(A) Withdrawal. The town hereby withdraws from the Hancock County Area Planning Department, including the Hancock County Area Plan Commission.
(B) Establishment. Pursuant to I.C. 36-7-4-202 and other applicable law, there is hereby established an advisory plan commission for the town to be known as the “Fortville Plan Commission” with all authority under I.C. 36-7-4 and all amendments thereto.
(C) Membership. The membership of the Plan Commission shall be as provided by I.C. 36-7-4-207 and shall be composed of three elected or appointed officials of the town or employees of the town to be appointed by the Town Council (“official members”), and four citizen members appointed by the Town Council President (citizen members”).
(D) Term.
(1) Official members. Terms of appointed official members shall coincide with their term of office or employment, except that the Town Council at the first regular meeting of any year may appoint another to serve as its representative from the town government.
(2) Citizen members. Initial terms of citizen members shall be two members for a term of three years and two members for a term of four years. Citizen members shall be duly qualified, and not more than two of the citizen members shall be of the same political party. Initial terms of citizen members shall expire on the first day of January of the third and fourth year, respectively, following their initial appointments. Thereafter, as terms expire, each new appointment shall be for a term of four years.
(E) Responsibilities; duties; powers; procedures. The responsibilities, duties, powers, and procedures of the Fortville Plan Commission shall be as set forth in I.C. 36-7-4 as amended and all other applicable laws and town ordinances.
(F) Intent. It is the intent of Fortville that this section and the acts hereunder not abrogate or alter the prior and currently applicable planning and zoning ordinance, rules, and regulations applicable within Fortville subject only to the transfer of functions attendant to Fortville’s withdrawal from the Hancock County Area Planning Department and establishment of the Fortville Plan Commission under the advisory planning law.
(G) Cooperation. The Fortville planning staff, Fortville Plan Commission, Fortville Board of Zoning Appeals, and all other applicable Fortville officials, agencies, boards, and commissions, shall cooperate with the Hancock County Area Planning Department, Hancock County, and all other applicable Hancock County officials, agencies, boards, and commissions as may be necessary and appropriate in furtherance of Fortville’s withdrawal from the Hancock County Area Planning Department and establishment of the Fortville Plan Commission under the advisory planning law, and to provide for the continuous coverage of planning and zoning functions in and around Fortville.
(H) Separability. The terms, paragraphs, sentences, words, and acts of this section are separable, and if a court of competent jurisdiction hereof declares any portion of this section unconstitutional, invalid, and unenforceable for any reason, such declaration shall not affect the remaining portions or acts hereof and the court shall substitute such provisions or acts with a constitutional, valid, and enforceable provision or act as would be necessary to effectuate and provide for Fortville’s withdrawal from the Hancock County Area Planning Department, establishment of the Fortville Plan Commission, and Fortville’s autonomous operation under the advisory planning law, or to effectuate the enforceability of the applicable planning or zoning ordinance, rule, or regulation within Fortville and be in furtherance of Fortville’s withdrawal from the Hancock County Area Planning Department and the establishment of the Fortville Plan Commission and its operation under the advisory planning law. Nor shall the validity or invalidity of other zoning and planning actions taken the date hereof by the town or the Fortville Plan Commission adversely affect or undermine Fortville’s withdrawal from the Hancock County Area Planning Department, establishment of the Fortville Plan Commission, and Fortville’s autonomous operation under the advisory planning law.
(Ord. 2020-1A, passed 1-6-2020)