Three different circumstances exist for public notice and opportunity to comment on the minor subdivision application:
(A) If the subdivider has obtained the signatures of all abutting property owners stating their approval (or no objection to Area Plan Commission approval of the plat) and such accompanies the minor subdivision plat at the time of application for approval by the Area Plan Commission, no further public notice nor a public hearing are necessary, and the Executive Director of the Area Plan Commission may certify (approve) the minor subdivision plat for recording.
(B) If the subdivider has not obtained the signatures of all abutting property owners stating their approval at the time of the application to the Area Plan Commission for approval of the plat, the applicant shall give notice of the right to voice objections to the Subdivision Review Committee and then the right to appeal to the full Area Plan Commission to all abutting property owners of record. Within seven days of filing of the application, the notice shall be sent by the applicant to abutting property owners of record by certified mail with return receipts using a prescribed form furnished by the Area Planning Commission. The notice of the right to voice objections to the Subdivision Review Committee and then the right to appeal to the full Area Plan Commission shall inform the abutting property owner that he or she has ten days from the post-marked date of the mailing of the notice to submit a written objection (the address of the Area Plan Commission being included in the notice) to the Area Plan Commission for an audience before the Subdivision Review Committee. Only abutting property owners of record shall make such an objection, and the objection shall be heard before the Subdivision Review Committee before the objector may appeal to the full 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 within ten days of the filing of the application. Two possible actions may occur:
(1) If the affidavit is in order and no oral nor written objection has been received by the Area Plan Commission on or before the close of the ten days of notification of the abutting property owners, the Executive Director of the Area Plan Commission may certify (approve) the minor subdivision plat for recording.
(2) If on the other hand, an oral or written objection is received by the Area Plan Commission on or before the close of the tenth day subsequent to the notification of the abutting property owners, the Executive Director of the Area Plan Commission shall announce, within 14 days of receipt of the application, the date that the objection will be reviewed by the Subdivision Review Committee by giving written notification to the applicant and the objector.
(3) Following the review before the Subdivision Review Committee, the Executive Director of the Area Plan Commission may approve, disapprove (with written findings that set forth its reasons for denying approval and provide the applicant a copy) the minor subdivision application, or request the full Area Plan Commission to review the matter. If the application is to be approved, the Executive Director shall inform all objectors by certified mail of their right to appeal to the full Area Plan Commission by oral or written request within ten days. Only those abutting property owners who have raised an original objection and requesting a review by Subdivision Review Committee can appeal to the full Area Plan Commission. If no oral or written appeal is received within ten days, the Executive Director of the Area Plan Commission shall certify (approve) the minor subdivision plat for recording.
(C) After the Subdivision Review Committee has met and the Executive Director has made a finding to deny the subdivision, the applicant may appeal to the full Area Plan Commission. After the Subdivision Review Committee has met and the Executive Director has informed all objectors of the intent to approve the subdivision, an original objector who is also an abutting property owner may appeal orally or in writing to the full Area Plan Commission within ten days of receiving notice of the intent to approve the subdivision. Finally, the Executive Director may request an appeal before the full Area Planning Commission. Under any of these three circumstances, the Area Planning Commission will hold a public hearing at the next scheduled Area Planning Commission and the Executive Director shall give written notice to the applicant and any objectors of the date of the public hearing.
(BC Ord. 2006-05, passed 3-20-06)