(A) In determining whether to grant primary approval of a plat, the Plan Commission shall determine if the plat or subdivision qualifies for primary approval under standards prescribed in this chapter. Following the public meeting the Commission shall render primary approval or disapproval of the plat with or without conditions.
(B) The standards fixed in this chapter may be waived at the discretion of the Commission; however, to be approved, the plat must still meet all applicable standards prescribed in the zoning ordinance. As a condition of granting a waiver, the Commission, may allow or require a commitment to be made as described in part in I.C. 36-7-4-1015 as a condition to primary approval of a proposed subdivision plat or development plan the owner of a parcel of real property may be required or allowed to make a commitment to the Plan Commission concerning the use or development of that parcel. (See Comprehensive Zoning Ordinance for the I.C. 36-7-4-1015 in its entirety)
(C) Primary approval is strictly tentative, involving the general acceptability of the layout submitted and shall be effective for a maximum period of five years unless, upon application of the subdivider, the Executive Director grants an extension for one year. If the plat has not been submitted for secondary approval within this time limit, the primary plat shall be considered null and void and no further action shall be taken except by re-application as hereinbefore provided.
(D) If, after the hearing the Commission determines the application and plat comply with the standards in the this chapter, it shall make written findings granting primary approval to the plat in triplicate form signed by the President or the Commission and certified by the Executive Director. This decision, which must also specify any condition imposed or waiver granted.
(E) If, after the hearing the Commission disapproves the plat, it shall make written findings that set forth its reasons denying primary approval and provide the applicant a copy.
(F) Primary approval of a plat, with or without conditions, shall in no way constitute approval of the plat required prior to being filed with the auditor and recorder. However, the Commission, Executive Director or County Commissioners may not impose any additional terms, conditions or commitments after primary approval.
(BC Ord. 2006-05, passed 3-20-06; Am. BC Ord. 2013-07, passed 6-10-13)