§ 36-7-30-13 — Amendments to resolution or plan

Indiana § 36-7-30-13

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 30: Reuse of Federal Military Bases

Text

(a) The reuse authority must conduct a
public hearing before amending a resolution or plan for a military base
reuse area. The reuse authority shall give notice of the hearing in
accordance with IC 5-3-1. The notice must do the following:
(1) Set forth the substance of the proposed amendment.
(2) State the time and place where written remonstrances against
the proposed amendment may be filed.
(3) Set forth the time and place of the hearing.
(4) State that the reuse authority will hear any person who has
filed a written remonstrance during the filing period set forth in
subdivision (2).
(b) For the purposes of this section, the consolidation of areas is not
considered the enlargement of the boundaries of an area.
(c) If the reuse authority proposes to amend a resolution or plan, the
military base reuse authority is not required to have evidence or make
findings that were required for the establishment of the original
military base reuse area. However, the reuse authority must make the
following findings before approving the amendment:
(1) The amendment is reasonable and appropriate when
considered in relation to the original resolution or plan and the
purposes of this chapter.
(2) The resolution or plan, with the proposed amendment,
conforms to the comprehensive plan for the unit.
(d) Notwithstanding subsections (a) and (c), if the resolution or plan
is proposed to be amended in a way that enlarges the original
boundaries of the area by more than twenty percent (20%), the reuse
authority must use the procedure provided for the original
establishment of areas and must comply with sections 10 through 12 of
this chapter.
(e) At the hearing on the amendments, the reuse authority shall
consider written remonstrances that are filed. The action of the reuse
authority on the amendment is final and conclusive, except that an
appeal of the reuse authority's action may be taken under section 14 of
this chapter.
(f) If the reuse authority confirms, or modifies and confirms, the
resolution and the resolution includes a provision establishing or
amending an allocation provision under section 25 of this chapter, the
reuse authority shall file a copy of the resolution with both the auditor
of the county in which the proposed project is located and the
department of local government finance, together with any supporting
documents that are relevant to the computation of assessed values in
the allocation area, within thirty (30) days after the date on which the
reuse authority takes final action on the resolution.

Legislative History

As added by P.L.26-1995, SEC.14. Amended by P.L.214-2019, SEC.46; P.L.257-2019, SEC.136.