Title 4: -SUBDIVISION CONTROLtc \l1 "Title 4: PLANNING COMMISSION-SUBDIVISION REGULATIONS
ARTICLE I GENERAL PROVISIONStc \l1 "ARTICLE I GENERAL PROVISIONS
4‑101 Titletc \l2 "4‑101 Title
These regulations shall hereafter be known and cited as the Subdivision Control Ordinance of the Town of New Whiteland, Indiana.
4‑102 Policytc \l2 "4‑102 Policy
It is hereby declared to be the policy of New Whiteland that in addition to the requirements established herein, all subdivision plats shall comply with all applicable federal, state and local statutes, ordinances, codes, rules and regulations including but not limited to:
1. The New Whiteland Zoning Ordinance, Building and Housing Codes, and all other applicable laws of the Town of New Whiteland.
2. The Comprehensive Plan and Official Map, including all streets, drainage systems, and parks shown on the Official Map or Comprehensive Plan as adopted.
3. The special requirements of these regulations and any rules of the State or County Health Departments and/or other appropriate state agencies.
4. The rules and regulations of the Indiana Department of Transportation if the subdivision or any lot contained therein abut a state highway or connecting street.
5. The rules and regulations of the Indiana Department of Environmental Management and the Indiana Department of Natural Resources.
Plat approval may be withheld if a subdivision is not in conformity with the above guides and requirements or with the policies and purposes of these regulations established in 4‑103 of this ordinance.
4‑103 Purposes of These Regulationstc \l2 "4‑103 Purposes of These Regulations
1. To protect and provide for the public health, safety, and general welfare of the Town.
2. To guide the future development and renewal of the Town according to the Comprehensive Plan and related policies.
3. To provide for the safety, comfort, and soundness of the developed environment and related open spaces.
4. To enhance and preserve the compatibility, character, economic stability and orderliness of development through reasonable design standards.
5. To guide public and private policy and action to provide adequate and efficient public and private facilities.
6. To promote the most esthetically pleasing and beneficial interrelationship between land uses and to conserve natural resources such as natural habitats, woodlands, open spaces and energy and natural growth sources both during and after development.
4‑104 Authority And Jurisdictiontc \l2 "4‑104 Authority And Jurisdiction
1. This ordinance has been enacted pursuant to Indiana Home Rule and relevant enabling legislation (Indiana Code, title ss 36‑1‑3‑4 and the ss 36‑7‑4‑700 series, as amended) and authorizes the New Whiteland Plan Commission to review and approve or disapprove plats for subdivisions throughout the Town. This authority extends to the development or resubdivision of undeveloped portions of already recorded plats.
2. No improvement location permit or certificate of occupancy shall be issued for any parcel or plat of land that was created by subdivision after the effective date of but not in conformity with the provisions of these Subdivision Regulations. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the regulations contained herein and in conformity with the Construction Standards adopted by the Town.
4‑105 Interpretation, Conflict, And Separabilitytc \l2 "4‑105 Interpretation, Conflict, And Separability
1. These regulations shall be considered, interpreted, and applied as the minimum requirements for the promotion of the public health, safety, and general welfare.
2. Conflict with Public and Private Provisions
a. Public Provisions
These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. If any provision of these regulations is in conflict with any other provision of these regulations or any other applicable statute, ordinance, rule, or regulation, the provision, statute, ordinance, rule or regulation which is most restrictive or imposes a higher standard shall control.
b. Private Provisions
These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction. However, where the provisions of these regulations are more restrictive or impose higher standards than any such easement, covenant, or private agreement or restriction, such provision shall control.
3. Separability
If any part or all of any provision of these regulations or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved and shall not affect or impair the validity of the remainder of that provision or these regulations or the application thereof. The Town hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application.
4‑106 Saving Provisiontc \l2 "4‑106 Saving Provision
These regulations shall not be construed as abating any action pending under, or by virtue of, prior existing Subdivision Regulations. Nor shall they be considered as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue. They shall not affect the liability of any person, firm, or corporation. They shall not waive any right of the municipality under any section or provision existing at the time of adoption of these regulations. Nor shall they vacate or annul any rights obtained by any person, firm, or corporation, by lawful action of the Town except as shall be expressly provided for in these regulations.
4‑107 Reservations And Appealstc \l2 "4‑107 Reservations And Appeals
Upon the adoption of these regulations according to law, the Subdivision Regulations of New Whiteland previously adopted shall be repealed.
4‑108 Amendmentstc \l2 "4‑108 Amendments
The Town, to provide for the public health, safety, and general welfare, on recommendation of the Commission, may from time to time amend these Subdivision Regulations. Public hearings on proposed amendments shall be held by the Commission and/or the Town in the manner prescribed by law.
4‑109 Conditionstc \l2 "4‑109 Conditions
Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the state to the Town. A developer has the duty of compliance with reasonable conditions imposed by the Commission. These conditions may include the design, dedication, improvement, and restrictive use of the land to conform to the physical and economical development of the Town as well as to the safety and general welfare of the future lot owners in the subdivision and of the Town at large.
4‑110 Resubdivision Of Landtc \l2 "4‑110 Resubdivision Of Land
1. Procedure for Resubdivision
Approval of the Commission, pursuant to the same procedures, rules, and regulations applicable to subdivisions, shall be required for any change of an approved or recorded subdivision plat, if such change affects: (1) any street layout shown on such plat, or (2) area reserved thereon for public use, or (3) any lot line, or (4) if it affects any plat or plan legally reached before the adoption of any regulations controlling subdivisions.
2. Procedure for Subdivision Where Future Subdivision Is Indicated
Whenever a subdivision plat includes one or more lots containing more than one acre of land and there are indications that such lots will eventually be subdivided into smaller building sites, the Commission may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.
4‑111 Vacation Of Platstc \l2 "4‑111 Vacation Of Plats
1. The owner of a recorded plat may vacate the entire plat, or part thereof, at any time before the sale of any lot therein by executing and recording a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated.
2. Such an instrument shall be approved by the Commission in like manner as plats of minor subdivisions. The Town may reject any such instrument that abridges or destroys any public rights in any of its public uses, improvements, streets, or alleys.
