(A) Review of application for primary approval; preliminary procedures. Upon receipt of an application for primary approval, the Plan Commission staff shall review the application for technical conformity with the standards fixed in this chapter. Within 30 days after receipt, the staff shall announce the date for a hearing before the Plan Commission and provide for notice in accordance with division (B) of this section. The Plan Commission shall, by rule, prescribe procedures for setting hearing dates and for the conduct of hearings.
(IC 36-7-4-705)
(B) Notice of hearing. After the staff has announced a date for a hearing before the Plan Commission, it shall:
(1) Notify the applicant in writing;
(2) Give notice of the hearing by publication in accordance with IC 5-3-1; and
(3) 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 are interested parties, how notice is to be given to them, and who is required to give that notice.
(IC 36-7-4-706)
(C) Action after hearing.
(1) If, after the hearing, the Plan Commission determines that the application and plat comply with the standards in this chapter, it shall make written findings and a decision granting primary approval to the plat. This decision must be signed by an official designated in this chapter.
(2) If, after the hearing, the Plan Commission disapproves the plat, it shall make written findings that set forth its reasons and a decision denying preliminary approval and shall provide the applicant with a copy. This decision must be signed by the Administrator.
(3) Preliminary approval or disapproval of a plat by the Plan Commission may be appealed only under IC 36-7-4-708. However, it may not be taken directly to court for review under IC 36-7-4-1016 until administrative remedies are exhausted.
(4) This division applies to any subdivision of land, whether or not it is exempted from the notice and hearing requirements of this series under IC 36-7-4-701(d).
(IC 36-7-4-707)
Statutory reference:
Preliminary plat approval, see IC 36-7-4-702 through 36-7-4-708
IC 36-7-4-707 has been amended to repeal the paragraph corresponding to division (C)(3) of this section and to revise the last sentence of division (C)(1) of this section to read:
“This decision, which must also specify any condition imposed or waiver granted under IC 36-7-4-702, must be signed by an official designated in this chapter.