Subdivision regulations govern the division of land into one or more building lots. The subdivision regulations ensure that all private and public improvements are properly installed, that the new lot(s) meet the requirements of the zoning ordinance and that the rights of the property owner and general public are protected. Local ordinances require that a property be subdivided when a parcel or portion of land is intended for sale or lease except when the lease of land is for the purpose of a utility substation or communication facility and structures accessory thereto.
Based upon Indiana Law, the only issue that the Plat Committee may address is whether a proposed subdivision meets the requirements of the subdivision ordinance. Court rulings have established that Area Plan Commissions have: ." . . no discretion to approve some subdivision plats and disapprove others, but may only determine whether a plat presented to them comports with requirements of their subdivision ordinance." The courts have also ruled that: "Testimony of adjacent landowners at hearing on proposed subdivision plat is irrelevant in establishing whether plat complies with master plan, ordinances, and statutes."
Therefore, the Plat Committee cannot consider arguments concerning, for example, whether or not streets should be extended from adjacent subdivisions; whether the property should remain as is; and, be developed for some other purpose or developed to standards other than those specified by the Subdivision Regulations. Further, the Plat Committee may not impose any specifications concerning style, type, size or cost of the structures to be built within the subdivision. If the proposed subdivision meets all of the requirements of the Subdivision Regulations, the Plat Committee must approve the subdivision.
A registered land surveyor must be involved in preparing, representing and certifying the plat.
Key Steps Before You Consider Subdividing Your Property
- Download the How to Subdivide Property brochure. Great information on all of the requirements and the process.
- Talk with an Area Plan Commission staff member
- Contact a registered land surveyor
Key Steps in the Subdivision Process
- Subdivision application is filed by a land surveyor
- APC staff reviews application for conformity to the Subdivision Control Ordinance
- APC staff schedules subdivision plat for Plat Committee consideration
- Plat Committee either denies or approves subdivision