This Ordinance shall hereinafter be known and cited as "Town of Plainfield Subdivision Control Ordinance."
A. This Ordinance is adopted pursuant to the authority contained in Indiana Code 36-7-4 et. seq.
B. Whenever any provision of this Ordinance refers to or cites a section of the Indiana Code and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.
In adopting this Ordinance, the Town Council of the Town of Plainfield is acting for the purpose of:
A. promoting the public health, safety, comfort, morals, convenience, and general welfare;
B. guiding the future development of the Town of Plainfield in accordance with the Comprehensive Plan and related policies and objectives;
C. securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;
D. lessening or avoiding congestion in public ways;
E. providing adequate and efficient public and private facilities and the conservation of natural resources;
F. providing for the safety, comfort and soundness of the built environment; and,
G. otherwise accomplishing the purposes of Indiana Code 36-7-4 et. seq.
1.4 Effective Date
This Ordinance shall be effective at 12:01 a.m., on the 1st day of February, 1998.
The Plainfield Subdivision Regulations for the Town of Plainfield, Hendricks County, Indiana, as adopted by the Town Council of the Town of Plainfield, Indiana, on the 10th day of April, 1989, as Plainfield Ordinance No. 9-89, and all amendments thereto, are repealed as of the effective date of this Ordinance.
It is hereby declared to be the intention of the Town Council of the Town of Plainfield, Indiana, that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance because the same would have been enacted without the incorporation into this Ordinance of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase.
Nothing in this Ordinance or in any rules, regulations, or orders issued pursuant to this Ordinance shall be deemed to restrict or regulate or to authorize any unit of government, legislative body, Plan Commission, or Board of Zoning Appeals now or hereafter established, to restrict or regulate the exercise of the power of eminent domain by the State of Indiana or by any agency of the State of Indiana, or the use of property owned or occupied by the State of Indiana or any agency of the State of Indiana.
In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the health, safety, comfort, morals, convenience, and the general welfare of the public. In the case of any conflict or inconsistency between two or more provisions of this Ordinance or any other ordinance of the Town of Plainfield, the provision which imposes the greater or higher or more restrictive standard of performance shall control.
Upon (i) adoption of this Ordinance by the Town Council of the Town of Plainfield, and (ii) the effective date of this Ordinance, the Town of Plainfield Plan Commission shall have exclusive control over the approval of plats, replats and the vacation of plats or parts of plats involving all real property located within the corporate boundaries of the Town of Plainfield.
In adopting this Ordinance, the Town Council of the Town of Plainfield have paid reasonable regard to:
A. the general polices and patterns of development set out in the Comprehensive Plan for the Town of Plainfield, Indiana;
B. current conditions and the character of current Structures and uses in each zoning district;
C. the conservation of property values throughout the Town of Plainfield; and,
D. the responsible development and growth of the Town of Plainfield.
1.11 Private Provisions
The provisions of this Ordinance are not intended to abrogate any easement, covenant or other private agreement or restriction.
1.12 Saving Provision
Except as shall be expressly provided for in this Ordinance, the adoption of this Ordinance shall not: (i) abate any action pending under, or by virtue of, any prior subdivision control ordinance; (ii) discontinue, abate, modify or alter any penalty accruing or about to accrue under, or by virtue of, any prior subdivision control ordinance; (iii) affect the liability of any person, firm, or corporation under, or by virtue of, any prior subdivision control ordinance; (iv) waive any right of the Town of Plainfield under any section or provision of any prior subdivision control ordinance; or, (v) vacate or annul any rights obtained by any person, firm, or corporation by lawful action of the Town of Plainfield under, or by virtue of, any prior subdivision control ordinance.
1.13 Transition Rules for Applications for Primary Plat Approval, Secondary Plat Approval or the Vacation of Plats or Parts of Plats
Any application for Primary Plat approval, Secondary Plat approval, or the vacation of plats or parts of plats which has been filed with the Director of the Department of Planning and Zoning and which application is full and complete under the provisions of the Plainfield Subdivision Regulations (Plainfield Ordinance No. 9-89, as amended) prior to the effective date of this Ordinance shall continue to be processed to completion pursuant to the terms and conditions of the Plainfield Subdivision Regulations (Plainfield Ordinance No. 9-89, as amended).
In its continuing administration of the purposes set forth in Article 1.3 above, the Town Council of the Town of Plainfield may find it reasonable and necessary to propose and adopt amendments to the text of this Ordinance. All such amendments shall be considered and adopted in compliance with I.C. 36-7-4-600 et. seq., the provisions of this Ordinance, and any applicable Rules of Procedure subsequently adopted by the Plan Commission or the Town Council of the Town of Plainfield governing such procedures.
Compliance with the terms and provision of this Ordinance shall be a prerequisite for the use and development of real property within the Town of Plainfield. Failure to comply with the terms and provisions of this Ordinance shall be deemed to be a civil zoning violation enforceable by the Plan Commission as provided for in I.C. 36-7-4 et. seq., and Article XII of the Plainfield Zoning Ordinance.
The interpretation of terms or words and the definition of terms or words contained in this Ordinance shall be in accordance with Article XIII: Definitions of the Plainfield Zoning Ordinance, as the same may be amended from time to time, which Article is hereby incorporated into and made a part of this Ordinance by this reference.
1.17 Improvement Location Permits
No Improvement Location Permit shall be issued for any Building, Structure or Improvement unless the location of the Building, Structure or Improvement conforms with the applicable provisions of the Plainfield Zoning Ordinance and this Ordinance.
1.18 Recording Required for Issuance of an Improvement Location Permit
No Improvement Location Permit for any Building, Structure or Improvement, shall be issued for any Lot within a Subdivision prior to a copy of the properly signed and recorded Secondary Plat of that Subdivision being filed with the Department of Planning and Zoning.
Exception - A conditional Improvement Location Permit and Certificate of Zoning Compliance for the construction and use of a permitted Temporary Use (including a model home, sales office, construction office or similar related use) within the real estate affected by a Subdivision may be issued by the Director after all construction plans for required Improvements have been approved by the Town. If the Temporary Use is a model home, the model home shall not be converted to a residential use prior to the installation, inspection and approval of all required Improvements that directly or indirectly affect the model home.
1.19 Incorporation by Reference
Throughout the various Articles of this Ordinance, reference is made to other regulations of the Town of Plainfield, and each such regulations is hereby incorporated by this referenced into this Ordinance. Two (2) copies of each such regulation of the Town of Plainfield are on file in the office of the Clerk/Treasurer of the Town of Plainfield and are available for public inspection.
Any person aggrieved by a decision of the Plan Commission relating to the Subdivision Control Ordinance may appeal said decision as provided by Indiana law. The appeal shall be filed within thirty (30) days of the date of the decision upon which the grievance is based.