(A) Any final decision of the Subdivision Administrator may be appealed to the Plan Commission. The appellant has the burden of notification costs in all cases. The notice of final decision shall contain the date of mailing thereon.
(1) The appeal may be initiated by the subdivider or any property owner affected by the final decision.
(2) The appeal shall be directed to the Plan Commission and shall be filed with the Department. The appeal must be made within ten days of the mailing of the final decision to the subdivider.
(B) An appeal of a final decision of the Administrator shall be heard by the Plan Commission within 45 days after the filing of an appeal petition with the Department, and the Commission shall render its written final decision within 15 days after the hearing. With the consent of the subdivider and Commission, the hearing date may be extended.
(C) (1) A final decision of the Plan Commission may be appealed to the circuit court or superior court of the county.
(2) The appeal shall be through a petition for writ of certiorari filed with the clerk of the appropriate court within 30 days after the date of the final decision. The petition shall, in all respects, conform with state law.
(D) Any appeal that has been filled in subdivisions that hearings are not required must go through the same process as subdivisions that have gone through a formal hearing.
(Prior Code, § 152.117) (Ord. 87, passed 4-18-1988; Ord. 2015-04, passed 4-20-2015)