(A) Within 30 days after the date of receipt of the plan application for primary approval, the proposed development plan and the filing fee, the Zoning Administrator shall announce the date and time of the public hearing for primary approval of the development plan to be held before the Commission. The Zoning Administrator shall also provide notice of the hearing, as follows:
(1) By publication in accordance with I.C. 5-3-1.
(2) To the applicant, in writing, by means of regular United States mail, postage prepaid, addressed to the applicant at the address listed in the application for approval.
(3) To all public agencies and governmental units having a probable interest in the proposed plat, furnishing a copy thereof and requesting their written comments with regard thereto,
(4) To any other interested parties and in a manner as the Commission may designate by rule.
(B) The public hearing for primary approval of the proposed development plan shall be conducted in accordance with procedures which the Commission may adopt by rule.
(C) After public hearing upon the proposed development plan, the Commission shall determine if it complies with and satisfies the standards prescribed for primary approval under this chapter. Within a reasonable time after the hearing, the Commission shall either grant, with or without conditions, or deny primary approval of the proposed development plan and enter written findings and decision in accordance with that action, signed by the President, the Vice President, the Secretary or the Zoning Administrator of the Commission; provided however, that if primary approval is denied, the written findings entered by the Commission shall set forth the reasons for denial.
(D) Notice of the Commission's decision upon the application for primary approval shall be provided by furnishing a copy of its written findings and decision to the applicant and to any remonstrators or other interested parties, if any, as the Commission may designate by rule. Notice shall be furnished by the Zoning Administrator within five days after the Commission's decision in the manner prescribed by the Commission, by rule duly adopted.
(E) Primary approval of a development plan by the Commission shall be valid for one year from the date of approval, unless the applicant, prior to the expiration of the one-year period, shall have applied for and received the Commission's approval for an extension of time to obtain secondary approval. If, by the expiration of the initial one-year period of time, or during any period of extension approved by the Commission, the applicant does not obtain secondary approval of all or part of the area included in the development plan for which primary approval had been granted, then the primary approval granted for the development plan shall lapse and be considered as null and void. In the event the Commission grants secondary approval for only a portion of the development plan, the applicant thereafter will not be obligated to adhere to any time limitations for requesting secondary approval of the remainder of the development plan.
(Ord. 466, § 2-13-5, passed 5-11-98) Penalty, see § 152.999