(A) Applications for approval of the outline plan of planned unit developments shall be made on the forms available at the office of the Commission and shall be signed by the owners of the property that would be subject to the proposed outline plan. The Commission shall review the outline plan for compliance with the procedures and with the criteria for approval set forth or incorporated herein.
(B) The Commission shall then publish notice of public hearing on the outline plan, in the manner prescribed for zone map amendments by I.C. 36-7-4-604 (i.e., notice published in two local newspapers of general circulation at least ten days prior to the hearing and notice to interested parties, in the manner prescribed by the Commission’s Rules of Procedure, at least ten days prior to the hearing). The petitioner shall be responsible for paying the advertising costs. The Commission shall hold the public hearing on the application within 60 days of the submission of a complete application.
(C) Upon conclusion of its public hearings and within ten days of final action on an outline plan, the Commission shall forward its certified, written report and recommendations concerning the proposed outline plan to the Town Board. The Commission may certify the proposed outline plan to the Town Board with a favorable recommendation, with an unfavorable recommendation or with no recommendation.
(D) Upon receipt of a certified, written report and recommendation, the Town Board shall give notice under I.C. 5-14-1.5-5 (i.e., posting notice of the Town Boards’ intention to consider the proposed outline plan at least 48 hours prior to the meeting during which the plan is to be considered). The Town Board shall take action on the proposed outline plan within 90 days after the receipt of the Commission’s certified report and recommendations.
(E) Following the hearing, the Town Board may approve or reject the outline plan and written statements.
(1) If the proposal is certified to the Town Board with a positive recommendation, it takes effect upon adoption, or upon the 90-first day following certification if the Town Board fails to act on the proposal in a timely manner. The proposal is defeated if it is rejected by the Town Board.
(2) If the proposal is certified to the Town Board with a negative recommendation or with no recommendation, it takes effect upon adoption. The proposal is defeated if it is rejected by the Town Board or if the Town Board fails to act on the proposal in a timely manner. The Town Board may impose reasonable conditions on the proposed Planned Unit Development and may allow or require the owner of the proposed site to make written commitments in the manner authorized by I.C. 36-7-4-615.
(F) If the Town Board approves the outline plan, it shall direct the Planning Coordinator to amend the zoning map to designate the area covered by the outline map as a PUD district.
(Ord. 03-05, § 860-25, passed 5-27-2003; Am. Ord. 2012-09, passed 5-29-2012)