(1)   This section is enacted for the purpose of adopting subdivision regulations for the town. The regulation of land subdivision has become widely recognized as a method of ensuring sound community growth and the safeguarding of the interests of the homeowner, the subdivider, and the local government. The citizens of the town need the assurance that subdivisions will provide permanent assets to their community or neighborhood. This section should be viewed, not as an end in itself, but as one tool or technique for the shaping of urban-oriented land use according to a comprehensive plan for the development of the town as a whole.

      (2)   The planning of a subdivision is the joint responsibility of the subdivider and the Plan Commission, the former having the prime responsibility for the creation of desirable, stable neighborhoods that become an integral part of the town. Subdivision design and utility can enhance or depreciate the character and potentialities of the surrounding areas and stabilize or endanger the individual’s investment in a home.

      (3)   The Advisory Plan Commission has the responsibility of helping the subdivider achieve a high standard of excellence in the planning of his or her subdivision, and of informing all subdividers of the minimum standards and requirements for subdivision development in the town.

      (1)   Better living conditions will be created within new subdivisions;

      (2)   Only those areas which can be economically serviced and maintained will develop;

      (3)   Land descriptions will be simplified and made less susceptible to more than one interpretation;

      (4)   Necessary streets, utilities, and public areas may be extended without expensive land purchases;

      (5)   Property values will be enhanced and secured in the subdivision and adjacent lands;

      (6)   Purchasers will be protected from unexpected assessments; and

      (7)   Future development in the town will improve the health, safety, welfare, and convenience of all its citizens.

      (1)   This subchapter applies to all development within the planning jurisdiction of the town.

      (2)   No site improvement or construction shall commence until all required plans and specifications have been reviewed and approved by the town or other governmental approving agency.

      (3)   No town services or utilities shall be extended or furnished to any development until the applicant has installed the improvements specified in this chapter or guaranteed their installation as provided for in this chapter.

(Ord. 2022-14, passed 9-7-2022)

   (A)   Subdivisions are permitted in all zoning districts.

   (B)   Subdivision plats, replats, amendments or corrections to a recorded plat cannot be recorded until approved in accordance with this chapter. Approval must be in writing on the plat by the Plan Commission.

   (C)   Plat approval may be withheld if a subdivision is not in conformity with this chapter and other laws, regulations, guidelines, and policies.

   (D)   Amendments or corrections to a recorded plat must be cited as an addendum to the approved plat.

   (E)   An improvement location permit must be obtained before any development of the site commences.

   (F)   An improvement location permit may be approved before the secondary plat is recorded. However, the secondary plat must be signed before the improvement location permit is approved.

   (G)   No building permit shall be approved until the secondary plat has been recorded.

   (H)   No building permit shall be approved for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of this subchapter.

   (I)   Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be resubdivided, the Plan Commission may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. As a requirement of the plat, dedications of rights-of-way shall be provided for the future opening and extension of such streets.

   (J)   Covenants.

      (1)   Wherever a subdivision with residential use includes common areas, such as but not limited to detention ponds, open space, private streets, private parks, and other community amenities, covenants shall be created to regulate these common areas to ensure their neat and safe condition.

      (2)   In the case of public health, safety, and welfare, covenants may be applied by the Plan Commission that are recorded with the plat and deed.

      (3)   Covenants can be placed on commercial and industrial developments.

      (4)   Homeowners’ Association. In cases of subdivisions with residential use that include common areas, covenants shall provide for creation of a Homeowner’s Association to maintain such common areas in a neat and safe condition.

   (K)   Covenant enforcement. Unless specifically agreed to, covenants are not enforceable by the Plan Commission or its designees, however, they are enforceable in civil court by interested or affected parties.

(Ord. 2022-14, passed 9-7-2022)

   The applicant shall follow application procedures for primary and secondary plats as provided in §§ 152.10 through 152.19.

(Ord. 2022-14, passed 9-7-2022)

   (A)   In determining whether an application for approval of a primary plat or a secondary plat of a subdivision shall be granted, the Plan Commission shall determine that the plat is in accordance with the principles and standards required in this chapter which shall be deemed as minimal; and whenever the applicable requirements of other ordinances adopted by the town are higher or more restrictive, those requirements shall control any application for plat approval.

   (B)   The applicant shall follow the site design and improvement standards as provided in §§ 152.70 through 152.89.

(Ord. 2022-14, passed 9-7-2022)

   (A)   It is the intention of this chapter that all newly created lots in town planning jurisdiction conform to the minimum subdivision control regulations in this chapter. Waivers shall not have the effect of nullifying the intent and purpose of these regulations, but rather provide for an opportunity for an alternative standard in the following situations:

      (1)   Strict adherence to the standards of this chapter causes extraordinary hardship or practical difficulty;

      (2)   The purpose and intent of these regulations may be served better by an alternative standard.

   (B)   The Plan Commission, in its discretion, may authorize a waiver to any provisions of this chapter and may impose conditions on waiver approval.

   (C)   The Plan Commission shall not approve waivers unless it shall make findings based upon the evidence presented to it in each specific case that:

      (1)   The granting of the waiver will not be detrimental to the public safety, health, or welfare, or injurious to other property.

      (2)   The conditions upon which the request for a waiver is based are unique to the property for which the waiver is sought and are not applicable generally to other property.

      (3)   The proposed development represents an innovative use of site design, site access design, site circulation design, building orientation, building materials, and landscaping which will enhance the use or value of area properties.

      (4)   The proposed development is consistent with the purpose and intent of the Comprehensive Plan.

      (5)   Where the waiver affects design and construction of public facilities, all appropriate public agencies will be given ample time to comment in writing to the Plan Commission.

   (D)   The Board of Zoning Appeals shall not grant waivers to the subdivisions regulations. Per Indiana statute, it is not within the jurisdiction of the Board of Zoning Appeals to hear and or grant waivers to subdivision regulations.

(Ord. 2022-14, passed 9-7-2022)

(Ord. 2022-14, passed 9-7-2022)