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(1) Application for development plan. Approval by the Plan Commission shall be in compliance with the following procedures:
(a) Who may file. Development plans may be initiated by a petition signed by:
1. The owner(s) of the land involved in the petition; or
2. The owner(s) authorized agent, with submission of a notarized consent form from the owner(s).
(b) Filing deadline. All development plan petitions shall be filed at least 30 days prior to the initial public hearing at which they are to be considered by the Plan Commission.
(c) Form of filing. All development plan approval petitions shall be on forms provided by the town. In addition, site plans, surveys, legal descriptions, building elevations, sign details, proposed commitments and any other relevant supporting documentation shall be of a usable scale and quality.
(d) Findings of fact. The petitioner shall, at the time of filing of the petition, file proposed detailed written findings of fact.
(e) Specifying of request. All development plan approval petitions shall specify the approvals requested. Any items, even if indicated on the proposed plans, shall not be considered a part of the request presented to the Plan Commission for its consideration unless such approvals are specified in the petition.
(f) Docketing by staff. Each petition filed in proper and complete form pursuant to the guidelines established by the Plan Commission shall, within ten days of filing, be numbered and docketed by the staff for an initial hearing by the Plan Commission.
(g) Investigation of petitions. Upon assignment of a number and hearing date, the staff shall distribute a copy of the petition and relevant supporting documentation to the town’s Engineer and other applicable town officials for review and comment.
(h) Notice requirements. Notice of all petitions for development plan approval public hearing before the Plan Commission shall be given to all interested parties or property owners in the following manner.
1. Notice by publication. Notice shall be published by the Plan Commission in accordance with I.C. 5-3-1 at least ten days prior to the date of the public hearing.
2. Notice by mailing.
a. Notice, in a form approved by the Secretary in accordance with the requirements on I.C. 36-7-4-604, shall be mailed to each interested party. Notice by mailing shall be given by certified mail, return receipt requested, at least ten days prior to the date of the hearing.
b. Interested parties for a development plan approval shall include all owners of adjoining parcels to a depth of one ownership surrounding the perimeter of the area included in the petition.
c. In the case of property which has been submitted to the Horizontal Property Law (I.C. 36-1-6), notice shall be given only to the association of co-owners.
3. Affidavit of notice. An affidavit of notice shall be filed in compliance with § 190.24 of this code of ordinances.
(i) Public hearings. All public hearings regarding a development plan approval before the Plan Commission shall be conducted in accordance with the procedures set forth in the rules of procedure of the Plan Commission.
(2) Application for development plan. Approval by the Building Commissioner shall be accomplished in compliance with the following procedures:
(a) Compliance with divisions (A)(1)(a), (A)(1)(b), (A)(1)(c), (A)(1)(d) and (A)(1)(e) above;
(b) Contact the Building Commissioner to make an appointment to deliver the required plans and provide a brief explanation of the proposed development plan;
(c) Building Commissioner shall have a period of not more than ten days in which to review the proposed development plan and either make a decision concerning the development plan, or request in writing, additional information from the applicant;
(d) Building Commissioner may seek the advice and comment from staff prior to making a decision;
(e) May occur without public notice and without a public hearing;
(f) If, in the sole discretion of the Building Commissioner, the proposed development plan is of such a nature, that a full review by the Plan Commission is warranted, the development plan may be forwarded to the Plan Commission for its review and approval; and
(g) Any decision of the Building Commissioner under this section, may be appealed by any interested party to the Plan Commission within 30 days of such decision by filing a letter with the Plan Commission requesting a hearing by the Plan Commission. Said appeal shall be heard by the Plan Commission at the Plan Commission’s next regularly scheduled public hearing for which published notice of the appeal pursuant to I.C. 5-3-1 can be provided.
(B) Fees. In order to defray administrative costs, the fees as set forth in the fee schedule as approved by the Plan Commission for development plan approval by the Plan Commission are to be paid by the applicant at the time of filing an application for development plan approval.
(C) Findings. All findings specified above for the approval or denial of a development plan shall be reduced to writing and signed by the President or Secretary of the Plan Commission, or by the Building Commissioner for those development plans approved per division (A)(2) above and retained as a part of the permanent record of the determination.
(1) Amendments to development plans pending determination by the Plan Commission. Amendments to development plans pending determination by the Plan Commission may be made by the petitioner at any time prior to a vote being called for by the Plan Commission. If, in the sole discretion of the Plan Commission, the proposed amendment is of such a nature that additional time is needed for review, the Plan Commission may continue the consideration of such amended development plan to the next meeting of the Plan Commission. The Plan Commission, at its discretion, may require that additional notice be given.
(2) Amendments to development plans pending determination by the Building Commissioner. Amendments to development plans pending determination by the Building Commissioner may be made by the applicant at any time prior to a determination being made by the Building Commissioner. If, in the sole discretion of the Building Commissioner, the proposed amendment is of such a nature that additional time is needed for review, the amended development plan shall be deemed a new filing and shall be reviewed with the time frames set forth above for the review of development plans by the Building Commissioner.
(3) Amendments to approved development plans.
(a) Minor amendments to development plans which have already received approval from the Plan Commission and which do not involve: an increase in height, area, bulk or intensity or type of land uses; the designation of additional land uses; the reduction in perimeter yards; the addition of driveways or access points; or reduction in the amount of parking for any use, may be authorized by the Building Commissioner without a public hearing in its continuing administration of the development plan if, in the determination of the Building Commissioner, the requested minor amendments do not adversely impact the purpose or intent of the overall development.
(b) A minor amendment to an approved development plan shall be filed with the Building Commissioner in the form of an application for an improvement location permit, accompanied by a written request from the petitioner for a minor amendment to the development plan. Such written request shall specify the amendment(s) requested. The Building Commissioner shall review the application for an improvement location permit per §§ 194.215 through 194.220 of this chapter.
(c) Such minor amendments authorized by the Building Commissioner shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.
(d) If the Building Commissioner determines that the proposed minor modification is of such a nature as to adversely impact the purpose or intent of the overall development, or if the proposed modification includes:
1. An increase in height, area, bulk or intensity or type of land uses;
2. The designation of additional land uses;
3. The reduction in perimeter yard;
4. The addition of driveways or access points; or
5. Reduction in the amount of parking for any use, the petitioner shall be required to file a new petition for development plan approval.
(e) Any decision of the Building Commissioner regarding the amendment of development plan may be appealed by any interested party to the Plan Commission within 30 days of such determination by filing an approval petition.
(E) Modification or termination of development plan approval. Any modification to or termination of a previously approved development plan shall be filed as an approval petition for public hearing before the Plan Commission following the procedures set forth in this subchapter.
(F) Review of development plan by the Plan Commission. The Plan Commission may do the following:
(1) Impose conditions of the approval of a development plan if the conditions are reasonably necessary to satisfy the development requirements specified in this chapter for approval of the development plan;
(2) Provide that approval of a development plan is conditioned on the furnishing to the Plan Commission of a bond or written assurance that:
(a) Guarantees the timely completion of a proposed public improvement in the proposed development;
(b) Is otherwise satisfactory to the Plan Commission; and
(3) Permit or require the owner or real property to make a written commitment under § 194.201(D) of this chapter.
(Ord. 2000-16, passed 8-28-2000, § 4.3; Ord. 2015-14, passed 3-2-2015)