four (4) prints of the subdivision, including restrictive covenants, as recorded. One reproducible print of the final plat, as recorded, shall be filed and retained in the office of the County Surveyor of Marshall County. Until such recorded prints have been filed, no building permit shall be issued for any lot shown upon said plat.

Final approval of a plat for a major subdivision shall not be construed as an acceptance of the offer of dedication of any street improvement, utility improvement, or open space improvement, within such Areas shown upon the plat unless such acceptance is endorsed by the Board of Works upon the original tracing of the final plat.

SECTION 2.4 - FINANCIAL GUARANTEES

Financial guarantees shall be prerequisite to the Plan Commission action on the application for final plat approval. The Commission shall approve the final plat for record only after notice has been received from the Board of Works that there has been filed with and approved by said Board one of the following:

  1. A certification to the effect that the streets, sewers, water, monuments and other utilities and facilities required as a precedent to approval, have been installed in accordance with the specifications of this ordinance and have been accepted for maintenance; or
  2. A performance bond is posted with the Board of Works which shall:
    1. Run to the City of Plymouth, Indiana.
    2. Be in an amount equal to one hundred percent (100%) of the cost as estimated by the Board of Works, of all improvements and installations as required by this ordinance, excluding, however, the cost of any said required improvements and installations already constructed, installed and completed in compliance with the requirements of this ordinance, for which sufficient written proof of such construction, installations and completion has been furnished by the Board of Works. The Board may require the estimated cost to be prepared by a registered engineer and paid for by the subdivider.
    3. Be with surety satisfactory to the Board of Works of Plymouth, Indiana.
    4. Run until and terminate sixty (60) days after the filing with the Commission of the completion affidavit obtained from the Board of Works; or
  3. Cash bond or other negotiable securities acceptable and assigned to the City of Plymouth is posted with the Board of Works in lieu of the performance bond.
  4. Acceptance of said improvements is conditional and is based upon the posting of a maintenance bond with said Board of Works, the period of time to be determined by said Board of Works, but not less than one year, with the subdivider or some other person satisfactory to the Board as principal, which shall:
    1. Run to the City of Plymouth, Indiana.
    2. Be in an amount equal to twenty-five percent (25%) of the estimated cost of all improvements and installations as required by Chapter 5 of this ordinance. The estimated cost shall be prepared by a registered engineer, and the cost of preparing the estimate shall be paid by the subdivider.
    3. Be with surety or other negotiable security satisfactory to the Board of Works of Plymouth, Indiana
    4. Warrant the workmanship and all materials used in construction, installation and completion of said improvements and installations to be of good quality and to have been constructed and completed in a workmanlike manner in accordance with the standards, specifications and requirements of this ordinance and previously approved plans and specifications.
    5. Provide that for a period of not less than three years after said installations and improvements have been completed or are accepted for public maintenance by the Board of Works, the applicant will, at his own expense, make all repairs to said improvements and installation, or the foundations thereof, which may become necessary by reason of improper workmanship or materials, but not including damage to said improvements and installations resulting from forces or circumstances beyond the control of said applicant or occasioned by the inadequacy of the standards, specifications, or requirements of this ordinance.

Any funds received from the financial guarantees required by this ordinance shall be used only for the purposes of making the improvements, installations or repair for which said guarantees were provided, in accordance with the standards, specifications and requirements of this ordinance.

Upon the acceptance of said improvements and installations by the Board of Works of Plymouth, the applicant shall obtain a completion affidavit from said Board stating the required improvements and installations have been installed in compliance with the specifications of this ordinance and have been accepted for public maintenance by said Board, subject to the terms of the maintenance bond provided by the applicant. The completion affidavit shall be filed with the Plan Commission.