Chapter 19-10 SUBDIVISION REGULATIONS.

CHAPTER 19-10
SUBDIVISION REGULATIONS.

19-10-1 General Provisions.

(A) Title. These regulations shall be known and may be cited as the “Subdivision Regulations for Prairie Band of Potawatomi Reservation”, and shall hereinafter be referred to as “these regulations”.

(B) Purpose and Intent. It is the purpose of these regulations to provide for proper and harmonious development practices toward the goal of fostering wise use and conservation of the land resources of the Potawatomi reservation. Within this purpose, these regulations are intended to:

(1) Promote the purposes itemized in Section 19-1-1 of this Title.

(2) To preserve the natural beauty and topography of the reservation and to insure appropriate development with regard to these natural features.

(3) To secure safety from fire, traffic accidents, and other public concerns that can occur due to poor land use practices.

(4) To establish reasonable standards of design and procedures for subdivision and resubdivisions; to further the orderly layout and use of land to insure proper legal descriptions and proper monumenting of subdivided land.

(5) To provide for the actual construction of physical improvements.

(6) To provide equitable processing of all subdivisions and land development proposals by providing uniform procedures and standards.

(C) Authority and Jurisdiction. These regulations are adopted pursuant to the authority enumerated in this Title and shall apply to all land and structures within reservation land of the Nation.

(D) Applicability. The regulations contained herein shall apply to the subdivision of a tract or parcel of land into two or more lots, tracts, or other divisions of land for the purpose of sale or building development, whether immediate or future, including the resubdivision or replatting of land or lots.

(E) Exemptions. The following shall be exempt from the requirements of these regulations:

(1) Any lot, parcel, or tract of land within the area of jurisdiction which was legally subdivided, resubdivided, or replatted prior to the adoption of these regulations.

(2) Any lot, parcel, or tract of land which has been ordered by law to be partitioned.

(3) Correction of a legal description in a prior conveyance.

(4) Land which is to be used for cemetery purposes.

(5) A division of land in accordance with the provisions of these regulations which creates no more than one additional lot or tract and which does not involve any new streets or easements of access; is not located in an area subject to flooding; which meets the standards set by these regulations for the disposal of sewage and for water supply including lot size; and which conforms with any applicable zoning regulations, provided that the resulting tracts shall not again be divided without replatting.

(6) A transaction between owners of adjoining land involving only a change in the boundary between the land owned by such persons and which does not create an additional lot or which does not result in the creation of a substandard lot by either owner according to any applicable zoning regulations or sanitary code.

(7) Any lot split in industrially zoned areas divided in accordance with the provisions of these regulations.

(8) A division or further division of land into lots or tracts, each of which contains forty (40) or more acres, and which will not involve new streets or easements of access, is not located in an area subject to flooding, is to be used for agricultural or single-family residential purposes only, and conforms with any applicable zoning regulations and sanitary code.

(9) Land used for a public purpose including the dedication of land for a public use or instruments relating to the vacation of land for a public use.

(10) Land used for street or railroad right-of-way, a drainage easement or other public utilities subject to local, state, or federal regulations, where no new street or easement of access is involved.

(F) Rules of Construction. In the construction of these Regulations, the provisions of Section 19-1-6 of this Title shall apply:

(G) Interpretation.

(1) In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare of the citizens of the reservation.

(2) These regulations are not intended to interfere with, abrogate, or annul any other resolution, regulation, statute, or other provision of law. Where any provision herein imposes restrictions, different from those imposed by any other provision of these regulations or any other applicable law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

(3) These regulations are not intended to abrogate any easement, covenant, or other private agreement, provided; that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement the requirements of these regulations shall govern.

(4) A subdivision of land which was not lawfully existing at the time of the adoption of these regulations shall not become or be made lawful solely by reason of the adoption of these Regulations.

(H) Notice to Other Governments. Written notice of any amendments to the text of these regulations or to the Zoning District Map may be given to the Governing Body of any county and of any incorporated city within three (3) miles of the reservation and may be given to others as may be appropriate.

19-10-2 Plat Approvals, Vacation Procedure, Vesting of Development Rights.

(A) Plat Approval Required. All plans, plats, or replats of land laid out in building lots, and the streets, alleys, or other portions of the same intended to be dedicated for the public use, or for the use of purchasers or owners of the lots fronting thereon or adjacent thereto, shall be submitted to the Planning Commission for their consideration. The Planning Commission shall submit its recommendation with the final plat to the Governing Body for their official consideration and final action.

(B) Approvals Required For Plat Recording. The Register of Deeds of the County shall not record any plat until such plat is approved by the Planning Commission and the Governing Body as provided herein.

(C) Vacation of Plats. Any plats or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated. Such an instrument shall be approved by the Planning Commission in like manner as plats of a subdivision. The Governing Body, however, may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets, or alleys. Such an instrument shall be executed, acknowledged or approved, and recorded or filed, in like manner as plats of a subdivision; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, and public grounds, and all dedications laid out or described in such plat. When lots have been sold, the plat may be vacated in the manner herein provided by all owners of lots in such plat joining in the execution of such written instrument.

(D) Vesting of Development Rights.

(1) For the purpose of single-family residential development, development rights in such land use shall vest upon recording of a plat of such land. If construction is not commenced on such land within five years of recording a plat, the development rights in such shall expire.

(2) For all purposes other than single-family developments, the right to use the land for a particular purpose shall vest upon the issuance of all permits required for such use by the Zoning Administrator provided construction has commenced and substantial amounts of work have been completed under a valid permit.

19-10-3 Application Procedure and Approval Process.

(A) Preapplication Requirements. Prior to the filing of a sketch plans or preliminary plat, the subdivider shall contact the Zoning Administrator to determine:

(1) Subdivision requirements.

(2) Procedure for filing his or her plat.

(3) Availability of an approved public sewerage system and public water system.

(4) Reservation Land Use Plan requirements for major streets, land use, parks, easements, schools, and public open spaces.

(5) Zoning requirements for the property being subdivided and adjacent properties.

