§ 133-74. Procedures for preliminary plat approval.

(a)

Within one working day after filing of the plat of subdivision and the requisite fees with the staff, the staff shall refer the prints to the electric department, the water department, the engineering department, the fire department, the public utility companies, and the department of natural resources, if the subdivision lies within a designated flood hazard area as defined in the flood protection regulations contained in chapter 121.

(b)

The staff of each agency shall review the proposed plat of subdivision and submit a report to the plan commission staff.

(c)

The staff shall incorporate these reports into the site analysis report and make recommendation to the commission.

(d)

If the subdivision complies with the regulations of this chapter, the staff shall place the subdivision on the agenda of the first available meeting of the commission for public hearing.

(e)

The staff shall then notify the subdivider in writing of the time, date, and place of the commission hearing.

(f)

The staff shall notify all property owners within 300 feet of the edge of the subdivision of the time, date, and place of the commission hearing.

(g)

The staff shall place a legal notice, at least ten days prior to the hearing, in a local newspaper of general circulation, stating the time, place, and date of the hearing, a legal description and a common description of the location of the subdivision. Notification shall be on a form as prescribed by the commission and in a method prescribed by IC 5-3-1-2.

(h)

Commission action.

(1)

If, after the public hearing, the commission finds that the subdivision complies with all regulations as set forth in this chapter, the commission shall approve the subdivision with or without modifications, and make written findings of fact which shall include the modifications and conditions imposed.

(2)

If, after the public hearing, the commission finds that the subdivision does not comply with all standards regarding approval of subdivisions, the commission shall deny approval of the subdivision and make written findings of fact and decision which set forth its reasons for disapproval. The staff shall then release the original drawing to the subdivider.

(i)

Preliminary approval of a subdivision shall be effective indefinitely.

(Code 1985, § 158.34; Ord. No. 3065, 7-20-1987)