(A) The developer shall submit five copies of all required plans, maps and data to the Plan Commission office at least 42 days prior to a regularly-scheduled Commission meeting date. The Commission staff, and other relevant town officials shall review the plan and provide written comment to the developer, noting any required changes or modifications as follows:
(1) A plan shall be routed and reviewed by the following town departments and/or officials:
(a) Superintendent of Water Utilities;
(b) Superintendent of Streets;
(c) Town (consulting) Engineer;
(d) Town Marshal;
(e) Fire Chief;
(f) Zoning Administrator;
(g) Superintendent of Hamilton Lake Conservancy District;
(h) AEP; and
(i) Any other town official or interested party determined by the Commission.
(2) The above officials shall, after reviewing a plan, note their comments and sign off on a plan review provided by the Commission.
(B) (1) Upon completion of the plan routing process, and the pre-application conference required by this subchapter, the Commission staff shall set a hearing date after completing a written review of the plan. A hearing notice shall be published according to I.C. 5-3-1. The publication cost shall be borne by the applicant.
(2) The applicant staff shall also identify affected property owners in the area of the proposed plan. The applicant shall send hearing notices to all identified property owners by certified mail and bear the postage cost.
(3) The Commission staff shall notify any governmental unit having a probable interest in the proposed plan application of the hearing date.
(C) (1) The Commission shall then hold a public hearing to review the plan. The Commission shall review and consider all comments on the plan provided during the routing process by town officials.
(2) The developer, and/or his/her designated representative, shall be present at the hearing to present the plan, and to answer any questions the Commission or staff may have regarding the plan that arise from the routing process or during the hearing.
(3) The Commission shall hear all oral and written comments regarding the plan that may be offered from adjoining property owners, and other interested parties, according to the rules established in the Commission’s Rules of Procedures.
(4) The Commission may advise the applicant of any desired changes in the plan before it grants plan approval. The Commission may also place conditions upon a plan. Such conditions must be satisfied before a plan is submitted to the Commission for review and approval.
(D) (1) The Commission shall, by rule, refer the infrastructure construction plans for a plan to the Town Council for review. The Town Council may issue any conditions regarding possible liability of the developer for any damages caused to existing public infrastructure during construction.
(2) An applicant whose submitted plan has been disapproved by the Commission, as provided in this ordinance, may not submit another plan for the same property for a period of one year after the date of signed findings for said disapproval.
(E) Following approval of the plan by the Plan Commission, and the construction plans by the Town Council, the developer may begin installation of the infrastructure improvements.
(F) I.C. 36-7-4-1405, the Commission shall review a development plan to determine if the development plan:
(1) Is consistent with the comprehensive plan; and
(2) Satisfies the development requirements specified in the zoning ordinance.
(G) The Plan Commission may do the following:
(1) Impose conditions on the approval of a development plan if the conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan;
(2) Provide that approval of a development plan is conditioned on the furnishing to the plan commission of a bond or written assurance that:
(a) Guarantees the timely completion of a proposed public improvement in the proposed development; and
(b) Is satisfactory to the Plan Commission.
(3) Permit or require the owner of real property to make a written commitment under section I.C. 36-7-4-1015.
(H) Approval by the Commission is good for a one-year period immediately following approval, unless all parts of the development have been planned and recorded or unless the Commission has granted an extension of time.
(Ord. 2004-20, passed 10-4-04)