(A) Development plans require primary and secondary approval by the Plan Commission. Any development plan submitted for primary approval shall include the following:
(1) Proposed name of the development;
(2) Name and address of the developer;
(3) Name and address of the owner;
(4) Description of the location of the property;
(5) Map including date, scale, north arrow, approximate location, size (maximum height and floor area), capacity, and use of all buildings and structures existing or to be placed in the development;
(6) Nature and intensity of the operations involved in or conducted in connection with the development;
(7) Site layout of the development, including the location, size, arrangement, and capacity of the area to be used for vehicular access (including driveway widths, designs, and curb radii), parking spaces, loading and unloading;
(8) Names of public ways giving access to the development, and location, width, and names of platted public ways, railroads, parks, utility easements, and other public open spaces;
(9) Layout, names and widths of proposed public ways; widths of alleys, lanes, walkways paths, and easements;
(10) Description of the use of adjacent property and drawing showing the relationship of surrounding properties to the development plan area;
(11) Location, size, and arrangement of areas to be devoted to planting lawns, trees, and other site screening activities, including a description of the types, numbers, and sizes of landscape materials to be used;
(12) Number, types, sizes, locations, heights, and designs of any proposed signs;
(13) Storm drainage plan, including topographic features, appropriate contour intervals, and directions of stormwater runoff;
(14) Sewage disposal plan;
(15) Water supply system;
(16) Locations and sources of all other utilities, with appropriate easements (i.e., electricity, gas, telephone);
(17) Layout of proposed lots with approximate dimensions; and/or
(18) Land use intensity factors (i.e., dwelling units/acre, floor area ratio, lot coverage).
(B) After receipt of an application for primary approval of a development plan, the Plan Commission shall schedule a public hearing on the proposal. The Commission shall notify the applicant in writing of the date of the hearing, give notice by publication in accordance with I.C. 5-3-1, and provide for due notice to interested parties at least ten days before the date set for the hearing. The Plan Commission shall, by rule, determine who interested parties are, how notice is to be given to them, and who is required to give that notice.
(C) The Plan Commission may approve or deny an application for primary approval of a development plan. In approving a development plan, the Commission may impose such conditions as it deems necessary to carry out the intent and purpose of this chapter. If the Commission denies an application, it shall provide the applicant with the written reasons for the rejection.
(D) In reviewing a development plan, the Plan Commission shall give consideration to any of the following factors which are relevant to the application:
(1) General compatibility of the proposed development and uses therein with adjacent and nearby properties;
(2) Safe and convenient ingress and egress to the property and the proposed location of structures in relation to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency;
(3) Off-street parking and loading areas in relation to surrounding properties;
(4) Adequacy and availability of utilities;
(5) Adequacy and suitability of landscaping, screening, and buffering;
(6) Appearance and compatibility of any proposed signs;
(7) Suitability and compatibility of lot sizes and layouts;
(8) Appearance, size, height, intensity, and compatibility of building and structures in relation to the surrounding area; and
(9) Any other factors which the Plan Commission deems applicable to the specific proposal.
(E) A development plan may be approved by the Plan Commission only if the Commission makes a determination that all of the following criteria are met:
(1) The use will not be detrimental to persons residing or working in the vicinity, to adjacent property, to the surrounding area, or to the community as a whole;
(2) The public convenience and welfare will be substantially served; and
(3) The proposal is consistent with the goals and policies established in the Comprehensive Plan of the town.
(F) The Plan Commission may grant secondary approval to a development plan if it finds that all conditions of primary approval have been met. The Commission may, by rule delegate secondary approval to a committee or person, whose denial may be appealed to the full Plan Commission. No notice or hearing is required for secondary approval.
(G) No improvement location permit or building permit shall be issued and no site development or construction may commence in relation to a development plan until such plan has been recorded in the office of the County Recorder.
(H) No change shall be made on any approved development plan without permission of the Plan Commission. The Plan Commission may permit minor changes without notice or hearing. Any change which the Commission deems substantial shall require the same procedure as the initial approval.
(I) Any development plan which has not been substantially put into effect five years after the date of secondary approval shall be null and void, unless an extension is authorized by the Plan Commission.
(Ord. passed - -1989) Penalty, see § 153.99