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Ind. Code § 36-7-4-707

Subdivision control; primary approval of plat; findings and decision

Applied in 5 court decisions — leading case Plan Com'n of Harrison County v. Aulbach (2001)

Most recently applied in Simstad v. Scheub (March 2016)

As added by Acts 1981, P.L.309, SEC.23

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 707. (a) If, after the hearing, the plan commission or plat committee determines that the application and plat comply with the standards in the subdivision control ordinance, the commission or committee shall make written findings and a decision granting primary approval to the plat. This decision, which must also specify any condition imposed or waiver granted under section 702 of this chapter, must be signed by an official designated in the subdivision control ordinance.

(b) If, after the hearing, the plan commission or plat committee disapproves the plat, the commission or committee shall make written findings that set forth its reasons and a decision denying primary approval and shall provide the applicant with a copy of the written findings, including the deficiencies of the application, within fifteen (15) days of the plan commission or plat committee's final decision. This decision must be signed by the official designated in the subdivision control ordinance.

(c) If a plan commission or plat committee fails to make written findings and a decision granting or denying primary approval to a plat not later than sixty (60) days after a public hearing, then the plat is considered to have received primary approval.

(d) This section applies to any subdivision of land, whether or not it is exempted from the notice and hearing requirements of this series under section 701(d) of this chapter.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.