3. Such an instrument shall be executed, acknowledged or approved, and recorded, in like manner as a deed to land. Once being duly recorded or filed it shall operate to terminate the effect of the plat so vacated. Further, it shall terminate all public rights, public ways and public grounds, and all dedications shown or described in the plat or part of the plat.
4‑112 Variancestc \l2 "4‑112 Variances
1. General
Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, it may approve variances to these Subdivision Regulations so that substantial justice may be done and the public interest served. Provided, that such variances shall not have the effect of nullifying the intent and purpose of these regulations. The Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
a. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other nearby property;
b. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
c. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out;
d. The variance will not in any manner contravene the provisions of the Town’s Zoning Ordinance, Comprehensive Plan, or Official map as interpreted by the Commission.
2. Conditions
In approving variances, the Commission may require such conditions as will, in its judgment, serve the purposes of these regulations.
3. Procedures
A petition for any such variance shall be submitted in writing by the Applicant at the time when the primary plat is filed for consideration by the Commission. The petition shall state fully the specific grounds for the variance and all the facts relied upon by the Petitioner.
4‑113 Enforcement, Violation, And Penaltiestc \l2 "4‑113 Enforcement, Violation, And Penalties
1. General
a. It shall be the duty of the Administrator to enforce these regulations and to bring any violations to the attention of the Commission.
b. No parcel of land located in a proposed subdivision shall be transferred or sold before a plat of such subdivision has been approved by the Commission and recorded with the County Recorder.
c. The subdivision of any lot or any parcel of land, as defined in this ordinance, resulting in the creation of one or more new building sites shall not be permitted. All such described subdivisions shall be subject to all the appropriate requirements of this ordinance.
d. No Improvement Location Permit (Building Permit) required under the Uniform Building Code, the Zoning Ordinance or this ordinance, shall be issued on any property subject to this ordinance, until all relevant provisions of this ordinance have been met.
e. Subdivisions and other lands which are subject to this Subdivision Control Ordinance shall be developed in strict compliance with the Construction Standards.
2. Violations and Penalties
Any person who violates a provision of this ordinance or any regulations herein contained, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Twenty-Five Dollars ($25.00) and not more than Two Thousand Five Hundred Dollars ($2,500.00) for each day's violation.
3. Restraining Provisions
a. Any land within the Commission's jurisdiction subdivided in violation of the terms of this ordinance, after the effective date hereof, is hereby declared to be a common nuisance which may be restrained, enjoined or abated in any appropriate action or proceeding.
b. The Commission may institute an injunction suit requesting that any person be directed to remove a structure erected in violation of this ordinance, or to make the same comply with its terms. If the Commission is successful in its suit, the Respondent shall bear the costs of the action, including reasonable attorney’s fees.
c. The Commission may institute a suit for mandatory injunction requesting that any person be directed, where such individual or governmental unit has violated any provisions of this ordinance, to comply with the provisions of this ordinance.
4-114 EFFECTIVE DATEtc \l2 "4-114 ENACTMENT
This ordinance shall be in full force and effect from and after this 21 day of _July, 1998_______.
ARTICLE II ‑ DEFINITIONStc \l1 "ARTICLE II ‑ DEFINITIONS
4‑201 APPLICATION AND INTERPRETATIONtc \l2 "4‑201 APPLICATION AND INTERPRETATION
1. Certain numbers, abbreviations, terms, words, and phrases shall be used, interpreted and defined as set forth in this article for these regulations.
2. Whenever any words and phrases are not defined within this article but are defined in the State laws regulating the creation and function of various planning agencies, the State definition shall be deemed to apply.
3. Certain words and phrases used herein for these regulations, shall be interpreted as follows:
a. The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.
b. The masculine includes the feminine.
c. The present tense includes the past and future tense, and the singular number includes the plural.
d. The word "shall" is a mandatory requirement; the word "may" is a permissive requirement; and the word "should" is a preferred requirement.
e. The words "used" or "occupied" include the words "intended, arranged, or designed to be used or occupied."
4. All other words not defined in this article or elsewhere in the ordinance shall be defined according to any recent edition of a dictionary of the English language.
4‑202 Words And Phrases Definedtc \l2 "4‑202 Words And Phrases Defined
ACCESSORY BUILDING
A subordinate structure, the use of which is incidental to that of the dominant uses of the primary building or land.
ADMINISTRATOR
The officer appointed and authorized by the Plan Commission to administer and enforce these regulations.
ADVISORY PLAN COMMISSION
A plan commission established by and serving a single local government jurisdiction as defined by Indiana Code.
ALLEY
A permanent public service way providing a secondary means of access to lands otherwise abutting upon a street.
APPLICANT
The owner or owners, legal and equitable, of land within the territorial limits of New Whiteland, Indiana, who submit an application for plat approval under the provisions of this ordinance.
BLOCK
A tract of land bounded by streets, or a combination of streets, and public parks, cemeteries, railroad rights‑of‑way, waterways, or boundary lines of the Town.
BOND
Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form that is satisfactory to the Plan Commission. All bonds shall be approved by the Commission wherever a bond is required by these regulations.
BUFFER LANDSCAPING
Any trees, shrubs, walls, fences, berms, or related landscaping features required under this ordinance or the Zoning Ordinance on private lots and privately maintained for buffering lots from adjacent properties or public rights‑of‑way for increasing sound and/or visual privacy. (See Screening also)
BUILDING
Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
BUILDING INSPECTOR
For this ordinance, the Building Inspector shall be synonymous with the term Administrator.
BUILDING SETBACK LINE
The line, established by this ordinance, beyond which a building shall not extend unless varied according to the procedures in this ordinance. Also called a building line. Setback lines may be applicable to the front, side, and/or rear yard.
CENTRAL SEWERAGE SYSTEM
A community sewer system including collection and treatment facilities established by a developer to serve a new subdivision or an existing public sewer system.
CENTRAL WATER SYSTEM
A community water supply system including existing and new wells and/or surface water sources and intakes, treatment facilities, and distribution lines as may be established by the developer to serve a new subdivision.
