501

• A municipality may enact a subdivision and land development (S&LD) ordinance to regulate such activities
• The ordinance shall require that plats for all S&LDs be submitted for approval to the governing body or a planning agency so designated in the ordinance
• If adopted, planned residential development (PRD) provisions and procedures shall be followed in the review and approval of any PRD plat

502

• The jurisdiction of a county S&LD ordinance is limited to land in municipalities that have no S&LD ordinance
• If a municipality enacts a S&LD ordinance, the county’s S&LD ordinance is repealed in that municipality
• A municipality having its own S&LD ordinance must forward S&LD applications, along with any required fees, to the county planning agency for review and report (allowing up to 30 days)
• A municipality may adopt the county’s S&LD ordinance by reference and by separate ordinance designate the county planning agency to administer the ordinance

503, 503.1

• May include but need not be limited to provisions for:
• Submitting, processing, and approving plats, including payment of reasonable review fees; the MPC specifies procedures and timelines in the event of a dispute over fee amounts
• Layout and design promoting flexibility & economy
• Design and installation of streets, walkways, water and sewer facilities, adequate water supply, and other improvements
• Uniform setback lines and lot sizes
• Waivers and modifications
• Phased development and conditional approval
• Public dedication of land for recreation purposes based on specific provisions in Section 503(11)
• Exclusion of only 3 types of development specified in 503(1.1) from the definition of land development

504, 505, 506

• Enactment of original ordinance:
• Submit the proposed ordinance to the municipal planning agency (unless it prepared the ordinance) and the county planning agency for recommendations at least 45 days prior to the required public hearing
• The governing body must hold a public hearing pursuant to public notice
• Notice of proposed enactment, plus text of the ordinance or a summary prepared by the solicitor, must be published and the ordinance made available to the public as specified in Section 506
• If the proposed ordinance is to be substantially changed, a summary of provisions and changes must be published at least 10 days prior to enactment
• Within 30 days after adoption, copy of the ordinance must be submitted to the county planning agency
• Enactment of amendment:
• Process is similar to that above except the time for planning agency referral is 30 days instead of 45

508

• The governing body or planning agency, if so designated, must act on applications for plat approval within time limits fixed in the ordinance which may not exceed 90 days (see Section 508 for additional specifics)
• The decision must be in writing delivered or mailed to the applicant no more than 15 days after the decision; denials shall specify defects and the relevant provisions
• Failure to render a decision within specified time limits in the manner prescribed results in deemed approval of the application unless applicant agrees in writing to extension of time or change in how decision is delivered
• Any filed or pending plat application cannot be adversely affected by any new S&LD ordinance amendment and is entitled to a decision based on provisions in effect at the time of application; approved developments are allowed 5 years for completion under the terms of the approval
• Before acting on a plat, a public hearing may be held pursuant to public notice
• Any plat that requires access to a state road must contain notice that a state highway occupancy permit is required

509, 511

• No plat shall be approved until streets have been improved to a mud-free, passable condition as required in the S&LD ordinance, and other improvements required by the ordinance have been installed
• In lieu of completion of improvements, the S&LD ordinance shall provide for financial security (bond, irrevocable letter of credit, escrow account) in amount sufficient to cover cost of improvements; Section 509 provides significant detail, summarized briefly below:
• Amount must be 110% of the cost of improvements estimated as of 90 days after the completion date, such estimate prepared by the applicant’s licensed engineer and agreed by the municipality, or prepared by an agreed third-party licensed engineer
• Financial security may be increased for multi-year development, or provided for in separate phases
• The developer may request partial release of financial security in a value of improvements completed
• The municipality may require financial security up to 15% of improvements cost to ensure integrity of improvements for 18 months after acceptance
• Developer must post financial security for water and sewer facilities in accord with a controlling public utility or authority if such has jurisdiction
• In event improvements are not completed as required, municipality may enforce financial security or take other legal actions to recover costs to complete improvements

510

• When developer has completed improvements, a process is followed summarized below (detail in Section 510):
• Developer notifies municipality by certified mail
• Within 10 days of receipt, the municipality must authorize its engineer to inspect the improvements
• Within 30 days of said authorization, the municipal engineer must make and mail a written report indicating acceptance or rejection of improvements
• Municipality must notify developer by certified mail of its action on the report within 15 days of receipt
• Failure to comply with these time limits and terms results in a deemed approval of the improvements
• Reasonable fees may be charged for expenses

512.1

• The governing body or planning agency, if so designated, may grant modifications where literal enforcement of the S&LD ordinance will exact undue hardship because of peculiar conditions of the land
• Modification requests must be in writing, accompany the application for development, and state hardship, provision involved, and minimum modification needed

513

• The developer shall record in the county recorder’s office a final plat within 90 days of final approval or delivery date of the approved plat, following completion of conditions (if any), whichever is later
• Recording shall not constitute grounds for assessment increases

515.1, 515.2, 515.3

• The municipality may institute actions by law or in equity to correct or abate violations, prevent unlawful construction and illegal occupancy, and to recover damages
• A municipality may refuse to issue any permit or grant any approval necessary to further improve or development property resulting from a subdivision or land development in violation of the S&LD ordinance
• The municipality may commence a civil enforcement proceeding against any person, partnership, or corporation for violation of the S&LD ordinance
• If found liable, the violator shall pay a judgment of not more than $500 plus court costs and municipal attorney fees
• Failure to pay or appeal the judgment entitles the municipality to further enforcement proceedings specified in Section 515.3
• District justices have initial jurisdiction in enforcement proceedings