20.90.150 Subdivision of land – Primary plat

20.90.150 Subdivision of land – Primary plat.

A. Purpose and Intent. A primary plat shall provide the Plan Commission with the opportunity to review the details of a subdivision of land to determine compliance with the provisions of the Unified Development Code. A primary plat shall also ensure the statutory requirements established in Indiana Code for the subdivision of land are met.

B. Project Applicability. A primary plat shall be prepared in conjunction with any proposal to subdivide or plat property within the jurisdictional area of the Plan Commission.

C. Applicable Districts. The subdivision of land shall occur only in the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 IS LB GC HC CP I1 I2

1. Delay of Parent Tract Splits. Any parent tract being split into twenty (20) lots or less is subject to a five (5) year suspension of further subdivision. Petitioners are encouraged to submit anticipated future lot splits each time a parent tract is split to avoid difficulty with this provision.

2. Replats. A replat shall consist of two (2) processes which may be combined together as one (1) vote. First, the plat, or a portion thereof, shall be vacated in accordance with IC 36-7-3-10 and 36-7-3-11. Then, the property shall be replatted using the primary plat process in this section followed by the final plat process in JCC 20.90.160, Subdivision of land – Final plat.

3. Exemptions. Condominiums regulated by IC 32-35 are exempt from this subdivision process outlined in the Unified Development Code.

1. Eligible Applicants. An application for primary plat shall be initiated by the owner of the land involved in the development or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner shall accompany the application.

2. Pre-application Meeting. Prior to submitting an application for primary plat, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, review regulatory ordinances and materials, review the procedures, and examine the proposed use and development of the site.

1. Application. An application for primary plat shall be made on forms provided by the Zoning Administrator.

2. Supporting Information. The following supporting information shall accompany a completed application for primary plat.

a. A list of names and mailing addresses of all known property owners within 300 feet of the boundary of the proposed site. The measurement shall include any property that is wholly or partially within the 300-foot boundary regardless if a road, river, railroad, or other physical barrier exists. This information may be obtained from the Jasper County Auditor’s office.

b. A site plan, drawn to scale, that includes the following items:

i. North arrow.

ii. Graphic scale.

iii. Address of overall property as assigned by the 911 coordinator.

iv. Proposed name of the subdivision.

v. Area map insert showing the general location of the site referenced to major streets.

vi. Legal description of the site.

vii. Boundary lines of the site including all dimensions of the site.

viii. Names, centerlines, and right-of-way widths of all streets and easements.

ix. Layout, number, dimension, area, building setback lines on all lots.

x. Location and dimensions of any existing structures.

xi. Location of all floodway, floodway fringe areas, and wetlands within the boundaries of the site.

xii. Areas reserved for park, recreation, conservation, wetland, common area, lake, trails, or other similar uses.

xiii. Proposed perimeter landscaping areas.

xiv. Proposed entryway feature signs.

xv. Stamp of a registered professional engineer or licensed surveyor.

xvi. Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator. This may include the supporting information listed in JCC 20.90.120(D)(2)(i), WHO District Requirements, for projects within the WHO District.

c. Statement of Development Build-Out. The applicant shall indicate, either on the required site plan or in writing, a statement of:

i. Generally, the order of development of the major infrastructure elements of the project.

ii. Generally, future section boundaries, if any.

iii. Generally, the order and content of each section.

iv. Generally, an estimate of the time frame for build-out of each section.

d. Landscape Plan. If perimeter landscaping is required, the applicant shall, either on the required site plan or on a separate landscape plan, show the proposed perimeter landscaping.

e. Restrictive Covenants. If applicable, the applicant shall provide a copy of the restrictive covenants.

i. Lot Establishment. Requirements within JCC 20.70.120 through 20.70.130 , lot establishment standards, may be waived to allow for more creative design, but accessibility shall not be compromised.

ii. Open Space. Requirements within JCC 20.70.150 OP-01 – Open space standards, may be reduced by as much as fifty percent (50%).

iii. Perimeter Landscaping. Requirements within JCC 20.70.170 PL-01 – Perimeter landscaping standards may be reduced as much as fifty percent (50%).

iv. Street Lighting. Requirements within JCC 20.70.210 through JCC 20.70.220, street lighting standards, may be waived.

3. Deadline. Six (6) hard copies of the application for primary plat; six (6) hard copies of all supporting information; and the application for primary plat and all supporting information in a PDF (portable document format) file; shall be submitted twenty (20) days prior to the public meeting at which it is first to be heard by the Plan Commission.

