(A) The Plan Commission shall hold the public hearing at the regularly scheduled meeting after the filing deadline by which a complete primary plat application has been made.
(B) (1) The applicant shall have completed the following at least ten days prior to the public hearing:
(a) Place a legal notice of the public hearing in a newspaper designated by the Plan Commission staff and in a form specified by Plan Commission staff. The legal ad shall specifically include reference to a commonly known street address, if available, for the subject property. The cost of the legal notice shall be paid by the applicant.
(b) Notify all utilities, local fire departments, school districts, and law enforcement agencies serving the area, in writing, and provide the Plan Commission staff with copies of the same.
(c) Notify, at least ten days prior to the date of the public hearing, all property owners within 600 feet of the proposed subdivision boundaries, or to the depth of two property owners, whichever is greater, by mail with certificate of mailing, and in a form prescribed by the Plan Commission staff, or have a notarized consent from all such owners. The applicant shall certify, by notary public, that notification of surrounding property owners has been accomplished as required.
(d) Post, in a conspicuous place on the subject property, a notice provided by the Plan Commission staff giving notice of the application and pending hearing.
(2) At the public hearing, the applicant shall present proof that all of the above requirements have been satisfied.
(C) The Plan Commission may, at its discretion, continue the hearing to a subsequent meeting.
(D) After the Plan Commission has held a hearing on the primary plat, taking into consideration the Plan Commission staff’s report and recommendations, Technical Review Committee’s comments, testimony and exhibits submitted at the public heating, and any other applicable code and criteria, the applicant shall be advised of any required changes and/or additions. The Plan Commission shall then grant primary approval, with or without conditions, or deny the primary plat.
(1) A letter relating the decision of the Plan Commission shall be returned to the applicant with the date of approval, conditional approval, or denial, and the reasons therefor, within ten days of the public hearing.
(2) Primary approval by the Plan Commission is subject to review by certiorari.
(E) Whenever a proposed subdivision involves the opening of an access point onto State Road 135, State Road 252, or any other state-maintained highway, that has not been previously approved by the Indiana Department of Transportation (INDOT), the Plan Commission may give primary approval of the proposed plat of the subdivision, if the Plan Commission agrees with the location of the access point; provided, that secondary approval of the subdivision cannot be granted until written authorization from INDOT has been received by the Plan Commission allowing such access point at that location and a financial guarantee has been made by the applicant for the completion of the access point improvements satisfactory to the Plan Commission. If permission is denied by INDOT, then secondary approval for the plat of the subdivision shall not be granted.
(F) (1) Unless extended, primary plat approval shall be effective for a period of two years (primary plat approval period) after the dale of primary plat approval or conditional approval, at the end of which lime secondary approval of the subdivision, or the first section of a sectionalizcd subdivision, must have been obtained by the applicant and certified by the proper officials. Any plats not receiving secondary approval within the period of time set forth herein shall be null and void, and the applicant shall be required to resubmit a new application for subdivision approval subject to the zoning restrictions and subdivision regulations in effect at the time of resubmission.
(2) Upon the request of an applicant and upon a finding that the applicant has been unable to prepare the proposed development for secondary approval despite due diligence, the Plan Commission may extend the primary approval period for one two-year period beyond the expiration date of the original primary approval period, without further notice and public hearing, or for a longer period of time upon notice to interested parties and hearing.
(Ord. 2018-003, passed 4-19-2018)