§ 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.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1982, P.L.211, SEC.12; P.L.320-1995, SEC.11; P.L.126-2011,
SEC.19.