(B) Sketch Plan. The subdivider is encouraged to submit a sketch plan in order to receive the pre-plat comments of the Planning Commission. Such numbers of copies of the plan, as may be determined necessary by the Planning Commission, shall be submitted to the Administrator at least ten (10) days prior to the next regular meeting of the Planning Commission. The sketch plan may be in a simple format sufficient in content to show the general location of the subdivision; the existing and proposed location of streets, lots, utilities, public services areas, such as parks and schools; and any significant physical features; and to note any particular site design problems. A narrative description of existing conditions and development proposals may supplement the plan. Following Planning Commission review, the Administrator shall, within fifteen days, advise the subdivider of the results of the review.

(1) After reaching the preliminary conclusions regarding requirements of the proposed subdivision, the subdivider shall submit a preliminary plat together with required supplementary information to the Zoning Administrator. The plat and accompanying documentation shall be filed with the Administrator at least twenty (20) days prior to the next regular meeting of the Planning Commission. The subdivider shall submit such number of copies of the preliminary plat as may be determined necessary by the Planning Commission for proper review by affected and interested governmental and public and private organizations.

(2) After the filing of the preliminary plat, the Administrator shall distribute copies to affected and interested governmental, public, and private organizations as appropriate. Organizations receiving copies shall have fifteen (15) days to review the preliminary plat and to make their report and recommendations to the Planning Commission. A lack of response within fifteen (15) days, at the discretion of the Planning Commission, signify approval.

(3) The Planning Commission shall review the preliminary plat and submitted recommendations to determine compliance with these regulations, zoning regulations, and the Reservation Land Use Plan. If all considerations are satisfied, the Planning Commission shall approve, by signature, the preliminary plat.

(4) If the Planning Commission determines that the preliminary plat does not satisfy the applicable requirements, it may:

(a) Allow the subdivider to amend the preliminary plat so as to incorporate such modification and resubmit the preliminary plat to the Planning Commission. After resubmission the Planning Commission shall grant its approval provided that all modifications are made under the original agreement.

(b) The subdivider may reject the suggested modifications, or within the allowed time limits, may refrain from taking action. In either case, the effect shall be disapproval and the Planning Commission shall furnish the subdivider with a written statement setting forth the reasons for disapproval.

(5) In any event, the Planning Commission shall approve or disapprove the preliminary plat within sixty (60) days from the date of filing such plat or from the date the subdivider has submitted the last item of required information, whichever date is later unless such time is extended by mutual consent.

(6) The subdivider may appeal the disapproval of his or her preliminary plat to the Governing Body. Such appeal shall be made in writing and filed with the Administrator within sixty (60) days after the date the Planning Commission issues its disapproval of the preliminary plat.

(7) Approval of the preliminary plat shall have the following effects:

(a) Such approval shall be considered permission to submit the final plan or plat.

(b) Approval for submission shall be effective for no more than one (1) year from the date approval was granted but an extension of time may be granted for good cause for a maximum period of six (6) months.

(D) Final Plat – Fee and Trust Land.

(1) A final plat, together with a sufficient number of copies as determined by the Planning Commission, shall be filed within twelve (12) months of the date of the approval of the preliminary plat. The application for approval shall be filed with the Administrator at least twenty (20) days prior to the next regular meeting of the Planning Commission.

(2) With the approval of the Planning Commission, the final plat may be for the entire area of the preliminary plat, or it may be developed and submitted as separate units, provided at least one (1) such unit shall be filed within twelve (12) months, and all of the tract shall be final platted within five (5) years, unless an extension of time has been granted by the Planning Commission. Any such extension shall be for no more than one (1) year.

(3) The Planning Commission shall, within sixty (60) days after the final plat has been filed, review and approve the final plat if:

(a) It is substantially the same as the proposed preliminary plat;

(b) There has been compliance with all conditions which may have been attached to the approval of the preliminary plat;

(c) It complies with all of the provisions contained in these regulations and of other applicable regulations or laws; and

(d) The subdivision or resubdivision of the tract of lots does not place an existing permanent structure in violation of the requirements of the zoning regulations.

(4) If the Planning Commission fails to act on the final plat within sixty (60) days after it has been submitted for approval, it shall be deemed to have been approved unless the subdivider shall have consented in writing to extend or waive such time limitation.

(5) Before a final plat is recorded, it shall be submitted to the Governing Body for its approval and acceptance of dedications for streets and other public ways, service and utility easements, and any land dedicated for public use. If the Governing Body disapproves the final plat, they shall advise the subdivider in writing of the reasons for such disapproval.

(6) The Governing Body shall either approve or disapprove the final plat within sixty (60) days after it has been submitted to them for final approval. If they fail to act on the final plat within sixty (60) days, it shall be deemed to have been approved unless the subdivider has consented in writing to extend or waive such time limitation.

(7) The final plat of fee land, with all required signatures and in the exact form as approved by the Governing Body, shall be recorded by the subdivider with the County Register of Deeds. The subdivider shall pay the recording fee. Approval of the final plat by the Planning Commission and the Governing Body shall be null and void if the plat is not acceptable for recording in the office of the Register of Deeds or is not recorded within sixty (60) days after final approval by the Governing Body. The Register of Deeds shall reproduce copies of the recorded plat for the record keeping purposes of the Nation and other governmental agencies.

The final plat of trust land, with all required signatures and in the exact form as approved by the Governing Body, shall be filed by the subdivider with the Tribal Land Office. The subdivider shall pay any administration fee permitted by applicable law. Approval of the final plat by the Planning Commission and the Governing Body shall be null and void if the plat is not acceptable for filing in the office of the Tribal Land Office, not acceptable for filing with the BIA Land Title and Records Office (LTRO) or is not filed within sixty (60) days after final approval by the Governing Body. The Tribal Land Office shall reproduce copies of the recorded plat for the record keeping purposes of the Nation and other governmental agencies. Within thirty (30) days of filing, the Tribal Land Office shall file the final plat with the LTRO.

(E) Small Tract Platting Procedure.

(1) For certain small tracts, the Planning Commission may approve an abbreviated platting process not requiring submittal of either a sketch plan or a preliminary plat. To qualify for the abbreviated procedure, the proposed subdivision shall comply with the following requirements:

(a) The subdivision shall not include more than ten (10) acres for a residential development, or more than five (5) acres for any other type of development.