CERTIFICATE
The signed and attested document that indicates that a subdivision has been granted secondary approval by the Commission.
CHECKPOINT AGENCY
A public agency or organization called upon by the Commission to provide expert council about a specific aspect of community development or required by law to give its assent before subdivision may take place.
COLLECTOR STREET
A street designed, planned and intended to carry vehicular traffic to and from thoroughfares, with partial control of access, in conformance with the Comprehensive Plan.
COMMISSION
The Plan Commission of New Whiteland, Indiana.
COMPREHENSIVE PLAN
The applicable Comprehensive Plan for New Whiteland, Indiana, or segment thereof, adopted by the Commission and indicating general locations recommended for public improvements.
CONSTRUCTION PLAN (S)
The maps and drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed as part of the subdivision as required by this ordinance.
CONSTRUCTION STANDARDS
The Construction Standards for Subdivisions and Development dated May, 1998 and adopted by the Town Council along with and as a part of this Subdivision Control Ordinance.
CONTROL OF ACCESS
The conditions where the right of owners or occupants of abutting land, or of other persons, to access, including its location with streets, are fully or partially controlled by public authority, including the Commission of New Whiteland, Indiana.
COVENANT
A private legal restriction on the use or development of land.
CUL‑DE‑SAC
A street open to vehicular traffic from a thoroughfare, collector street or local street permanently terminated by a vehicular turnaround for the safe and convenient reversal of traffic movement including public safety vehicles.
DEAD‑END STREET
A street or a portion of a street with only one (1) vehicular traffic outlet.
DESIGNATED OFFICIALS
Those officials of the Commission designated in the subdivision ordinance as required signatories for the execution of secondary approval.
DEVELOPER
The owner of land proposed to be subdivided or his representative.
DEVELOPMENT DENSITY
Number of dwelling units per gross acre.
DRAIN
Open ditch, tile or pipe or combination thereof for collection and disbursement of surface water.
DRIVES, PRIVATE
Vehicular streets and driveways that are wholly within private property except where they intersect with other streets within public rights‑of‑way.
EASEMENT
An authorization or grant by a property owner to a private party or to the public to use land for specific limited purposes. The title to the land shall remain in the name of the property owner, subject to the right of use designated in the easement.
EXEMPT DIVISION
A division of land not required to meet all provisions of the Ordinance. Exempt divisions must be one of the following types of divisions:
1. A division of land into two (2) or more tracts all of which are at least ten (10) acres in size;
2. A division of land for the sale or exchange of tracts to correct errors in an existing legal description, provided that no additional building sites other than for accessory buildings are created by the division;
3. A division of land pursuant to an allocation of land in the settlement of a decedent's estate or a court decree for the distribution of property;
4. A division of land for the acquisition of street right‑of‑way or easement;
5. A division of land for the sale or exchange of tracts between adjoining land owners, provided that no additional building sites other than for accessory buildings are created by the division; and
6. A division of land into cemetery plots.
Exempt divisions are subject only to the provisions of 4‑305 and 4‑605 of this ordinance, but shall be exempt from other provisions of this ordinance not specified or referred to in those sections.
EXPRESSWAY
A divided arterial street designed, planned and intended for through vehicular traffic, with full and/or partial control of access, in conformance with the Comprehensive Plan.
FINAL PLAT
The map, drawing, or plan of a subdivision described in this ordinance and any accompanying material submitted to the Commission for secondary approval, which, if approved and signed by the designated officials, may be submitted to the County Recorder for recording.
FLOOD HAZARD AREAS
Areas shown on the Floodway-Flood Boundary Maps as not adequately protected from flooding during a Regulatory Flood by means of dikes, levees, or reservoirs. (See also Floodway Boundary Maps).
FLOOD PLAIN
The area adjoining a river or stream that has been or may hereafter be covered by flood water during a Regulatory Flood.
FLOOD PROTECTION GRADE
The elevation of the lowest point around the perimeter of a building at which flood waters may enter the interior of the building.
FLOODWAY
See Regulatory Floodway.
FLOODWAY BOUNDARY MAPS
Maps of Flood Hazard Areas as provided by the Federal Insurance Administration or the State Natural Resources Commission.
FLOODWAY FRINGE
Those portions of the Flood Hazard Areas lying outside and adjacent to the Floodway, shown on the Floodway‑Flood Boundary Maps of the Federal Insurance Administration.
FOUNDATION
The supporting member of a wall or structure.
FRONTAGE
All the property on one side of a street between two intersecting streets, measured along the line of the street, or if the street is dead‑ended, then all the property abutting on one side between an intersecting street and the dead‑end of the street.
GOVERNING BODY
The body of the relevant local government having the power to adopt ordinances.
GRADE
The slope of a street, or other public way, specified in percentage (%) terms.
HIGH DENSITY
Those residential zoning districts in which the density is equal to or greater than one dwelling unit per 7,200 square feet.
IMPROVEMENTS
See Lot Improvements or Public Improvements.
IMPROVEMENT LOCATION PERMIT
A certificate issued by the Building Inspector permitting a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure or cause the same to be done.
INDIANA CODE
The certified statutes of the State of Indiana in their current form. (Usually abbreviated as VI.C. herein).
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
A septic tank, seepage tile for sewage disposal system, or any other approved sewage treatment device approved by the Johnson County Health Department.
INTERESTED PARTIES
Those parties who are the owners of properties adjoining or adjacent to the proposed subdivision as shown on the sketch plan.
JOINT OWNERSHIP
Joint owners shall be construed as the same owner for imposing Subdivision Regulations.
LAND DIVIDER
The owner of a parcel of land to be divided through as an exempt subdivision.
LANDSCAPING
See Buffer Landscaping, Screening and Shade Trees
LOCAL STREET
A street intended to provide access to other streets from individual properties and the right‑of‑way beneath and along it.
LOT
A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.
LOT, CORNER
A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees.
LOT IMPROVEMENT
Any building, structure, object, or improvement of any kind located on a lot.
