Section 36-7-4-708 - Subdivision control; primary approval or disapproval of plat; appeal to plan commission; procedure; review(a) An applicant or other interested party may appeal to the plan commission the primary approval or disapproval of a plat, or the imposition of a condition on primary approval by the plat committee, in accordance with section 402(d) of this chapter. However, if the plat committee grants primary approval for the subdivision of land without public notice and hearing under section 701(d) of this chapter, an interested party may appeal the approval to the plan commission by filing a notice of appeal with the plan commission not more than five (5) days after a copy of the plat committee's action is mailed to the interested party. Notice shall be given and a hearing held by the commission in the same manner as in the case of the plat committee.(b) The commission has the same power as the plat committee to approve, disapprove, or impose conditions on the approval of plats.(c) The primary approval by the commission of a plat must be certified on behalf of the commission by an official designated in the subdivision control ordinance.Pre-Local Government Recodification Citations: 18-7-2-52 part; 18-7-4-708; 18-7-4-58 part; 18-7-5-50 part.
Amended by P.L. 126-2011, SEC. 19, eff. 7/1/2011.As added by Acts1981 , P.L. 309, SEC.23. Amended by Acts1982 , P.L. 211, SEC.12; P.L. 320-1995, SEC.11.