Chapter 11.07 - Subdivision Ordinance Amendments


City Code :: Elwood Town Subdivision Ordinance :: Chapter 11.07 - Subdivision Ordinance Amendments

Chapter 11.07

Subdivision Ordinance Amendments 
 

11.07.010 Purpose 
 

It is the intent of this Ordinance that a decision related to a Subdivision Ordinance Amendment Application be a discretionary action by the Town Council, acting as the Land Use Authority. A decision by the Council related to a Subdivision Ordinance Amendment Application shall be accompanied by findings of fact, following the receipt of a Commission recommendation, such recommendation also being accompanied by findings of fact. 
 

For the purposes of this Ordinance, the procedures and requirements for the consideration of Subdivision Ordinance Amendment Application are provided to promote the full consideration of all items related to the proposed Subdivision Ordinance Amendment Application. The Commission shall identify and address all items applicable to a Subdivision Ordinance Amendment Application prior to providing a recommendation to the Town Council. 
 

The Town Council shall identify and address all items applicable to a Subdivision Ordinance Amendment Application prior to approving, approving with requirements, or denying the Subdivision Ordinance Amendment Application. 
 

11.07.020 Town Council identified as the Land Use Authority – Commission Recommendation Required 
 

  1. The Town Council is hereby identified as the Land Use Authority for Subdivision Ordinance Amendment Applications.
 
  1. Prior to the Town Council considering a Subdivision Ordinance Amendment Application, and as required by the Act, the Commission shall conduct a public hearing, complying with the notice requirements of Chapter 11.08 herein. Following the close of the public hearing, the Commission shall transmit a recommendation to the Council. 

11.07.030 Subdivision Ordinance Amendment Applications Requirements 
 

All Subdivision Ordinance Amendment Applications, filed in the Office of the Town provide the following information, necessary for the Town to determine the Application complete, as required by Section 11.07.05 herein: 
 

  1. Application Form. A Subdivision Ordinance Amendment Application Form completed and signed by the Applicant(s) for the proposed Subdivision Ordinance Amendment.
 
  1. Subdivision Ordinance Amendment Application Fees. The Subdivision Ordinance Amendment Application shall include the payment of all Subdivision Ordinance Amendment Application fees and Review fees, as established the Council, and any total amount, or deposit amount, required to provide the services of the Town Engineer, as provided and required by Section 11.07.04 herein.
 
  1. The identification of the Chapter and Section Number of the Subdivision Ordinance proposed to be amended.
 
  1. A detailed statement of the objective of the proposed Subdivision Ordinance Amendment, clearly identifying the weakness and deficiencies of the existing Chapter and/or Section proposed to be amended, and citing any Goals and Policies of the Town, including those contained within the Elwood Town General Plan, that supports the proposed Subdivision Ordinance Amendment.
 
  1. Any other information and materials, considered by the Applicant(s), necessary to support the proposed Subdivision Ordinance Amendment. 
 

11.07.040 Subdivision Ordinance Amendment Application – Engineering and Attorney Review Fees 
 

The Applicant(s) for Subdivision Ordinance Amendment Application approval shall pay all costs incurred by the Town for the provision of Town Engineering and Attorney services, provided by a licensed engineer and attorney selected by the City, and necessary to review the Subdivision Ordinance Amendment Application materials, as necessary, for conformity to the requirements of this Ordinance, other applicable Land Use Ordinances and requirements, and accepted engineering practice. 
 

11.07.050 Town to Determine a Complete Subdivision Ordinance Amendment Application 
 

  1. Within thirty (30) calendar days of the Subdivision Ordinance Amendment Application being filed in the Office of the Town, and prior to the Subdivision Ordinance Amendment Application being scheduled with the Commission, the Town shall determine and find that the Subdivision Ordinance Amendment Application is complete and contains all the Subdivision Ordinance Amendment Application information and material required for a complete Subdivision Ordinance Amendment Application, as required by Section 11.07.03 herein. As provided for by the Act.
 
  1. The Town Staff shall determine a Subdivision Ordinance Amendment Application submitted and complete when the Application is provided in a form that complies with the requirements of Section 11.07.03 herein, and all applicable Subdivision Ordinance Amendment Application fees have been paid. The Town shall notify the Applicant, in writing, of the result of such determination. Following a Determination of a Complete Subdivision Ordinance Amendment Application, the Town shall schedule the Subdivision Ordinance Amendment Application for public hearing with the Commission such hearing complying with all notice requirements for a public hearing to consider a Subdivision Ordinance Amendment Application, as required by Chapter 11.08 herein.
 
  1. A Subdivision Ordinance Amendment Application lacking any of the Subdivision Ordinance Amendment Application information and materials, as required by Section 11.07.03 herein shall be cause for the Town to determine the Subdivision Ordinance Amendment Application as Incomplete. The requirements of Section 11.07.06 shall apply to all Subdivision Ordinance Amendment Applications determined to be Incomplete.
 

