§ 36-7-30.5-18 — Notice and hearing on adoption of resolution

Indiana § 36-7-30.5-18

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

Text

(a) The development authority must
conduct a public hearing before amending a resolution or plan for a
military base development area. The development 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 date, time, and place of the hearing.
(4) State that the development 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 development authority proposes to amend a resolution or
plan, the development authority is not required to have evidence or
make findings that were required for the establishment of the original
military base development area. However, the development 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 an affected 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
development authority must use the procedure provided for the original
establishment of areas and must comply with sections 16 through 17 of
this chapter.
(e) At the hearing on the amendments, the development authority
shall consider written remonstrances that are filed. The action of the
development authority on the amendment is final and conclusive,
except that an appeal of the development authority's action may be
taken under section 19 of this chapter.
(f) 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.50; P.L.257-2019, SEC.140.