The procedure for public notice, public hearing and Area Plan Commission action on the major subdivision application is as follows:
(A) 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 of the application by the Area Plan Commission, the Executive Director shall announce a date for public hearing before the Commission by giving written notification to the applicant (or subdivided and by general publication of the date of said public hearing in a newspaper with circulation in the area of the proposed major subdivision. The date of said hearing shall not be scheduled later than 30 days after the announcement.
(B) At least 21 days prior to the date set for the public hearing, the applicant (or subdivider) shall give written notice to all abutting property owners. The applicant (or subdivider) shall give notice by certified mail with return receipts using a prescribed form furnished by the Area Plan Commission. An affidavit, which lists the abutting property owners and attests that notice has been duly given to said property owners, must be filed with the Area Plan Commission along with all return receipts prior to the date set for the hearing. Failure of the applicant (or subdivider) to comply with the above notification and affidavit requirements (both in time schedule and substance) shall result in cancellation of the public hearing, and there shall be imposed another filing fee equal to the original filing fee for rescheduling of the public hearing, cancellation of the original public hearing, and republication of the notice of the public hearing.
(C) Following the public hearing, the Area Plan Commission may approve or disapprove (with written findings that set forth its reasons for denying approval and provide the applicant a copy) the major subdivision application. If the application is approved and all requirements of this chapter are met, the President and Executive Director of the Area Plan Commission shall certify (approve) the major subdivision plat for recording.
(BC Ord. 2006-05, passed 3-20-06; Am. BC Ord. 2013- 06, passed 6-24-13; Am. BC Ord. 2019-18, passed 8-12-19)