(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) The petitioner shall provide notice of the public hearing on the primary plat in the manner required by the Rules of Procedure of the Plan Commission and the Indiana Code.
(C) The Plan Commission may, at its discretion, continue the hearing to a subsequent meeting. Limitations on the number of continuances maybe provided for in the Plan Commission's Rules of Procedure.
(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 hearing, and any other applicable code and criteria, the petitioner 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 petitioner 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 U.S. 31, 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 the INDOT has been received by the Plan Commission allowing such access point at that location and a financial guarantee has been made by the petitioner 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.
(Ord. 2014-03, passed 5-12-14)