(b) The proposed subdivision shall not create more than five (5) lots, tracts, or parcels of land.

(c) The plat shall not create new streets or access easements or other improvements requiring dedication of public spaces.

(d) The plat shall be prepared in the manner required for final plats by these regulations, including all information, documentation, and certifications.

(e) The plat shall be filed for processing and approval in the same manner as required for preliminary and final plats by these regulations.

(2) In order to facilitate the processing and review of plats qualifying for the abbreviated process the Zoning Administrator may require the subdivider to submit supplemental information with the plat, particularly where there are special site conditions such as watercourses or other unique features. Sufficient copies of the plat and supplemental information shall be submitted, as determined by the Zoning Administrator, to allow for review by affected and interested governmental units and the general public.

(3) The approval process for plats filed under the abbreviated procedure shall be the same as that specified by these regulations for a final plat, except for the requirement of an approved preliminary plat.

(Amended by PBP TC No. 2022-306, November 2, 2022)

19-10-4 Documentation Required For Preliminary And Final Plats.

(A) Preliminary Plat. The preliminary plat shall be prepared by a registered land surveyor, licensed engineer, or registered landscape architect drawn to scale of not more than one hundred (100) feet to an inch on a sheet with dimensions of twenty-four (24) by thirty-six (36) inches. Sheets shall be numbered in sequence if more than one (1) sheet is used. The plat shall contain the following:

(1) Name

(a) Name of subdivision if property is within an existing subdivision.

(b) Proposed name if property is not within a previously platted subdivision. This name shall not be so similar to any existing subdivision name as to cause confusion.

(2) Ownership

(a) Name, address, and telephone number of the legal owner or agent of the property and citation of last instrument conveying title to each parcel or property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference.

(b) Citation of any existing legal rights-of-way or easements affecting the property.

(d) Name, address, and telephone number of the professional person responsible for surveys, subdivision design, and for the design of public improvements.

(e) The name and address of the subdivider if other than the owner.

(3) Legal description of property by government lot or by section, township, and range.

(4) General Information

(a) North arrow, graphic scale, written scale, and date of preparation.

(b) A vicinity map showing streets and other general development of the surrounding area.

(c) Sufficient data acceptable to the Zoning Administrator to determine readily the location, bearing, and length of all lines, and to reproduce such lines on the ground; the location of all proposed monuments.

(5) Existing Conditions

(a) Location of property lines and names of all adjoining property owners from the latest assessment rolls. The location of existing easements, burial grounds, railroad rights-of-way, watercourses, and wooded areas.

(b) Location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract and the location and width of proposed streets.

(c) Location and sizes of existing sewers, water mains, culverts, wells, septic tanks, and other underground structures within the tract and immediately adjacent thereto; existing permanent building and utility poles on or immediately adjacent to the site and utility rights-of-way.

(d) If other than public systems are proposed, preliminary proposals for alternative means of providing water supply and sanitary waste treatment and disposal; preliminary provisions for collecting and discharging surface water drainage.

(e) The location of pertinent features such as swamps, parks, bridges, and towers. The flood fringe and floodway of any floodplain shall be identified.

(f) Whenever the plat covers only a part of an applicant’s contiguous holdings, the applicant shall submit, at a scale of not more than two hundred (200) feet to the inch, a sketch of the proposed subdivision area, together with its proposed street system and an indication of the probable future street and drainage system of the remaining portion of the tract.

(g) The location, bearings, and dimensions of all boundary lines of the property to be expressed to the nearest foot; this boundary survey shall be prepared by a registered land surveyor.

(h) Contour lines or spot elevations based on Mean Sea Level (MSL) or other datum approved by the Planning Commission having the following intervals:

(i) Two (2) foot contour intervals for ground slopes less than ten (10) percent.

(ii) Five (5) foot contour intervals for ground slopes exceeding ten (10) percent.

(iii) Spot elevations where the ground slopes are too flat for contours.

(i) The date of the topographic survey(s) shall be shown including the location, elevation, and description of the bench mark controlling the vertical survey and the location of existing monuments and survey markers.

(6) Proposed Changes to Property

(a) The location and dimensions of all proposed and existing lots expressed to the nearest foot.

(b) Names of all new streets.

(d) The locations and dimensions of all property proposed to be set aside for park and playground use, or other public or private reservation, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation.

(e) Blocks shall be consecutively numbered. All lots in each block shall be consecutively numbered.

(f) A statement of the use of any lot as proposed by the applicant.

(g) Explanation of drainage easements, site assessments, and reservations, if any.

(h) A statement as to the general nature and type of improvements proposed for the subdivision, and in what manner the subdivider intends to finance and provide for their installation, e.g., petition, actual construction, monetary guarantee, etc.

The lack of information under any specified item herein, or improper information supplied by the applicant, shall be cause for disapproval of a preliminary plat.

(B) Final Plat.

(1) The final plat shall be submitted in the form of an original drawing in waterproof ink on mylar or other polyester drafting film drawn to a scale no smaller than one (1) inch to one hundred (100) feet on a twenty-four (24) by thirty-six (36) inch sheet. The final subdivision plat shall be prepared by a registered land surveyor. It is desirable that the drawing of the final plat appear on a single sheet. When this is impossible, a small scale key map shall appear on the first sheet showing the entire area platted and the sheet on which each platted area appears. All revision dates must be shown as well as the following.

(a) Name of subdivision.

(b) A vicinity map showing the location of the subdivision relative to adjacent subdivisions, tracts, and other area development.

(d) The perimeter boundary lines of the subdivision showing all property corners, land lines, distances, bearings, and angles, and other references used in the legal description of the tract. The boundary of the platted areas should be accurately indicated by a heavy solid line.

(e) All lot lines, rights-of-way lines, streets, and easements shall be shown with their dimensions to the nearest one hundredth (.01) of a foot and in actual respective location.

