§ 36-7-3-2 — Subdivision of lots or lands outside boundaries of municipality; requisites, approval, and recording of plat

(a) A person who lays out a subdivision of lots
or lands outside the corporate boundaries of any municipality shall
record a correct plat of the subdivision in the office of the recorder of
the county before selling any lots in the subdivision. The plat must
show public places, public ways, and the length, width, and size of each
lot. Lots shown on the plat must be regularly numbered.
(b) The certificate of a professional surveyor certifying the
correctness of the plat must be attached to the plat. This certificate
must include a description, by metes and bounds, of the location of the
plat.
(c) Before offering a plat for record under this section, a person
must acknowledge it before an officer authorized by law to take and
certify acknowledgments of deeds. The officer shall then attach to the
plat a certificate of the acknowledgment, which must be recorded with
the plat.
(d) Before offering a plat for recording under this section, a person
must file a copy of the plat in the county auditor's office and must
submit the plat for the approval of the county executive. The county
recorder may record the plat only if a certificate showing the approval
of the county executive is attached to it. If the record of a plat is not
executed and approved as required by this subsection, it is void.
(e) Except as provided in subsection (f), the county executive may
approve or disapprove a subdivision plat only on the basis of whether
the plat complies with the requirements set forth in subsections (a)
through (c).
(f) The county executive may approve or disapprove a subdivision
plat based upon whether the plat complies with standards for
development of subdivisions within the county executive's jurisdiction.
The standards shall be set by the county executive, shall be reasonable,
and may include a minimum lot size. The county executive shall rely
only upon the following criteria in establishing the standards for
development:
(1) The standards must protect and provide for the public health,
safety, and welfare of the county.
(2) The standards must ensure that public facilities and services
are available to support the subdivision.
(g) The county executive may not approve or disapprove a
subdivision plat based upon the standards for development until the
county executive has had at least one (1) public hearing on the issue.
The county executive shall publish notice of a hearing in accordance
with IC 5-3-1. The notice must set forth the following information:
(1) A legal description of the property where the proposed
subdivision will be located.
(2) The date, time, and location of the hearing.
(3) The name of the applicant submitting the plat for the approval
of the county executive.
(4) A statement that the county executive will consider at the
hearing whether to approve the plat based upon whether the plat
is in accordance with the county's development standards.
(h) If, after a hearing, the county executive disapproves the plat, the
county executive shall make written findings that set forth its reasons
and a decision denying approval and shall provide the applicant with
a copy.
[Pre-Local Government Recodification Citations: 17-3-43-1;
17-3-43-2; 18-7-4-711(a) part; 18-7-5-54 part.]
As added by Acts 1981, P.L.309, SEC.22. Amended by
P.L.104-1983, SEC.4; P.L.220-1986, SEC.4; P.L.23-1991, SEC.38;
P.L.153-2003, SEC.1; P.L.57-2013, SEC.97.