After an application for primary approval of a primary plan of a subdivision, together with six copies of all maps and data has been filed, the Commission shall review the primary plan and give its preliminary authorization to proceed, or return the plan to the applicant with suggestions for changes. The Commission may schedule a review meeting with the applicant on the primary plan prior to actually holding a hearing on it for passage or rejection. After the Commission has completed its review and report and a period of 30 days has elapsed from the filing date of the application, whichever occurs first, the Building Commissioner shall announce a date for the hearing before the Planning and Zoning Board and it shall notify the applicant in writing. The date of the hearing must not be earlier than 28 days or later than 90 days after the date the application was filed. The Planning and Zoning Board shall give notice of the hearing in accordance with I.C. 5-3-1 with the cost of the notice to be paid by the applicant. The applicant shall be required to give written notice of such hearing at his or her expense by certified mail, at least ten days prior to such hearing to all property owners within 600 feet of the proposed plan. At, or after, the hearing the Planning and Zoning Board shall approve, reject, or table the application within 65 days after the initial hearing before the Board. Upon tabling of an application, the Board shall notify the applicant in writing what revisions, changes or further changes in the primary plan are needed for primary approval. Upon approval or rejection of an application, the Board shall make written findings that set forth its reasons and a decision granting of denying primary approval and shall provide the applicant with a copy thereof. The decision shall be signed by the President or Secretary of the Planning and Zoning Board. The Board will not review a primary plan which has been rejected by the Board until two months have elapsed from the date of rejection. The primary approval of a primary plan by the Planning and Zoning Board does not constitute final approval of any or all of the subdivision, but is merely an authorization to proceed with preparations of the secondary plat. The primary approval or rejection of a primary plan by the Board or the imposition of a condition on primary approval is a final decision of the Board that may be reviewed by the Board of Zoning Appeals. The President and Secretary of the Board shall sign the original and a photo reproducible copy of the approved primary plan. One copy shall be retained by the Board and the original shall be sent to the applicant. A primary approval of the primary plan shall be effective for a period of one year, unless upon request of the applicant, the Board grants an extension of time which shall be discretionary with the Board. If an application for a secondary plat is not received within the period of time above specified or any extension of time granted by the Planning and Zoning Board, all previous actions by the Planning and Zoning Board with respect to the primary plan shall be deemed null and void.
(Ord. 07-01, adopted 5-5-2007, updated 5- -2009, § 3.105)