LOW DENSITY
Those residential zoning districts in which the density is equal or less than one dwelling unit per 14,000 square feet.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements.
MARGINAL ACCESS STREET
A minor street, generally parallel and adjacent to a thoroughfare, providing access to land abutting upon said marginal access street.
MARKER
A stake, pipe, rod, nail, or any other object that is not intended to be a permanent point for record purposes.
MEDIUM DENSITY
Those residential zoning districts in which the density is between 7,200 and 14,000 square feet per dwelling unit.
MINOR SUBDIVISION
Any subdivision containing not more than three (3) lots fronting on an existing street that is an improved right‑of‑way maintained by New Whiteland which does not involve any new street, the extension of municipal facilities, or the creation of any public improvements and will not adversely affect the remainder of the parcel or adjoining property nor conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Ordinance, or this ordinance.
MODEL HOME
A dwelling unit used initially for display purposes that typifies the kind of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Commission, by permitting a portion of a major subdivision involving no more than two (2) lots to be created according to the procedures for minor subdivisions, as set out in these regulations.
MONUMENT
A physical structure that marks the location of a corner or other survey point.
NON‑RESIDENTIAL SUBDIVISION
A subdivision intended for non‑residential use, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations and the Zoning Ordinance.
OFF‑SITE
Not located within the area of the property to be subdivided.
OFFICIAL MAP
The map or maps established by New Whiteland, pursuant to law, showing the existing and proposed streets, highways, parks, drainage systems and set‑back lines identified, adopted and established by law, including any amendments or additions thereto.
ORDINANCE
Any legislative action of a local government that has the force of law, including any amendment or repeal of any ordinance.
OWNER
Any person, firm, corporation, partnership, limited liability company, having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PARCEL
A part or portion of land having a separate legal description formally set forth in a conveyance document.
PERIMETER STREET
Any existing street to which the parcel of land to be subdivided abuts on only one side.
PERSON
Any individual, corporation, partnership, company, limited liability company or other legal entity.
PLAN COMMISSION
The Town of New Whiteland's planning body as established according to Indiana law, often referred to herein simply as the Commission.
PLANNED UNIT DEVELOPMENT Planned unit development is a means of land regulation that permits large scale, unified land development in a configuration which may also include a mix of uses not otherwise permitted "as of right" under the New Whiteland Zoning Ordinance, but requiring under that ordinance a special review and approval process.
PLAT
A map indicating the subdivision or resubdivision of land recorded or intended to be recorded with the County Recorder.
PRELIMINARY PLAT
The preliminary drawing or drawings, described in these regulations, indicating the proposed manner and layout of the subdivision to be submitted to the Commission for approval.
PRIMARY APPROVAL
An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public hearing that the subdivision complies with the standards prescribed in the Ordinance (per I.C. § 36‑7‑4‑700 series: Subdivision Control).
PRIMARY THOROUGHFARE
An arterial street intended to move through‑traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the Town.
PRINCIPAL USE BUILDING
A building in which the principal use of the lot or parcel is conducted. (Standards recognized by the Indiana Administrative Building Council shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.)
PUBLIC AGENCY
An agency or governmental department acting under the aegis of and representing an elected or appointed council, commission, or other policy‑making or advisory body of federal, state or local government to which it is responsible.
PUBLIC IMPROVEMENT
Any drainage ditch, street, highway, parkway, sidewalk, pedestrian‑way, tree, lawn, off‑street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. (All such improvements shall be properly bonded.)
REGISTERED LAND SURVEYOR
A land surveyor properly licensed and registered to practice in the State of Indiana.
REGISTERED PROFESSIONAL ENGINEER
An engineer properly licensed and registered or permitted to practice in the State of Indiana.
REGULATORY FLOOD That flood having a peak discharge that can be equaled or exceeded on the average of once in a one hundred (100) year period, as calculated by a method and procedure that is acceptable to and approved by the State Natural Resources Commission. A flood having a probability of occurrence of one percent (1%) in any given year.
REGULATORY FLOOD ELEVATION
The maximum elevation reached by the Regulatory Flood at the relevant locations of a proposed subdivision under consideration.
REGULATORY FLOODWAY
The channel of a river or stream and those portions of the Flood Plains adjoining the channel that are reasonably required to efficiently carry and discharge the peak flow of the Regulatory Flood of any river or stream shown on the Floodway‑Flood Boundary Maps.
RESTRICTIVE COVENANTS
Limitations of various kinds on the use of lots within a subdivision which may be proposed by the Applicant or imposed by the Commission to serve the interest of public health, safety and welfare and which shall be recorded with the plat and shall run with the land.
RESUBDIVISION/RESTRICTIVE COVENANTS
A change in a map of an approved or recorded subdivision plat that affects any lot lines, street layout or area reserved for public use.
RIGHT‑OF‑WAY
A strip of land used or intended to be used as a street, pedestrian‑way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, other utility line, landscaping, or "right‑of‑way" for other public use. Rights‑of‑way shall not be included within the dimensions or areas of lots or parcels. Rights‑of‑way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping, or any other use involving maintenance by a public agency shall be dedicated to public use by the Applicant on whose plat such right‑of‑way is established.
SALE OR LEASE
Any immediate or future transfer of ownership, possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof.
SAME OWNERSHIP
Ownership by the same person, corporation, firm, entity, partnership, unincorporated association or other legal entity; or ownership by different corporations, firms, partnerships, entities, unincorporated associations, or other legal entity in which a stockholder, partner, or associate, or a member of his family owns an interest in each such corporation, firm, partnership, entity, or unincorporated association.
SCREENING
Where required by the Zoning Ordinance, a screen shall be installed along or within the lines of a plat as a protection for adjoining or nearby properties and shall conform with the requirements set out for the applicable zoning districts.
SECONDARY APPROVAL
The stage of application for formal Commission approval of a final plat of a subdivision the construction of which has been completed or substantially completed, which if approved and signed by the Designated Officials may be submitted to the County Recorder for recording.