(f) All easements shall be denoted by fine dashed lines, clearly identified, and if already on record, the recorded reference of such easements. If an easement is not definitely located on record, a statement of such easement shall be included. The width of the easement with sufficient ties to locate it definitely with respect to the subdivision must be shown. If the easement is being dedicated through the plat map, it shall be properly referenced in the owner’s certificate of dedication and identification.

(g) Block numbers or letters continuing consecutively without omission or duplication throughout the subdivision. Such identification shall be solid, of sufficient size and thickness to stand out, and so placed as not to obliterate any figure.

(h) Lot numbers beginning with the number one and numbered consecutively in each block.

(i) Minimum front yard setback lines as established by applicable zoning regulations or other regulations or more restrictive setbacks if desired by the subdivider. The width of the portion of the streets being dedicated and the width of any existing right-of-way.

(j) The name of each street shown on the subdivision plat.

(k) Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots or tracts intended for sale.

(l) Protective covenants, if any, shall be lettered on the final plat or submitted on a separate sheet with appropriate references made on the final plat and signed by the subdivider and/or owner.

(m) Any restrictions in addition to the protective covenants shall be lettered on the plat.

(n) The flood fringe and floodway of any floodplain shall be identified on the plat.

(o) North arrow, graphic scale, written scale, and date of preparation.

(p) Sufficient information shall be shown on the plat to allow an experienced surveyor to locate or relocate all points and lines shown on the plat, including all pertinent curve data. The error of closure of the boundaries of any enclosed area within the plat shall not exceed one (1) foot in three thousand (3,000) feet.

(2) Prior to filing the final plat of fee land with the Register of Deeds, all boundary, block, and lot corners shall be marked by iron monuments no smaller than three-quarters (3/4) inch in diameter and two (2) feet in length, driven into the ground flush with the existing ground surface. Subdivision boundary corners shall be monumented with an iron bar no smaller than three-quarters (3/4) inch in diameter and thirty (30) inches in length, set rigidly in concrete.

Prior to filing the final plat of trust land with the Tribal Land Office, all boundary, block, and lot corners shall be marked by iron monuments no smaller than three-quarters (3/4) inch in diameter and two (2) feet in length, driven into the ground flush with the existing ground surface. Subdivision boundary corners shall be monumented with an iron bar no smaller than three-quarters (3/4) inch in diameter and thirty (30) inches in length, set rigidly in concrete.

(3) The certificates below, duly signed as appropriate, shall appear on the final plat upon its submittal.

(4) The final plat shall also contain all other certifications, approvals and acceptances which are now, or which may hereafter be, required by any statute or regulation. The form of these certifications may be modified as necessary by the Prairie Band of Potawatomi’s legal council to meet statutory or other requirements.

(5) It shall be the responsibility of the subdivider to file the plat of fee land with the County Register of Deed’s office within sixty (60) days of the date of signature. If the plat is not recorded within sixty (60) days, the Planning Commission may rescind their approval of the plat.

It shall be the responsibility of the subdivider to file the plat of trust land with the Tribal Land Office within sixty (60) days of the date of signature. If the plat is not filed within sixty (60) days, the Planning Commission may rescind their approval of the plat.

SURVEYOR’S CERTIFICATE
STATE OF ___________________________________	)
	) ss
COUNTY OF _________________________________	)

I, the undersigned, do hereby certify that I am a registered land surveyor in the State, with experience and proficiency in land surveying; that the heretofore described property was surveyed and subdivided by me, or under my supervision; that all Subdivision Regulations of the Prairie Band of Potawatomi Indian Nation have been complied with in the preparation of this plat; and that all of the monuments shown herein actually exist and their positions are correctly shown to the best of my knowledge and belief.
Given under my hand and seal at __________,
his ____ day of ________________, A.D.


_________________________________

ABSTRACTOR’S CERTIFICATION OF OWNERSHIP
STATE OF ___________________________________	)
	) ss
COUNTY OF _________________________________	)

I the undersigned, being a duly licensed and bonded abstractor or an authorized representative thereof, hereby certifies that the above is the legal owner(s) of the property shown on this plat.

Dated this _____ day of _____________, A.D. ______.

PLANNING COMMISSION CERTIFICATE
STATE OF ____________________________________	)
	) ss
COUNTY OF _________________________________	)
This plat was approved by the Prairie Band of Potawatomi Planning Commission on this _______ day of __________, _____, and was recommended for approval by the Prairie Band Potawatomi Tribal Council.
Date Signed: ____________________________________________
__________________________________, Chairperson
Date Signed: ____________________________________________
ATTEST: ___________________________________, Secretary
_________________________________________

TRANSFER RECORD
Entered on transfer record this ____ day of _______, ____.
	________________________
	Chairperson

PRAIRIE BAND OF POTAWATOMI
TRIBAL COUNCIL CERTIFICATE
STATE OF ____________________________________	)
	) ss
COUNTY OF _________________________________	)
This plat was approved and all dedication shown on this plat, if any are hereby accepted by the Prairie Band of Potawatomi Tribal Council this ______ day of _________________, ______.
____________________________________, Chairperson
(SEAL)
___________________________________, Vice-Chairperson
___________________________________, Secretary

_____________________________________________________________________

REGISTER OF DEEDS CERTIFICATE
STATE OF ____________________________________	)
	) ss
COUNTY OF _________________________________	)
This is to certify that this instrument was filed for record in the Register of Deeds Office, at __ a.m./ p.m. on the _____ day of _____________, A.D. ______.
(SEAL)
________________________________, Register of Deeds

COUNTY CLERK CERTIFICATE
STATE OF ____________________________________	)
	) ss
COUNTY OF _________________________________	)
I do hereby certify that there are no delinquent general taxes, no unpaid current general taxes, no unpaid forfeited taxes, and no redeemable tax sales against any of the land included in this plat.
I further certify that I have received all statutory fees in conjunction with this plat.
Given under my hand and seal at ____________________,
__________, this ___ day of ____________, A.D. ______.
_______________________________
County Clerk

(Amended by PBP TC No. 2022-306, November 2, 2022)

19-10-5 Minimum Design Standards.

(A) General Guidelines.

