Sec. 17. (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.
As added by P.L.203-2005, SEC.11. Amended by P.L.214-2019, SEC.49; P.L.257-2019, SEC.139.
Structure Indiana Code
Article 7. Planning and Development
Chapter 30.5. Development of Multicounty Federal Military Bases
36-7-30.5-4. "Development Authority"
36-7-30.5-6. "Military Base Property"
36-7-30.5-6.5. Task Force Action to Establish Development Authority
36-7-30.5-7. Preparation for Reuse of Military Bases
36-7-30.5-8. Task Force Action to Establish Development Authority
36-7-30.5-9. Development Authority Governed by Board
36-7-30.5-10. Appointment of Members to Development Authority
36-7-30.5-11. Terms of Members; Oath; Bond; Qualifications; Reimbursement for Expenses
36-7-30.5-12. Meetings; Officers; Rules; Quorum
36-7-30.5-13. Removal From Office
36-7-30.5-14. Duties of Development Authority
36-7-30.5-15. Powers of Development Authority
36-7-30.5-16. Plan and Declaration of Military Base Development Area
36-7-30.5-17. Adoption of Resolution
36-7-30.5-18. Notice and Hearing on Adoption of Resolution
36-7-30.5-19. Appeal From Final Action of Development Authority
36-7-30.5-20. Purchase of Property
36-7-30.5-21. Acquisition of Property by Eminent Domain
36-7-30.5-22. Clearing, Maintenance, and Replanning of Development Area
36-7-30.5-23. Issuance of Bonds
36-7-30.5-24. Lease of Property
36-7-30.5-25. Lessor of Property
36-7-30.5-26. Pledge of Revenues and Covenant
36-7-30.5-27. Proceeds of Bonds; Capital and General Funds
36-7-30.5-28. Payment From Funds
36-7-30.5-29. Activities Financed by Bonds, Notes, or Warrants
36-7-30.5-30. Allocation Areas; Allocation and Distribution of Property Taxes
36-7-30.5-31. Resolution to Modify Definition of Property Taxes
36-7-30.5-33. Utility Services
36-7-30.5-35. Conditions on Property Development; Development Fees