Indiana § 36-7-4-702 - Subdivision control; primary approval of plat; standards of ordinance; requisites; compliance

§ 36-7-4-702. Subdivision control; primary approval of plat; standards of ordinance; requisites; compliance

Sec. 702. (a) In determining whether to grant primary approval of a plat, the plan commission (or plat committee acting on the commission's behalf) shall determine if the plat or subdivision qualifies for primary approval under the standards prescribed by the subdivision control ordinance.

(b) The subdivision control ordinance must specify the standards for determining whether a plat qualifies for primary approval. The ordinance must include standards for:

(1) minimum width, depth, and area of lots in the subdivision;

(2) public way widths, grades, curves, and the coordination of subdivision public ways with current and planned public ways; and

(3) the extension of water, sewer, and other municipal services.

The ordinance may also include standards for the allocation of areas to be used as public ways, parks, schools, public and semipublic buildings, homes, businesses, and utilities, and any other standards related to the purposes of this chapter.

(c) The standards fixed in the subdivision control ordinance under subsection (b) may be waived at the discretion of the plan commission (or plat committee acting on the commission's behalf); however, to be approved, the plat must still meet all applicable standards prescribed in the zoning ordinance (other than standards modified by variance in accordance with the 900 series of this chapter). As a condition of granting a waiver under this subsection, the commission or committee may allow or require a commitment to be made under section 1015 of this chapter.

(d) As a condition of primary approval of a plat, the commission or committee may specify:

(1) the manner in which public ways shall be laid out, graded, and improved;

(2) a provision for water, sewage, and other utility services;

(3) a provision for lot size, number, and location;

(4) a provision for drainage design; and

(5) a provision for other services as specified in the subdivision control ordinance.

(e) The subdivision control ordinance may not regulate condominiums regulated by IC 32-25.

(f) A subdivision control ordinance must require a unit to use data from the most recent:

(1) Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps; and

(2) National Oceanic and Atmospheric Administration Atlas Precipitation-Frequency Atlas of the United States;

to calculate and regulate storm water runoff from a developed or undeveloped plat. A unit must use data regarding a location that is in the closest proximity to the developed or undeveloped plat under consideration. If a unit must use data regarding a location within a neighboring state due to the lack of available data regarding a nearby location, then the unit must use data regarding a location within the state that is in closest proximity to the developed or undeveloped plat under consideration.

[Pre-Local Government Recodification Citations: 18-7-2-49; 18-7-4-702; 18-7-4-56; 18-7-5-47 part; 18-7-5-49.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.6; P.L.2-2002, SEC.109; P.L.126-2011, SEC.17; P.L.172-2025, SEC.1.