Section 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.
Amended by P.L. 57-2013, SEC. 97, eff. 7/1/2013.As added by Acts1981 , 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.