SECONDARY THOROUGHFARE
An arterial street intended to collect and distribute traffic in a manner similar to a primary thoroughfare except that these streets serve minor traffic generating areas or are designed to carry traffic from collector streets to the system of primary arterials. Minor traffic generating areas include, but are not limited to community‑commercial areas, primary and secondary educational facilities, plants, hospitals, major recreational areas, churches, and offices.
SETBACK
A line parallel to and equidistant from the relevant lot line (front, back, side). No buildings or structures of any kind may be erected between the setback lines and corresponding lot lines except as may be specifically permitted by the New Whiteland Zoning Ordinance.
SKETCH PLAN
An informal informational drawing of a proposed plat, as described in this ordinance.
SOIL SURVEY, GENERAL
A survey done by a combination of visual inspection and utilization of existing information about the area that is sufficiently detailed to delineate soil areas of questionable suitability for on‑site sewage treatment and areas subject to flooding. The General Soils Map of the National Cooperative Soil Survey, may be used for preliminary or tentative approval purposes.
SOIL SURVEY, OPERATIONAL
A highly detailed analysis of soil characteristics (e.g., texture, structure, acidity or alkalinity, permeability, moisture capacity) and identification of kinds of soil as describe and named in the detailed soil maps of the National Cooperative Soil Survey.
STATE ACTS
Such legislative acts of the State of Indiana as they affect these regulations.
STATE PLANE COORDINATES SYSTEM
A system of plane coordinates, based on the Transverse Mercator Projection for the Western Zone of Indiana, established by the United States Coast and Geodetic Survey for the State of Indiana.
STREET RIGHT‑OF‑WAY WIDTH
The distance between property lines measured at right angles to the center line of the street.
STREETS, CLASSIFICATION
To provide for the development of the streets, highways, and rights‑of‑way in the governmental unit, and for their future improvement, reconstruction, realignment, and necessary widening. This includes provisions for curbs and sidewalks, each existing street, highway, and right‑of‑way, and those located on approved and recorded plats which have been designated on the Official Map of New Whiteland and classified therein. The classification of each street, highway, and right‑of‑way is based upon: its location in the respective zoning districts of the Town; its present and estimated future traffic volume; and its relative importance and function as specified in the Town's Comprehensive Plan and/or its Thoroughfare Plan component. The required improvements shall be measured as set forth for each street classification on the Official Map.
STRUCTURE
Anything constructed or erected and located on or in the ground and fixtures or apparatus attached thereto.
SUBDIVISION
The division of a parcel of land into two (2) or more parcels. (See also Exempt Divisions).
SUBDIVISION AGENT
Any person who represents, or acts for or on behalf of, an Applicant or developer, relating to the subdividing, selling, leasing, or developing, of any interest, lot, parcel, unit, site, or plat in a subdivision. EXCEPTION: An attorney‑at‑law whose representation of another person consists solely of rendering legal services.
TEMPORARY IMPROVEMENT
Improvements built and maintained by an Applicant during construction of the subdivision and intended to be replaced by permanent improvements before release of the performance bond. This shall also include turn‑around improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.
THOROUGHFARE PLAN
A segment of the Comprehensive Plan for New Whiteland, Indiana, adopted by the Commission of New Whiteland, Indiana. The Thoroughfare Plan sets forth the location, alignment, dimensions, identification and classification of expressways, primary thoroughfares, secondary thoroughfares and collector streets as a plan for the development, re‑development, improvement, and extension and revision thereof.
TOWN COUNCIL
The Town Council of New Whiteland, Indiana.
ZONING ORDINANCE
That Town ordinance setting forth the regulations controlling the use and development of land in the incorporated area of New Whiteland and areas of extended jurisdiction.
ARTICLE III APPLICATION AND APPROVAL PROCEDUREStc \l1 "ARTICLE III APPLICATION AND APPROVAL PROCEDURES
4‑301 GENERAL PROCEDUREStc \l2 "4‑301 GENERAL PROCEDURES
1. Classification of Land Divisions & Permits
All land to be divided shall be categorized into one of the three (3) main classes of land division indicated in this ordinance's definition of subdivision. These classes are:
a. major subdivision
b. minor subdivisions, and
c. exempt divisions
Before any permit shall be granted for a structure to be erected on land to be subdivided into a major or minor subdivision, the subdividing owner or his subdivision agent shall apply for and secure approval of the proposed subdivision in accordance with Section 302 and either Section 303 or Section 304 of this ordinance as appropriate. Before any permit shall be granted for a structure to be erected on a parcel of land to be created or altered by an exempt division, the land divider or his agent shall certify to the satisfaction of the Administrator that all requirements for exemption have been met. If the requirements as detailed in Section 305 of this ordinance are met then the land division may be granted exemption from all other requirements of this ordinance.
2. Discussion of Requirements: Pre‑design Conference
Before submitting any of the materials required by this ordinance, the Applicant or Applicant’s representative should discuss with the Administrator the nature of the land division being proposed and request instruction concerning the classification of the proposed subdivision and what regulatory procedures apply to it and must be followed under this ordinance for primary and secondary approval. Where applicable, requirements concerning the general layout of streets and for reservations of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services should be discussed. The Administrator shall also encourage the Applicant, where appropriate, to discuss the proposed land division with those other officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction. The designation of major and minor subdivisions, as defined in this ordinance, shall be made by the Administrator when the Applicant submits an application for sketch plan approval. The Applicant shall, in the case of exempt divisions, provide the Administrator at a pre‑design conference with adequate information to enable him to determine whether the proposed division is an exempt division.