11.07.060 Determination of an Incomplete Subdivision Ordinance Amendment Application 
 

  1. A determination of an Incomplete Subdivision Ordinance Amendment Application by the Town shall prohibit the Town from scheduling the required Commission public hearing and shall prohibit the Commission or Council from considering any information or material related to the proposed Amendment.
 
  1. Following a determination of an Incomplete Subdivision Ordinance Amendment Application by the Town, the Town shall notify the Applicant, in writing, of the information lacking from the Subdivision Ordinance Amendment Application. The Town shall allow a minimum of thirty (30) calendar days, from the date of notification of an Incomplete Subdivision Ordinance Amendment Application, for the Applicant to provide the required information. If the Subdivision Ordinance Amendment Application remains incomplete after a minimum of thirty (30) calendar days from date of notification, the Town shall return the entire Incomplete Subdivision Ordinance Amendment Application to the Applicant(s), including any Subdivision Ordinance Amendment Application Review fees paid.
 

11.07.070 Appeal of a Determination of Application Completeness Decision by the Town: 
 

Any person aggrieved by a decision of the Town related to a Determination of Application Completeness may appeal the decision to the Commission, the Commission acting as the Appeal Authority for Determinations of Application Completeness decisions. 
 

11.07.080 Subdivision Ordinance Amendment Application Review Procedures: 
 

  1. As provided by Section 11.07.02 the Council is designated as the Land Use Authority for all Subdivision Ordinance Amendment Applications.
 
  1. Staff Review Meeting. Prior to the Commission considering the Subdivision Ordinance Amendment Application at a public hearing (see Section 11.07.02) the Town Staff shall review the Subdivision Ordinance Amendment Application for compliance to the requirements of this Ordinance and other Land Use Ordinances and requirements, as applicable. The results of the Staff Review Meeting, including all Staff review comments and recommendations shall be provided to the Commission and Council for consideration.
 
  1. Staff Comments and Recommendations. All Staff Review comments and recommendations provided to the Commission and Council for consideration related to the Subdivision Ordinance Amendment Application shall also be provided to the Applicant(s), a minimum of three (3) business days, before the Subdivision Ordinance Amendment Application is considered by the Commission or Council, as applicable.
 
  1. Commission Public Hearing Required. As required by the Act, and prior to the Council considering the Subdivision Ordinance Amendment Application, the Commission shall conduct a public hearing, such hearing complying with all notice requirements for a public hearing to consider a Subdivision Ordinance Amendment Application, as required by Chapter 11.08 herein.
 
  1. Commission Recommendation Required. Following the close of the Commission public hearing, the Commission shall consider all information and materials received. As required by the Act, the Commission shall formulate and transmit a recommendation to the Council on the Subdivision Ordinance Amendment Application for consideration.
 

    The Commission may recommend approval of the Subdivision Ordinance Amendment Application, as presented, recommend approval of the Subdivision Ordinance Amendment Application with requirements, or recommend denial of the Subdivision Ordinance Amendment Application, with findings. 
     

  1. Council Public Hearing Required. Prior to the Council considering the Subdivision Ordinance Amendment Application, the Council shall conduct a public hearing, such hearing complying with all notice requirements for a public hearing to consider a Subdivision Ordinance Amendment Application, as required by Chapter 11.08 herein.
 
  1. Council Review. Following the close of the public hearing, the receipt of the Commission recommendation, the Council shall consider the Subdivision Ordinance Amendment Application. The Council shall consider a Subdivision Ordinance Amendment Application at a regularly scheduled Council meeting.
 
  1. Council Decision. The Council may adopt or reject the Subdivision Ordinance Amendment Application as proposed or recommended by the Commission, or after making any revision(s) the Council considers appropriate, approve the Subdivision Ordinance Amendment Application with revisions, or deny the Subdivision Ordinance Amendment Application with findings. A decision by the Council to amend the Subdivision Ordinance shall be by the Council’s passage of an Ordinance clearly identifying the Chapter(s) and Section(s) of the Subdivision Ordinance to be amended, the nature of the amendments, and the effective date of such amendments. 
 

11.07.090 Effect of Approval, with or without requirements, of a Subdivision Ordinance Amendment Application – Adopting Ordinance Required 
 

  1. The passage of an Ordinance by the Council, as required by Section 11.07.08, approving a Subdivision Ordinance Amendment Application, with or without revisions, shall not constitute approval of any Subdivision Application, or any other Land Use Application by the Council. A Subdivision Ordinance Amendment Application approval shall not authorize the division or development of land.
 
  1. Passage of an Ordinance by the Council approving a Subdivision Ordinance Amendment Application, with or without revisions, shall amend the Subdivision Ordinance on the effective date, as provided by the adopting Ordinance.

 
11.07.100 Appeal of Subdivision Ordinance Amendment Application Decisions
 
 

Any person aggrieved by a decision of the Town Council for a Subdivision Ordinance Amendment Application may appeal the decision to District Court, the Court acting as the Appeal Authority for Subdivision Ordinance Amendment Application decisions by the Council.