(1) In addition to the requirements established herein, all subdivision plats shall comply with all applicable resolutions of the Prairie Band of Potawatomi Nation, and all policy documents of the Nation, including all streets, drainage systems and parks shown on the Land Use Plan or other officially adopted plan; any rules of the Potawatomi Sanitation and Environmental Code, Solid Waste Management Code, or other applicable Codes. Such plats shall also comply with all applicable rules, regulations, codes, requirements or other applicable laws.

(2) Subdivision plats shall conform to the following general guidelines:

(a) All portions of the tract being subdivided, unless otherwise permitted, shall be designed as lots, streets, planned open spaces, or other uses to avoid creation of vacant landlocked spaces.

(b) Subdivisions and land developments shall be laid out so as to avoid the necessity for excessive cut and fill.

(c) Whenever possible, developers shall preserve trees, groves, waterways, scenic points, historic sites, and other natural assets and landmarks.

(d) Land subject to flooding or other hazards to life, health, or property, and land deemed to be unsuitable from the standpoint of geology, soil conditions, or topography, shall not be platted for residential occupancy or other such purposes as may increase danger to health, life, or property, nor aggravate erosion or flood hazard, unless all such hazards are properly mitigated through the subdivision planning process, as hereinafter provided.

(e) All subdivisions shall have frontage on and direct access to a public right-of-way.

(B) Public Facility Requirements.

(1) In reviewing subdivision plans, the Planning Commission will consider the adequacy of existing or proposed facilities to serve the additional dwellings proposed by the subdivision.

(2) Where deemed essential by the Planning Commission, upon consideration of the particular type of development proposed and especially in large scale residential developments, the Planning Commission may require the dedication or reservation of such areas or sites of an extent and location suitable to the needs created by the use proposed.

(3) Areas provided for or reserved for community facilities shall be adequate to provide for building sites, landscaping, and off-street parking, as appropriate to the use proposed.

(4) Areas set aside for recreational purposes, such as playgrounds in manufactured home parks, shall be of adequate size and configuration to accommodate the intended use. They should be so located as to serve all the residents, and in large developments, more than one such area may be required to serve all the residents in close proximity to their dwellings.

(1) Land which the Planning Commission finds to be unsuitable for subdivision or development, due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of inhabitants of the land and surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning Commission to solve the problems created by the unsuitable land conditions.

(2) No land subject to flood having a chance occurrence in any one year of one percent, including, but not limited to, areas identified by the Federal Flood Insurance Administration as having special flood hazards, shall be subdivided for residential use or any other use which would be incompatible with such flooding except as provided below:

(a) Land subject to periodic flooding, or which has inadequate drainage, may be subdivided only if improvements or structures are designed by an engineer so as to assure adequate flood proofing. Proposals for subdivision of land in such areas shall include engineering evidence that the proposed development will:

(i) Not unduly restrict or block the conveyance of flood water.

(ii) Not result in an increase in height of the flood water of more than one (1) foot.

(iii) Require residential structures to have the lowest floor (including basement) to be at least one (1) foot above such flood level or non-residential structures to be elevated or flood-proofed to at least one (1) foot above such flood level.

(iv) Meet all zoning requirements for identified flood hazard areas.

(b) New or replacement water supply and/or sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. It is also required that on-site sewage disposal systems shall be located so as to avoid their impairment or contamination during flooding.

(c) Proposals for development of land subject to excessive erosion by the forces of wind and/or water shall include necessary preventive measures as a part of the subdivision platting process. Conservation standards, endorsed by the County Conservation District shall be incorporated as appropriate.

(D) Streets, Alleys, and Public Ways.

(1) The arrangement, character, extent, width, grade, and location of all streets shall conform to the intent of transportation plans, and shall be considered in their relation to existing and planned streets; to reasonable circulation of traffic within the subdivision and adjoining lands; to topographical conditions; to runoff of storm water; to public convenience and safety; and in their appropriate relations to the proposed uses of the land to be served by such streets.

(2) Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage, and suitable building sites.

(3) Dead end streets shall be prohibited, except as stubs, to permit future street extensions into adjoining tracts or when designed as cul-de-sacs with turnaround provisions.

(4) Stub streets, greater in length than one lot depth, shall be provided with a temporary turnaround to the standards required for cul-de-sacs, or shall be paved to the full width of the right-of-way for the last fifty (50) feet of their length.

(5) Cul-de-sacs shall meet the following minimum standards:

(a) The maximum length of a cul-de-sac shall be five hundred (500) feet, but a length of one thousand (1,000) feet may be approved by the Planning Commission if conditions warrant.

(b) Cul-de-sacs shall have at the closed end a turnaround with a right-of-way having a minimum outside radius of not less than sixty (60) feet and shall be surfaced to a radius of not less than forty-eight (48) feet.

(6) Where lots front or side, but do not back, on railroad rights-of-way, major streets, or highways, a marginal access street, or frontage road shall be provided, parallel and adjacent to the boundary of such right-of-way. The distance of the street from said right-of-way shall be determined with due consideration given to the minimum distance required for approach connections to future grade separations or intersections. The right-of-way of such frontage road shall be sixty (60) feet, unless otherwise approved.

(7) The Planning Commission may recommend to Governing Body that the requirement for a frontage road be waived if:

(a) Existing physical conditions make it improbable that a frontage road would be constructed.

(b) A hardship is created and the full use of the property cannot be obtained for lots or tracts that existed prior to the effective date of these regulations.

(8) Dedication of half-streets will not be approved, except where it is essential to the reasonable development of the subdivision and is in conformity with the approved major street plan and other requirements of these regulations. In addition, satisfactory assurance that dedication of the remaining part of the street will occur in a reasonable length of time will be required.

(9) All streets, alleys, and public ways included in any subdivision, hereafter dedicated and accepted, shall be not less than the minimum dimensions for each classification as follows:

STREET CLASSIFICATION	ROW FOR STREET	SURFACE WIDTH
Arterials	100 feet	32 feet
Collectors	80 feet	30 feet
Local Streets, including Cul-de-sacs	60 feet	24 feet
Local Marginal Access Streets:
One-Way	50 feet	20 feet
Two-Way	60 feet	22 feet
Alleys	20 feet	20 feet

(10) These minimum dimensions may be modified by the Governing Body, as necessary, to allow for special conditions such as parallel drainage and roadway systems, utility requirements, provision for pedestrian movement, grade problems, intersection design, and similar considerations in the process of establishing a safe and efficient street system.

