Sec. 701. (a) The legislative body shall, in the zoning
ordinance adopted under the 600 series of this chapter, determine the
zoning districts in which subdivision of land may occur.
(b) The plan commission shall then recommend to each
participating legislative body an ordinance containing provisions for
subdivision control, which ordinance shall be adopted, amended, or
repealed in the same manner as the zoning ordinance. After the
subdivision control ordinance has been adopted and a certified copy of
the ordinance has been filed with the county recorder, the plan
commission has exclusive control over the approval of all plats and
replats involving land covered by the subdivision control ordinance,
subject to subsection (c) and subsection (f).
(c) ADVISORY. The municipal plan commission has exclusive
control over the approval of plats and replats involving unincorporated
land within its jurisdiction, unless the legislative body of the county has
adopted a subdivision control ordinance covering those lands. In this
case, the county plan commission has exclusive control over the
approval.
(d) The subdivision control ordinance may provide that the
subdivision of land that does not involve the opening of a new public
way and that complies in all other respects with the subdivision control
ordinance and the zoning ordinance may be granted primary approval
by the plat committee without public notice and hearing, subject to
appeal to the plan commission. Within ten (10) days after primary
approval under this subsection, the plan commission staff shall provide
for due notice to interested parties of their right to appeal to the plan
commission. The notice shall be given in the manner set forth in
section 706(2) and 706(3) of this chapter.
(e) The plan commission may appoint a plat committee to hold
hearings on and approve plats and replats on behalf of the commission.
The plat committee consists of three (3) or five (5) persons, with at
least one (1) of the members being a member of the commission. Each
appointment of a member of the plat committee is for a term of one (1)
year, but the commission may remove a member from the committee.
The commission must mail notice of the removal, along with written
reasons, if any, for the removal, to the member at the member's
residence address. A member who is removed may not appeal the
removal to a court or otherwise. The plat committee may take action
only by a majority vote.
(f) AREA. A participating legislative body may, in the subdivision
control ordinance, reserve to itself the power to waive any condition
that is imposed upon primary approval of a plat by the plan commission
under section 702 of this chapter. The legislative body shall prescribe
the procedure under which a person may apply for a waiver of a
condition under this subsection.
[Pre-Local Government Recodification Citations: 18-4-8-10;
18-7-2-50; 18-7-2-56 part; 18-7-4-701; 18-7-4-62 part; 18-7-5-54
part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1982, P.L.211, SEC.5; P.L.335-1985, SEC.29; P.L.320-1995, SEC.10;
P.L.127-2017, SEC.172.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1985–2023 · leading case:
MacKiewicz v. Metzger, 750 N.E.2d 812 (Ind. Ct. App. 2001).
MacKiewicz v. Metzger, 750 N.E.2d 812 (Ind. Ct. App. 2001).
· cites it 6× “We note, however, that IC § 36-7-4-701(d) (West 1997) provides an exception to the notice and hearing requirement in cases where the proposed subdivision "does not involve the opening of a new public way and .”
Plan Com'n of Harrison Cnty. v. Aulbach, 748 N.E.2d 926 (Ind. Ct. App. 2001).
· cites it 2× “Specifically, Ind.Code § 36-7-4-701 provides for the requirement of a subdivision control ordinance: (a) The legislative body shall, in the zoning ordinance adopted under the 600 series of this chapter, determine the zoning districts in which subdivision of land may occur.”
Robert Lynn Co. v. Town of Clarksville Bd. of Zoning Appeals, 867 N.E.2d 660 (Ind. Ct. App. 2007).
· cites it 2× “These powers are reiterated in Indiana Code Section 36-7-4-701. 15 . Our research reveals only one case in which a plan commission granted a variance, and its authority to do so was not at issue.”
Cardinal Indus., Inc. v. Schwartz, 483 N.E.2d 458 (Ind. Ct. App. 1985).
“IC (1981) § 36-7-4-701(a) (Burns Code Ed., Supp.). If planning developments are to be allowed, they must be allowed by the legislative body when it passes the zoning ordinance.”
LBL Dev., LLC v. St. John Plan Comm'n, 224 N.E.3d 947 (Ind. Ct. App. 2023).
· cites it 8× “Ind. Code § 36-7-4-701 (a) (“The legislative body shall, in the zoning ordinance adopted under the 600 series of this chapter, determine the zoning districts in which subdivision of land may occur.”
Plan Com'n for Floyd Cnty., Ind. v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002).
· cites it 4× “The Subdivision Application and Review Process Pursuant to Indiana Code section 36-7-4-701(b), the relevant legislative body in an area (typically the county commissioners) must adopt an ordinance, proposed by the local plan commission, to control the subdivision of land.”
Plan Comm'n for Floyd Cnty. v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002).
“Cope § 36-7-4-701(c). The ordinance must contain specific standards by which the plan commission can determine whether the plat qualifies for approval.”
Ind. Code § 36-7-4-701(a): 1 case
Cardinal Indus., Inc. v. Schwartz, 483 N.E.2d 458 (Ind. Ct. App. 1985).
“IC (1981) § 36-7-4-701(a) (Burns Code Ed., Supp.). If planning developments are to be allowed, they must be allowed by the legislative body when it passes the zoning ordinance.”
Ind. Code § 36-7-4-701(b): 1 case
Plan Com'n for Floyd Cnty., Ind. v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002).
“The Subdivision Application and Review Process Pursuant to Indiana Code section 36-7-4-701(b), the relevant legislative body in an area (typically the county commissioners) must adopt an ordinance, proposed by the local plan commission, to control the subdivision of land.”
Ind. Code § 36-7-4-701(c): 3 cases
Plan Comm'n for Floyd Cnty. v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002).
“Cope § 36-7-4-701(c). The ordinance must contain specific standards by which the plan commission can determine whether the plat qualifies for approval.”
Plan Com'n for Floyd Cnty., Ind. v. Klein, 765 N.E.2d 632 (Ind. Ct. App. 2002).
“The Subdivision Application and Review Process Pursuant to Indiana Code section 36-7-4-701(b), the relevant legislative body in an area (typically the county commissioners) must adopt an ordinance, proposed by the local plan commission, to control the subdivision of land.”
Ind. Code § 36-7-4-701(d): 1 case
MacKiewicz v. Metzger, 750 N.E.2d 812 (Ind. Ct. App. 2001).
“We note, however, that IC § 36-7-4-701(d) (West 1997) provides an exception to the notice and hearing requirement in cases where the proposed subdivision "does not involve the opening of a new public way and .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.