4‑302 APPLICATION PROCEDURE FOR MAJOR AND MINOR SUBDIVISIONStc \l2 "4‑302 APPLICATION PROCEDURE FOR MAJOR AND MINOR SUBDIVISIONS
1. Application Requirements
To begin the subdivision process, the Applicant shall file with the Administrator a sketch plan in the form as prescribed by §4-601 of this Ordinance, an application for review of sketch plan, and all applicable fees. The application shall:
a. Be submitted on forms approved and prepared by the Commission and signed by the owner.
b. Identify all contiguous property of the owner with an indication of the portion that is proposed to be subdivided, accompanied by an affidavit of ownership, which shall include the dates each separate parcel of land was acquired, together with the book and page of each conveyance to the present owner as recorded in the County Recorder's office. (The affidavit shall identify the legal owner of the property, the contract owner of the property, optionee of the property, and the date on which the contract of sale was executed. If any corporations are involved, the Administrator may request a complete list of all directors, officers, and a listing of stockholders if less than ten (10) in number.)
c. Be presented to the Administrator in duplicate.
d. Be accompanied by a minimum of three (3) copies of the sketch plan.
e. Be accompanied by a fee as set by the Commission from time to time, pursuant to VI.C. 36‑7‑4‑704 as amended.
f. Include an address and telephone number of an agent located within the territory of the Commission who shall be authorized to receive all notices required by this ordinance.
g. Include a listing signed by each Checkpoint Agency indicating that each has received a copy of the proposed sketch plan or a certification that it has been sent as required by § 4-302(2).
2. Checkpoint Submission
A copy of the sketch plan shall be submitted to each of the Checkpoint Agencies which have jurisdiction or authority over any area covered by the proposed subdivision, as listed below. The sketch plan and application will not be deemed to be submitted until all of the Checkpoint Agencies are in receipt of the sketch plan (the "Submission Date").
FIGURE 302 - CHECKPOINT AGENCIES
New Whiteland
Town Council
Town Marshall
Public Works
Fire Department
Park Department
Zoning Administrator
Planning Consultant
Johnson County
County Health Department
Soil & Water Conservation District
Clark-Pleasant Schools
State of Indiana
Indiana Department of Natural Resources
Indiana Department of Transportation
Indiana Board of Health
Indiana Department of Environmental Mgmt.
3. Checkpoint Agency Review
The Administrator shall request that all Checkpoint Agencies and officials to whom a request for review is made submit to the Administrator a written report within fifteen (15) days of their receipt of the sketch plan. No response from an official or Checkpoint Agency shall be interpreted as meaning “no objection” to the sketch plan.
4. Administrator’s Review
Within thirty (30) calendar days of the Submission Date, the Administrator shall (I) study the proposal, (ii) review any Checkpoint Agency reports received, (iii) meet with the Applicant and representatives of each Checkpoint Agency wishing to attend the meeting to discuss pertinent aspects of the proposed Subdivision and possible modifications and/or changes that may be appropriately required under this Ordinance, and (iv) classify the proposed Subdivision as either a Major or Minor Subdivision as defined in this Ordinance.
5. Consultants’ Fees
Applicants shall pay all fees of outside consultants deemed necessary by the Town for review of Applicants’ plans.
4‑303 MAJOR SUBDIVISIONStc \l2 "4‑303 MAJOR SUBDIVISIONS
1. General Procedures.
If the Administrator, during sketch plan review, classifies the proposed land division as a Major Subdivision, the Applicant shall follow the procedures and be subject to the processes outlined and detailed in this section.
2. Official Submission Dates
The application and sketch plan shall be submitted at least sixty‑one (61) calendar days before the date of the public meeting at which the Applicant intends to present the preliminary plat and at least thirty‑one (31) calendar days before submission of the preliminary plat. Thus, at a minimum, sketch plan submission shall precede preliminary plat submission by no less than thirty‑one (31) calendar days, which in turn shall precede the public meeting at which it is intended to be heard by no less than thirty (30) calendar days.
3. Preliminary Plat Procedures for Primary Approval
a. Submission Requirements
Following the submission, review and report on the sketch plan application, the Applicant may file a preliminary plat in the form prescribed by §4-602 of this Ordinance for primary approval. The submission shall:
(i) Be made on forms approved and provided by the Commission and be submitted with a fee of five dollars ($5.00) per lot for each lot.
(ii) Show all land that the Applicant proposes to subdivide and adjacent land within one hundred (100) feet. The application shall include the names and addresses of the owners of adjoining land as shown in the Johnson County Auditor's files. This information may be shown on a separate Plat Map reproduction from the Auditor's Office.
(iii) Be presented in duplicate to the Administrator no later than thirty (30) calendar days before the regular meeting of the commission at which it is requested to be heard.
(iv) Be accompanied by ten (10) copies of the preliminary plat as described in this ordinance.
(v) Generally comply with the sketch plan as reviewed.
b. Placement on the Commission Agenda
Subsequent to the submission of the primary plat for primary approval and subject to the filing deadlines required by this ordinance, the public hearing for primary approval shall be on the agenda of the next regular meeting of the Commission which is at least thirty (30) days after the date of submission of the preliminary plat.
c. Administrative Review
Subsequent to placement on the agenda, and before the date of public hearing, the Administrator and other individuals serving the Commission in an advisory capacity shall review the proposal. They will then prepare a written report to the Commission and Applicant indicating a recommendation concerning the subdivision being proposed.
d. Public Hearing Notification
The Commission shall hold a public hearing on the preliminary plat. Notice of such hearing shall be published by the Applicant and at Applicant’s expense in one (1) local newspaper of general circulation at least ten (10) days prior to the hearing (per I.C. § 5‑3‑1). Prior to the public hearing, the Applicant shall submit proof of publication that the notices of public hearing were published at least ten (10) days prior to the public hearing. All Interested Parties, as defined in §4-202 of this Ordinance, shall be notified by the Applicant of the date, time, place and purpose of the public hearing on the subdivision at least ten (10) days in advance of the hearing, by certified mail. The Applicant shall file with the Commission prior to the public hearing an affidavit in a form acceptable to the Commission certifying that all Interested Parties were properly notified.
e. Primary Approval of the Preliminary Plat
At the public hearing, the Commission will receive and consider the Administrator's report, the Checkpoint Agencies’ recommendations, and testimony and exhibits submitted at the public hearing. After the hearing on the preliminary plat, the Applicant shall be advised of any required changes and/or additions. The Commission shall approve, conditionally approve, or disapprove the preliminary plat. One (1) copy of the preliminary plat shall be returned to the Applicant with the date of approval, conditional approval, or disapproval and the reasons therefore within five (5) days of the public hearing. Primary approval by the Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until a minimum of thirty (30) days after the granting of primary approval.
f. Field Trip
The Commission, at its discretion, upon hearing the request for primary approval, may elect to continue the matter until it's next regularly scheduled public meeting, and may schedule a field trip to the site of the proposed subdivision, accompanied by the Applicant or his representative.
g. Effective Period of Primary Approval
Unless extended, the primary approval of a preliminary plat shall be effective for two (2) years at the end of which time secondary approval of the subdivision must have been obtained and certified by the Designated Officials. Any plats not receiving secondary approval within two (2) years shall be null and void. The Applicant shall be required to resubmit a new application for sketch plan review and certificate subject to all the zoning restrictions and Subdivision Regulations in effect at the time of re‑submission. Upon request of the Applicant the Commission may extend the term primary approval of a preliminary plat in increments beyond two (2) years without further notice and public hearing.