(11) To insure proper street layout and function, street alignment shall conform to the following:

(a) Whenever street lines are deflected in excess of five (5) degrees, connection shall be made by horizontal curves.

(b) Residential streets should approach major streets at an angle of not less than eighty (80) degrees or more than one hundred (100) degrees.

(c) Whenever possible, there shall be an inside tangent at least one hundred (100) feet in length between reverse curves on arterial and collector streets.

(d) Streets shall be laid out so as to provide for horizontal sight distances on all curves depending upon design speed. These distances shall be:

Arterial Streets:	500 feet
Collector Streets:	300 feet
Local Streets:	200 feet

The sight distance shall be measured within street rights-of-way from a height of four and one-half (4 1/2) feet above the proposed pavement surface in the right-hand lane of the roadway.

(e) Street jogs should be avoided on arterial and collector streets. On local streets, centerline offsets of less than 150 feet should be avoided.

(f) Multiple street intersection involving junction of more than two (2) streets shall be avoided. Where this proves impossible, such intersection shall be designed with extreme care for both pedestrian and vehicular safety.

(12) Street and roadway grades should not exceed the following recommended standards:

(a) Centerline grades should not be less than one (1) percent.

(b) The maximum street grades for residential streets should be no greater than ten (10) percent.

(13) No street names shall be used which will duplicate or be confused with the names of existing streets. Existing street names shall be used where they are or would be logical extensions of existing streets even though separated by undeveloped land.

(14) Clear sight triangles of fifty (50) feet measured along the street right-of-way lines from their points of junction shall be provided at all intersections, and no obstruction shall be higher than two (2) feet above the centerline within the sight triangle.

(15) Alleys shall conform with the following standards:

(a) Alleys shall be provided in commercial and industrial areas, except that the Planning Commission may recommend waiving this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading, and parking spaces consistent and adequate for the uses proposed. Alleys in residential districts are discouraged.

(b) When provided, the minimum width of an alley shall be twenty (20) feet.

(c) Alley intersections and sharp changes in alignment shall be avoided, but where necessary, a turning radius shall be provided to permit safe vehicular movement.

(d) Dead end alleys shall be avoided where possible, but if unavoidable, such alleys shall be provided with adequate turnaround facilities at the dead end.

(16) Where alleys are not provided, permanent easement of not less than ten (10) feet in width shall be provided on rear lot lines, and on side lot lines where necessary, for utility poles, wires, and conduits; sanitary sewers; gas, water, and heat mains; and other public right-of-way at least fifteen (15) feet in width.

(a) A twelve (12) foot temporary construction easement shall be provided on each side of the permanent easement required above for initial construction of water, sewer, and other utility lines.

(b) Where a lot or group of lots side or back on an existing high pressure oil line or existing high pressure gas line, a seventy-five (75) foot easement shall be provided on each side of said oil or gas line. The seventy-five (75) foot easement shall be provided on that part of the lot which abuts the oil or gas line and no building or structure shall be located or constructed within said seventy- five (75) foot easement.

(17) If a subdivision is traversed by a watercourse, drainage way, or channel, a storm water easement or drainage right-of-way shall be provided. Such easement or right-of-way shall conform substantially to the lines of such watercourse and shall be of such width or construction, or both, as may be necessary to provide adequate storm water drainage and for access for maintenance purposes.

(E) Blocks.

(1) The length, width, and shape of blocks shall be determined with due regard to the following:

(a) Provision of adequate sites for types of buildings proposed.

(b) Zoning requirements as to lot size, dimension, and minimum lot area per dwelling unit.

(d) Requirements for safe and convenient vehicular and pedestrian circulation and access.

(e) The limitations and characteristics of the soil and slope relative to the requirements for the installation of septic lateral fields, package processing plants, and sewerage holding lagoons.

(2) Blocks should not exceed one thousand three hundred twenty (1,320) feet in length unless topographic conditions justify a variation. In general, blocks shall not be less than three hundred (300) feet unless necessary because of existing street patterns.

(3) All blocks shall be so designed so as to provide two tiers of lots, unless a different arrangement is required in order to comply with or be permitted by other sections of these regulations.

(4) Blocks may be irregular in shape, provided they are harmonious with the overall pattern of blocks in the proposed subdivision.

(5) In extra long blocks, a public pedestrian way may be required to provide access to public or private facilities such as schools or parks.

(F) Lots.

(1) Lot size, width, depth, shape, orientation, and building line setbacks lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

(2) Lot dimensions shall conform to the minimum standards of any applicable zoning regulations or sanitary code based on availability of a public water supply and/or a public sewer system, unless higher standards are required in accordance with these regulations.

(3) As a general guideline, the maximum depth of lots shall not exceed two and one-half (2 1/2) times the width thereof.

(4) There shall be no double frontage lots except where the lots abut upon a limited access highway or arterial street or where the topography of the land prevents reasonable subdivision otherwise.

(5) Corner lots shall have extra width where necessary to permit appropriate building setback from and orientation to both streets.

(6) Side lines of lots shall be at right angles or radial to the street line, or substantially so.

(7) Residential lots shall front on a residential street, existing or proposed, and this requirement shall not be satisfied by providing an access easement to the street.

19-10-6 Dedication or Reservation of Public Sites and Open Spaces.

(A) Determination of Need. In subdividing land, due consideration shall be given by the subdivider to the dedication or reservation of sites for schools, parks, playgrounds, and other public areas or open spaces. Any areas so dedicated or reserved shall conform with the recommendation of the Land Use Plan and to the recommendations of the Planning Commission. All areas to be reserved for, or dedicated to, the public use shall be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the appropriate agency.

(B) Dedication of Sites. After proper determination of its necessity by the Planning Commission, and the appropriate official or public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site may be dedicated by the applicant to the Prairie Band of Potawatomi Nation or other appropriate agency on the final plat.

