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

(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.