4. Approval of Construction Plans
a. Submission Procedure and Requirements
Following primary approval and before submission of the final plat for secondary approval, the Applicant, shall file with the Administrator three (3) sets of the detailed construction plans in the form prescribed in §4-603 of this Ordinance. This must be done before starting work on any improvements.
b. Review Process
The Administrator shall immediately refer construction plans to the appropriate agencies for review. Upon these agencies notifying the Administrator of their approval of the construction plans or failing to notify the Administrator within fourteen (14) working days of their receipt of the plans, the Administrator shall mark the plans approved and return one (1) set to the Applicant. In no event shall secondary approval (of the final plat) be given before approval of the construction plans.
c. Installation of Improvements
The installation of improvements shall be inspected by the Town's appropriate representatives. Such 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 before secondary approval may be cause for denial of secondary approval. See Article V of this Ordinance.
5. Final Plat Procedure (Secondary Approval)
a. Submission Requirements
Following primary approval of the preliminary plat and construction plans, the Applicant shall file with the Administrator a request for secondary approval of a final plat in the form prescribed by §4-604 of this Ordinance. The application shall:
(i) Be submitted on forms approved and provided by the Commission.
(ii) Include the entire subdivision, or section thereof which derives access from an existing state, county, or municipal roadway.
(iii) Be accompanied by five (5) copies of the final plat as described in this ordinance.
(iv) Totally comply with the ordinance and the terms and conditions of primary approval.
(v) Be accompanied by a performance bond, if required, in a form satisfactory to the Commission’s attorney and in an amount equal to one hundred ten percent (110%) of the estimated cost of the public improvements. The bond amount shall be certified by a qualified professional engineer and shall guarantee the completion of all required subdivision and off‑site public improvements. See Article V of this Ordinance.
(vi) Be accompanied by any restrictive covenants in a form approved by the Commission, that have been proposed by the Applicant or required by the Commission.
b. Determination of Conformance (Secondary Approval)
To secure secondary approval, a final plat must conform with the preliminary plat approved by the Commission. If the final plat deviates from the approved preliminary plat, then the plat shall be submitted to the Commission at a public hearing for a new primary approval. The Commission may delegate authority to grant secondary approval to the Administrator.
(i) If the Administrator is delegated authority to grant secondary approval, then he shall review the items submitted according to 4‑303 (5)(a) within ten (10) working days and shall determine conformance with all conditions and requirements imposed as part of the primary approval. If the plat is found to be in conformance and complete, then the Administrator shall recommend the signing of the certificate granting secondary approval.
(ii) If the Commission reviews a plat for secondary approval, the Applicant shall request Commission review in writing no less than thirty (30) calendar days prior to the date of the public meeting at which the final plat is to be reviewed. The matter shall be placed on the agenda of the next regular meeting of the Commission at least thirty (30) days after final plat submission. The Administrator shall review the proposal and submit a written report and recommendations to the Commission and the Applicant. The Commission shall approve or disapprove the final plat. If granted secondary approval, the plat shall be signed by the Designated Officials. If the plat is not granted secondary approval, then the Applicant shall be informed as to the insufficiency of his submittal.
c. Sectionalizing Plats
Before granting secondary approval of a major subdivision plat, the Commission may permit the plat to be divided into two (2) or more sections. However, it may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the Subdivision. The Commission may require that a performance bond be provided in an amount commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing. Such sections must contain at least twenty (20) lots or ten percent (10%) of the total number of lots contained in the approved plat, whichever is less. The approval of all remaining sections not filed with the Administrator shall automatically expire after five (5) years from the date of primary approval of the preliminary plat, unless the expiration date is extended.
6. Signing and Recording a Plat
a. Signing of Plat
(i) When a performance bond is required, the Designated Officials of the Commission shall endorse secondary approval of the plat by signing the certificate of approval after the bond has been approved, and all the conditions of the primary approval have been satisfied. The certificate of approval shall be part of the tracing cloth or reproducible mylar of the subdivision plat. The Applicant shall provide the Administrator a mylar print of the approved and fully executed and recorded plat.
(ii) When, at the discretion of the Commission, installation of improvements is permitted in place of performance bonds, the Designated Officials of the Commission shall endorse secondary approval of the plat by signing the certificate. Such signing shall only occur after all conditions of the primary approval have been satisfied and all improvements satisfactorily completed. The developer shall provide certified as-built drawings of the completed public improvements and other such written evidence as necessary to verify that the required public facilities have been installed in a manner satisfactory to the Town.
b. Assurance to Applicant
If the Applicant is permitted to install improvements before the secondary approval and it is shown that all such improvements have been installed in strict conformance with the final plat, then the Commission shall have no other recourse than to grant secondary approval.
c. Recording A Plat
It shall be the responsibility of the Applicant in the presence of the Administrator or his designee to file the plat with the Johnson County Recorder within thirty (30) days of the date of signature.
4‑304 MINOR SUBDIVISIONStc \l2 "4‑304 MINOR SUBDIVISIONS
1. General Procedures
If the Administrator, during sketch plan review, classifies the proposed subdivision as a Minor Subdivision, the Applicant shall follow the procedures and be subject to the process as outlined and detailed in this section.