19-10-7 Required Improvements.

(A) Improvement Provisions. As a condition to the approval of the final plat, the subdivider shall agree to install, or provide for the installation of, the following necessary facilities and improvements:

(1) All roadways, alleys, curbs, gutters, and street drainage facilities in the subdivision in accordance with standard specifications provided by the Governing Body. All paved streets shall be constructed of concrete, asphalt, or asphaltic concrete. Unpaved rural type roadways may be constructed with gravel or sanded surface. If other than gravel or sanded surface materials are used, urban construction standards shall govern. Streets may require cooperative agreements for maintenance. Sidewalks, when required, shall be constructed in accordance with specifications provided by the Governing Body under the following conditions:

(a) Although not normally required, the Planning Commission may require sidewalks when needed to service pedestrian traffic flow leading to schools, parks, shopping areas, or places of public assembly.

(b) Sidewalks shall be constructed adjacent to property lines, here possible.

(2) Sanitary Sewer Systems.

(a) Wherever sanitary sewers are to be installed, laterals, mains, submains, and treatment facilities shall be constructed at the direction of the Governing Body subject to regulations and standards of the Potawatomi Sanitation and Environmental Code.

Whenever septic tank and tile fields are to be used on individual lots, the determination of the suitability of the lot(s) and the standards for installation shall be governed by the regulations and standards of the Potawatomi Sanitation and Environmental Code. If lagoon systems are used, the determination of the suitability of the lot(s), the standards for installation, and approval of the installation shall be governed by the Potawatomi Sanitation and Environmental Code.

(3) Wherever a public water supply system is required to be constructed by these regulations, such consideration shall be in accordance with the standards set by the applicable agency supplying the water. In all other areas, a water supply shall be provided which meets the standards of the Potawatomi Sanitation and Environmental Code.

(4) Fire hydrants, in accordance with the standards of the applicable water supplier, but not less than the minimum standards of the National Board of Fire Underwriters, shall be provided wherever there shall be constructed a water supply system capable of sustaining fire hydrant service.

(5) A storm drainage system shall be provided, separate, and independent of the sanitary sewer system, meeting all of the standard specifications provided by the Governing Body. Such storm drainage shall be connected to any existing storm drainage system, where available, or if such connection is not available, other adequate means for the discharge shall be provided into the nearest major water channel.

(6) Street signs of such location, type, and size as shall be approved by the Governing Body, giving due regard to the prevailing type, size, and pattern of location utilized in the area.

(7) Underground wiring for electric power, street lights, and telephone service is encouraged, but not required.

(8) Where landscaping of public areas is to be provided or the screening of private areas be required, a planting plan shall be submitted and the landscaping installed.

(B) Relocation of Existing Facilities. Whenever existing sanitary or storm water sewers, water lines, drainage channels, culverts, underground or overhead electric and communication lines, gas lines, pipe lines, or transmission lines are required to be relocated due to the subdivision or construction of improvements required as a condition of approval of the subdivision, and in the event such was not known at the time of subdivision approval for any reason, provision for such relocation shall be the sole responsibility of the subdivider.

(C) Erosion Control. Where required, applicable measures will be taken during construction to minimize soil erosion or sedimentation by wind or water. Conservation standards shall be observed as recommended by the County Conservation District.

(D) Existing Improvements.

(1) Where there are improvements already existing on site which do not meet the quality parameters of these regulations, the subdivider shall provide for repair, correction, or replacement, as needed, so that all improvements will meet established requirements.

(2) Where the proposed subdivision contains or abuts any existing public street of less than the minimum required right-of-way width or roadway width, the subdivider may be required to dedicate additional land in order to allow for street right-of-way width and roadway pavement meeting the minimum standards set by these regulations.

(E) Financing of Required Improvements.

(1) When the construction or installation of street improvements, central sanitary sewerage system, storm sewer system, or other drainage improvements are required to serve the proposed development within a subdivision, a prerequisite for approval of the final plat shall be the submission of a plan specifically setting forth the extent, time schedule, and method of financing such construction or installation as proposed by the owner or developer. The plan shall show the quantity, quality, and geometric details of the proposed construction or installation, which shall meet or exceed the standards set forth in these Subdivision Regulations and the Potawatomi Sanitation and Environmental Code.

(2) Upon final approval of plans and specifications for required improvements, the subdivider shall enter into an agreement with the Governing Body under which the subdivider agrees to install such required improvements. Such agreement shall be conditioned upon the approval of the final plat by the Governing Body.

(3) Simultaneously with the execution of the agreement, unless otherwise approved, the subdivider shall furnish a corporate completion bond by a firm authorized to do business in the State with good and sufficient sureties thereon, or a cashier’s check, escrow account, or irrevocable letter of credit in favor to the applicable Governing Body, in the amount of the estimated cost as approved by the official responsible for setting and enforcing the applicable design and construction standards of the installation of the required improvements. Such financial guarantee shall be conditioned upon the approval of the final plat and further conditioned upon the actual completion and satisfactory installation of such required improvements within two (2) years from the date that the final plat is approved by the Governing Body.

(4) As an alternative method of providing for financing of improvements, petitions to the Governing Body may be submitted as a means of guaranteeing to such Governing Body the authority to install improvements at such time as they deem appropriate. Petitions may be submitted only when the following conditions exist:

(a) The petitions, to be secured from the Governing Body, must be valid petitions as may be provided for under applicable law.

(b) The petitions must be approved by the Governing Body, concurrent with the approval and acceptance of the final plat.

(c) The initiating resolution for such improvements must be adopted by the Governing Body concurrently with the petition approval or as soon as thereafter as may be provided by law. The cost of the publication of said resolution shall be borne by the subdivider.

(d) The initiating resolution must be recorded with the appropriate government agency after it has been adopted by the Governing Body showing that the land described in the resolution will be liable in the future for special assessments for the improvements authorized. For recording purposes, if the improvements involve fee land, the resolution is recorded with the County Register of Deeds and if the improvements involve trust land, the resolution is recorded with the BIA LTRO.