4. Fees. Applicable fees shall be paid at the time the application for primary plat is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. An application for primary plat, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first available Plan Commission agenda.

2. Internal Review. Upon assignment of a case number and hearing date, the technical advisory committee and other applicable agencies will be notified of the proposed subdivision of land and asked to review and comment. The Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the subdivision of land, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the subdivision of land and information from the technical advisory committee and/or other agencies that have reviewed the subdivision of land. A copy of such report shall be made available to the applicant and all remonstrators.

3. Public Notice. The following public notice standards apply to an application for primary plat. All costs associated with providing public notice shall be borne by the applicant.

a. The applicant shall notify all interested parties of the public hearing by regular U.S. Mail with delivery confirmation or shall prepare all letters with first class postage for the Zoning Administrator to drop in the mail a minimum of ten (10) days before the public hearing.

b. The applicant shall publish legal notice in a newspaper of general circulation one (1) time, at least ten (10) days before the date of the hearing or meeting.

c. The applicant shall be responsible for providing proof of published notice to the Plan Commission and including proof in the case file.

d. The applicant shall place a yard sign in the right-of-way in front of the subject property stating the words “Public Hearing,” “for Subdivision Approval,” shall state the date, time and location of the public hearing, and shall state “for more information call (219) 866-4908.” The sign shall be double sided, set perpendicular to the roadway, and shall be a minimum of sixteen inches tall by twenty-two inches wide (16" H X 22" W). The sign shall be in place at least ten (10) days prior to the public hearing, not including the day of the hearing. If the lot is a corner lot or through lot, a second sign shall be placed, one (1) per frontage.

4. Attendance. The applicant shall be present at the Plan Commission meeting to present and explain the application for primary plat and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may, by vote, result in the dismissal of the application for primary plat.

5. Public Hearing. A public hearing shall be held in accordance with the Plan Commission rules and procedures.

6. Review. At their regularly scheduled public meeting, the Plan Commission shall review:

a. The application for primary plat.

b. All supporting information including the site plan, site access and circulation plan, elevations, etc.

c. The testimony of the applicant.

d. Information presented in writing or verbally by the Zoning Administrator, the technical advisory committee, or other applicable department.

e. Input from the public during the public hearing.

f. Any applicable provisions of the Unified Development Code.

g. Any applicable requirements of Jasper County’s construction standards.

h. Any other information as may be required by the Plan Commission to evaluate the application.

a. The Plan Commission shall make findings of fact and take final action or continue the application for primary plat to a defined future meeting date.

b. Findings of Fact. The Plan Commission shall make the following findings of fact.

i. The subdivision of land is consistent with the Jasper County Comprehensive Plan.

ii. The subdivision of land satisfies the development requirements of Chapter 20.60 JCC, Subdivision Types.

iii. The subdivision of land satisfies the standards of Chapter 20.70 JCC, Design Standards.

iv. The subdivision of land satisfies any other applicable provisions of the Unified Development Code;

v. The subdivision of land satisfies the construction requirements of Jasper County’s construction standards.

i. If the Plan Commission finds all of the findings of fact in the affirmative, it shall approve or approve with commitments the application for primary plat. Approval of findings may be in the form of a general statement.

ii. If the Plan Commission does not find all of the findings of fact in the affirmative, it shall deny the application for primary plat. Disapproval of findings shall specify the reason for noncompliance.

d. Commitments. The Plan Commission may require the applicant to make a written commitment concerning the primary plat. Any written commitments shall be recorded in the office of the Jasper County Recorder within ninety (90) days of the Plan Commission’s final action.

e. The findings, final action, and any conditions shall be signed by the President of the Plan Commission.

f. The Zoning Administrator shall provide the applicant a copy of the decision.

G. Duration. An approved primary plat shall be valid for three (3) years from the date the Plan Commission granted approval.

1. Minor Amendments. Minor amendment to an approved primary plat which does not involve an increase in the number of lots or intensity of land uses; the designation of additional land uses; the reduction in perimeter yards; changes to circulation; the addition of driveways or access points; or reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendments do not adversely impact the purpose or intent of the overall development. An example of a minor amendment could be the relocation of an easement. A minor amendment authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.

2. Major Amendments. If the Zoning Administrator or County Engineer determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in the number of lots, or intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new application for primary plat. [Ord. 8-3-20A § 5; Ord. 3-7-16A § 1; Ord. 12-27-11 § 9.15.]