2. Official Submission Date and Placement on the Agenda
An application for sketch plan approval for a Minor Subdivision shall be placed on the agenda of the first regularly scheduled meeting of the Commission to occur thirty (30) days after the date the application is submitted.
3. Administrative Review
Subsequent to placement on the Commission’s agenda and before the date of the public hearing, the Administrator and other representatives of the Commission shall submit a written report to the Commission and Applicant including a recommendation about the subdivision being proposed.
4. Public Hearing Notification
The Commission shall hold a public hearing on the sketch plan and notice of such hearing shall be in one (1) local newspaper of general circulation ten (10) days prior to the hearing (per VI.C. ss 5‑3‑1) at the Applicant's expense. At the time of the public hearing, the Applicant shall submit proofs of publication that the notices of public hearing were published at least ten (10) days prior to the public hearing. Interested Parties, as defined in §4-202 of this Ordinance, shall be notified by the Applicant of the date, time, place, and purpose of the public hearing on the subdivision at least ten (10) days in advance of the hearing, by certified mail. The Applicant shall file with the Commission at the time of the public hearing an affidavit so testifying.
5. Approval of the Sketch Plan
After the Commission has, at a regularly scheduled meeting, examined the sketch plan, Administrator's report, the Checkpoint Agencies’ recommendations, testimony, and exhibits submitted, the Commission shall, at a regularly scheduled meeting, approve, conditionally approve or disapprove the sketch plan. One (1) copy of the sketch plan shall be returned to the Applicant with the date of approval, conditional approval, or disapproval and the reasons therefore accompanying the sketch plan within five (5) days after the public meeting. Primary approval by the Commission is subject to review by certiorari. Secondary approval of a subdivision cannot occur until the minimum of thirty (30) days has elapsed since the granting of sketch plan.
6. Final subdivision Plat Procedure for Secondary Approval
a. Application Requirements
Following approval of the sketch plan, the Applicant, if he wishes to proceed with the subdivision, shall file with the Administrator an application for secondary approval of a final plat in the form prescribed in §4-604 of this Ordinance. The application shall:
(i) Be submitted on forms approved and provided by the Commission.
(ii) Show all land that the Applicant proposes to subdivide and adjacent land within one hundred (100) feet. The application shall include the names and addresses of owners of adjoining land as shown in the Johnson County Auditor's files. This information may be shown on a separate Plat Map reproduction from the Auditor's Office.
(iii) Include the entire subdivision, or section thereof, which derives access from all existing state, county, or municipal roadways.
(iv) Be accompanied by five (5) copies of the subdivision plat as described in this ordinance.
(v) Totally comply with this ordinance and the terms and conditions of primary approval.
(vi) Be accompanied by restrictive covenants in a form approved by the Commission, where proposed by the Applicant or required by the Commission.
b. Determination of Conformance (Secondary Approval)
In order to be recorded, a final subdivision plat shall either be found to be in conformance with the approved sketch plan by the Administrator, or by the Commission at a public meeting. If the final subdivision plat deviates from the sketch plan that received primary approval, the subdivision shall be resubmitted to the Commission at a public meeting for a new primary approval. The Applicant submitting a final plat conforming to the primary approval shall choose as to whether this review is performed by the Administrator or by the Commission at a public meeting.
(i) Should the Applicant not choose Commission review, the Administrator shall within ten (10) working days review the items submitted as per Section 4-304(6)(a) in order to ascertain conformance with the primary approval. If the submission is found to be in conformance and complete, the Administrator shall recommend the signing of the certificate granting secondary approval.
(ii) Should the Applicant choose Commission review, the Commission shall perform the same function but at a public meeting. The Applicant shall request in writing Commission review no less than thirty (30) calendar days prior to the date of the public meeting at which the Applicant intends to have his final plat reviewed. The Commission shall place the matter on its next regular meeting agenda. The Administrator shall review the proposed final plat and submit a written report and recommendations to the Commission and the Applicant. The Commission shall approve, conditionally approve, or disapprove the final plat. If approved it shall be signed by the Designated Officers of the Commission. If not approved then the Applicant shall be informed as to the insufficiency of his submittal.
c. Sectionalizing Plats
Before granting secondary approval of a minor subdivision plat, the Commission may permit the plat to be divided into two or more sections. Further, it may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Commission may require that the performance bond be in such amount as is commensurate with the section or sections of the plat to be filed. It may also defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing.
8. Signing and Recording a Plat
a. Signing of Plat
(i) When a bond is required, the Designated Officials of the Commission shall endorse secondary approval on the plat after the bond has been approved by the Town's appropriate representatives and all the conditions of the primary approval have been satisfied. See Article V of this Ordinance.
(ii) When installation of improvements is required, the Designated Officials of the Commission shall endorse secondary approval on the plat by signing the certificate after all conditions of the primary approval have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required improvements have been installed in a manner satisfactory to the Town's appropriate representatives in the form of a certificate signed by the Town Council.
b. Assurance to Applicant
If the Applicant elects to install all improvements before he applies for secondary approval and it is shown that the conditions of the ordinance have been met, and if the final plat completely conforms to the primary approval, the Commission shall have no other recourse than to grant secondary approval.
c. Recording of Plat
(i) The Designated Officials shall sign the certificates granting secondary approval which shall be a part of the tracing cloth or reproducible mylar of the subdivision plat, plus two (2) mylar prints of the subdivision plat. The mylar prints shall be returned to the Applicant and his engineer or surveyor.
(ii) It shall be the responsibility of the Applicant in the presence of the Administrator or his designee to record the plat with the County Recorder within thirty (30) days of the date of signature.
4‑305 EXEMPT DIVISIONStc \l2 "4‑305 EXEMPT DIVISIONS
1. General Procedure for Exempt Divisions
An Applicant may apply for an Exempt Division of the type or types defined in Article II §4-202 by submitting to the Administrator the information prescribed under Article VI §4-605.
2. Exempt Division Review Process
The Administrator shall review an application for classification as an exempt division within fifteen (15) working days of receiving the information required in 4‑605 of this Ordinance. If the division is not classified as exempt, then the App