(5) The subdivider shall, prior to the approval of the final plat, submit a letter from the utility(ies) involved stating that satisfactory arrangements have been made by the subdivider guaranteeing the installation of their respective services.

(F) Installation of Improvements.

(1) Plans and Specifications Required.

Where installation of improvements by the petition method has not been authorized, the subdivider shall be responsible for submission of engineering drawings and specifications meeting the requirements of these regulations, and subject to approval of the Governing Body. Such plans and specifications shall be prepared by a licensed engineer and shall be submitted in duplicate to the Zoning Administrator at least fifteen (15) days prior to the date of anticipated final plat approval. Failure to do so shall be considered consent for extension of any time limitation for plat approval by the Governing Body.

(2) Content of Plans and Specifications.

(a) Construction documents for installation of improvements shall contain all information necessary for installation of improvements in accordance with applicable standards and guidelines. In general, these documents shall contain plans, profiles, details, specifications, and cost estimates, as appropriate, for the following:

(i) Roadways, alleys, and sidewalks.

(ii) Storm drainage improvements.

(iii) Water supply and distribution systems.

(iv) Sanitary sewerage systems.

(v) Any additional utilities not the responsibility of the service company.

(b) Engineering plans, profiles, details, and specifications shall be prepared at such scale and in such format as may be approved by the Governing Body.

(c) The engineer, official, or agency responsible for determining specifications and standards shall review all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and comply with established design standards. The reviewing official shall forward to the Planning Commission the results of the review process.

(d) The Planning Commission and Governing Body shall not approve a final plat until the engineering documents have been approved, or petitions, if authorized, have been properly filed.

(3) Construction of Improvements.

(a) All improvements installed shall be subject to inspection and approval by the engineer or official designated by the Governing Body. The subdivider shall provide at least forty-eight (48) hours notice prior to any inspection work.

(b) After the final inspection is made and before acceptance of the improvement by the applicable Governing Body, the subdivider shall file a statement certifying that all obligations incurred in the engineering and construction of the improvement involved have been properly paid and settled.

(c) Upon proof of compliance with the requirements of these regulations and all other standards and guidelines, the Governing Body shall, by resolution, accept the improvements. Upon approval and acceptance, the improvements, where applicable, shall become the property of the appropriate Governing Body or utility company.

(Amended by PBP TC No. 2022-306, November 2, 2022)

19-10-8 Lot Split Procedure.

(A) Authority for Approval. The Planning Commission shall have authority to approve or disapprove lot splits in accordance with these regulations.

(B) Application.

(1) An application for a lot split approval shall be made to the Administrator by the owner of the land. Four (4) copies of a drawing, to scale, of the lots involved if there are not structures on the lot, or four (4) copies of a survey if there are structures on the lot, showing the precise location of structures thereon and the location and dimensions of the split, shall accompany the application.

(2) No lot split shall be approved if:

(a) A new street or alley or other public improvement is needed or proposed.

(b) A vacation of streets, alleys, setbacks lines, access control, or easements is required or proposed.

(c) Such action will result in significant increases in service requirements (e.g., utilities, schools, traffic control, streets, etc.); or will interfere with maintaining existing service levels (e.g., additional curb cuts, repaving, etc.).

(d) There is less street right-of-way than required by these regulations or the Land Use Plan.

(e) All easement requirements have not been satisfied.

(f) Such split will result in a tract without direct access to a street (i.e., property must abut a street and meet minimum lot width requirements).

(g) A substandard-sized lot or parcel will be created.

(h) The lot has been previously split in accordance with these regulations.

(1) The Planning Commission shall, within thirty (30) days of an application, in writing, approve, disapprove, or continue for cause those applications which in the opinion of the Planning Commission do not meet the requirements of these regulations. When the lot split application has been approved, and after all conditions have been met, the Chairperson and Secretary of the Planning Commission shall sign the following certificate of approval, as required, for the lot split drawing or survey:

CERTIFICATE OF LOT SPLIT APPROVAL
STATE OF ____________________________________	)
	) ss
COUNTY OF _________________________________	)
I hereby certify that this lot split has been examined and found to comply with the Subdivision Regulations of the Prairie Band of Potawatomi Nation, and is, therefore, approved for recording.
Date Signed: _________________________
___________________________________________
Planning Commission, Chairperson
___________________________________________
Planning Commission, Secretary

(2) A copy of the lot split approval shall be filed by the Administrator with the applicable official designated to issue building and/or zoning permits and two (2) copies shall be furnished to the applicant, one of which the applicant shall file with the County Register of Deeds.

(D) Exemption for Industrial Plats. A lot which is zoned for industrial purposes and for which a plat has been officially recorded may be further divided into two or more tracts without further replatting or splitting such a lot; provided, that none of the conditions of requirement for application for lot splits (a. through g. above) are found to exist.

19-10-9 Appeals and Variances.

(A) Appeals. The subdivider of a proposed subdivision may appeal to the Governing Body decisions made in the enforcement or interpretation of these regulations by the Zoning Administrator, Planning Commission, or the appropriate engineer. In the event the Governing Body sustains such decisions, the prior enforcement or interpretation shall be final, except as otherwise provided by law. If the Governing Body overrules the decision, the Governing Body shall state its decision and the reasons therefore in writing and submit the decision and plat to the Planning Commission, seeking concurrence. In case of nonoccurrence, the decision of the Governing Body shall be final.

(B) Variances. Whenever the Planning Commission shall recommend that full conformance to the provisions of these regulations is impractical or impossible due to size, shape, topographic location or condition, or such usage of land included in a subdivision plat being presented for approval, the Governing Body may authorize variances of these regulations. In authorizing such variances or exceptions, the Governing Body shall find all of the following:

(1) That strict application of these regulations will create an undue hardship upon the subdivider.

(2) That the proposed variance is in harmony with the intended purpose of these regulations.

(3) That the proposed variance will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.

(C) Waivers. Any waiver of the required improvements shall be made by the Governing Body only on a showing that such improvements are technically not feasible. Provided, however, that any request for a waiver shall first be submitted to and a recommendation made by the Planning Commission.