(A) Membership.
(1) Except as provided in division (A)(2) below, the Boone County Area Plan Commission (APC) shall consist of seven members, as follows:
(a) One citizen member appointed by the Town Council of Advance who is a resident of the Town of Advance;
(b) Two citizen members, who are residents of the unincorporated area of the county, appointed by the Boone County Board of Commissioners;
(c) One citizen member who is a resident of the unincorporated area of the county, appointed by the Boone County Council;
(d) The Boone County Surveyor;
(e) The Boone County Agriculture Extension Educator;
(f) One representative appointed by the School Board of Zionsville, Lebanon and Western Boone, on a rotating basis, as provided for in the APC Rules of Procedure.
(2) If after the effective date of this section any additional town council or councils (other than the councils serving Whitestown and Advance) in the county pass an ordinance adopting the Area Planning Law and agreeing to the representation set forth in this section, then the membership of the APC shall be changed as follows.
(a) The members listed in divisions (A)(1)(a) through (A)(1)(f) shall continue in office with no change in their terms or appointing authorities.
(b) One additional citizen member shall be appointed by the Town Council of each additional town participating in the Area Planning Department, which appointee shall be a resident of the town.
(c) If the number of additional towns participating in the Area Planning Department is an odd number, then the Boone County Surveyor shall no longer serve as a member of the APC.
(d) If the number of additional towns participating in the Area Planning Department is an even number, then the Boone County Surveyor shall serve as a member of the APC.
(3) Each citizen member appointed under this division (A) must have the qualifications set forth in §216 of the Area Planning Law, as the same may be amended from time to time, and must maintain the qualifications throughout their term of office or a vacancy shall be deemed to have occurred per division (C)(1) below.
(B) Term of citizen members.
(1) This section does not affect the term of service of any current member of the APC. All terms of service for any new appointments by participating units shall be for a period of four years.
(2) When a current term of office of a citizen member expires, each subsequent appointment of a citizen member shall be for a term of four years. Except as otherwise herein provided, all citizen member appointments shall be for a four-year term.
(3) With respect to the citizen member position of the APC which is to be appointed by the Town Council of Advance, that citizen member shall initially be appointed for a term expiring on December 31, 2002.
(4) With respect to any other citizen member position on the APC which may in the future be appointed by the Town Council of an additional town pursuant to division (A)(2)(b) above, that citizen member shall initially be appointed for a term expiring on December 31, 2001 (or December 31 of every fourth year thereafter, as the case may be).
(C) Vacancies; alternate members.
(1) If a vacancy occurs among the APC members who are appointed, then the appointing authority shall appoint a member for the unexpired term of the vacating member.
(2) The appointing authority may appoint an alternate member to participate on the APC in a hearing or decision if any regular member that it has appointed is unavailable. An alternate member must satisfy the same qualifications as required of the regular member and shall have all of the powers and duties of a regular member while participating on the APC.
(D) Application to Boards of Zoning Appeals. This section does not affect the membership of the Boone County Area Board of Zoning Appeals under § 902 of the Area Planning Law, or the Whitestown Board of Zoning Appeals under §901 of the Area Planning Law.
(E) Effective date. This section takes effect on January 1, 1999, or immediately upon its adoption by the legislative bodies of all units that are participating in the Area Planning Department, as described in § 211 of the Area Planning Law, whichever is later.
(Ord. 99-1, passed 2-1-1999; Am. Ord. 2011-03, passed 2-7-2011)