Any applicant or interested party may appeal a determination made by the Technical Review Committee to the Plan Commission through the procedure described below.
(A) Application. The petitioner shall submit to the Planning Director a letter giving notice of the appeal and required supportive information within 30 days of the decision which is subject to the appeal. Supportive information shall include, but not be limited to the following:
(1) Copies of all materials submitted to the Technical Review Committee upon which the decision being appealed was based.
(2) Copies of any written decisions or findings of fact which are the subject of the appeal.
(3) A letter describing the reasons for the appeal noting specific sections of this chapter, Indiana Code, or other standards applicable to the town upon which the appeal is based.
(B) Public meeting notification. Notification for a scheduled public hearing regarding the site development plan shall be completed consistent with the requirements of this chapter.
(C) Plan Commission meeting. The Plan Commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the appeal and supportive information.
(D) Either the entity initiating the appeal or their representative must be present at the public hearing to present the appeal and address any questions from the Commission.
(1) The Commission shall consider a report from the Planning Director, testimony from the petitioner, and testimony from any interested parties at the public hearing.
(2) The presentation of reports and testimony and all other aspects of the meeting shall be consistent with the requirements of the rules and procedures of the Commission.
(3) Upon hearing the appeal, the Plan Commission may approve, approve with modifications, deny, or table the site development plan application consistent with the approval procedure for applications referred to the Commission by the Technical Review Committee described in this subchapter.
(Ord. 2013-02, passed 3-11-13)