§ 36-7-30.5-17 — Adoption of resolution

Indiana § 36-7-30.5-17

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 30.5: Development of Multicounty Federal Military Bases

Text

(a) After adoption of a resolution under
section 16 of this chapter, the development authority shall submit the
resolution and supporting data to the plan commission of an affected
unit or other body charged with the duty of developing a general plan
for the unit, if there is such a body. The plan commission may
determine whether the resolution and the development plan conform to
the plan of development for the unit and approve or disapprove the
resolution and plan proposed. The development authority may amend
or modify the resolution and proposed plan to conform to the
requirements of a plan commission. A plan commission shall issue a
written order approving or disapproving the resolution and military
base development plan, and may with the consent of the development
authority rescind or modify the order.
(b) The determination that a geographic area is a military base
development area must be approved by an affected unit's legislative
body.
(c) After receipt of all orders and approvals required under
subsections (a) and (b), the development authority shall publish notice
of the adoption and the substance of the resolution in accordance with
IC 5-3-1. The notice must name a date when the development authority
will receive and hear remonstrances and objections from persons
interested in or affected by the proceedings concerning the proposed
project and will determine the public utility and benefit of the proposed
project. All persons affected in any manner by the hearing shall be
considered notified of the pendency of the hearing and of subsequent
acts, hearings, adjournments, and orders of the development authority
by the notice given under this section.
(d) At the hearing under subsection (c), which may be adjourned
from time to time, the development authority shall:
(1) hear all persons interested in the proceedings; and
(2) consider all written remonstrances and objections that have
been filed.
After considering the evidence presented, the development authority
shall take final action determining the public utility and benefit of the
proposed project, and confirming, modifying and confirming, or
rescinding the resolution. The final action taken by the development
authority is final and conclusive, except that an appeal may be taken in
the manner prescribed by section 19 of this chapter.
(e) If the development authority confirms, or modifies and confirms,
the resolution and the resolution includes a provision establishing or
amending an allocation provision under section 30 of this chapter, the
development 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
development authority takes final action on the resolution.

Legislative History

As added by P.L.203-2005, SEC.11. Amended by P.L.214-2019, SEC.49; P.L.257-2019, SEC.139.