(A) Authority and purpose. The Town of Fortville Design Review Board, hereafter referred to as the DRB, was established by the Fortville Town Council, Indiana, pursuant to this section. The DRB functions as a subcommittee of the Town Council and provides advisory recommendations to the Hancock County Plan Commission and/or Board of Zoning Appeals for purposes of interpreting and enforcing the town's adopted development standards as referenced in the Fortville Overlay District of the Hancock County Zoning Code.
(B) General provisions.
(1) These rules and procedures are hi furtherance of the standards established within the Fortville Overlay District of Chapter 156 of the Hancock County Code of Ordinances.
(2) The deliberations, opinions and findings of the DRB are advisory in nature and do not represent a predisposition of any action by either the Hancock County Plan Commission or the Fortville Town Council.
(3) Nothing herein shall be construed to give or giant the DRB the power or authority to alter or change the zoning ordinance, including the zone map, which is reserved to the Town Council.
(4) The Town Attorney shall be consulted in all cases where the powers of the DRB are not clearly defined within this document or related town ordinance.
(5) A file of materials and decisions relating to each DRB action shall be kept by the Clerk-Treasurer as part of the records of the DRB.
(6) The DRB shall keep minutes of its proceedings and record the vote of all actions taken. All minutes and records shall be filed in the Clerk-Treasurer's office and are public record.
(C) Membership.
(1) The DRB shall consist of five members as follows:
(a) 1. The Fortville Redevelopment Commission shall appoint one of its members to serve on the DRB for a term of one calendar year. New appointments or reappointments shall occur annually,
2. The Redevelopment Commission shall have the power to remove or replace its appointee at any time without cause or prior notice.
(b) 1. The Hancock County Plan Commission shall appoint its representative to serve on the DRB for a term of two consecutive calendar years. New appointments or reappointments shall occur every two years.
2. The Plan Commission shall have the power to remove or replace its appointee at any time without cause or prior notice.
(c) 1. The Fortville Town Council shall appoint a member from the Council to serve on the DRB for a term of two consecutive calendar years.
2. The Council shall have the power to remove or replace its appointee at any time without cause or prior notice.
(d) 1. The Fortville Town Council shall appoint two persons who reside or own a business within the town limits of Fortville and preferably have experience in architecture, landscape architecture, civil engineering, urban planning or other profession related to urban or town development. Residents of Fortville shall be given preference when making these appointments. These appointees shall serve three consecutive calendar year terms.
2. The Council shall have the power to remove or replace either or both of its appointees at any time without cause or prior notice.
(D) Officers and duties.
(1) The officers shall be Chairperson, Vice-Chairperson and Secretary.
(2) The Officers shall be elected by the DRB membership at the first regular meeting of the calendar year.
(3) The Vice Chairperson, in the absence or disability of the Chairperson, shall perform all duties and exercise all the powers of the Chairperson.
(4) The Secretary, in the absence or disability of the Chairperson and Vice Chairperson, shall perform all duties and exercise all the powers of the Chairperson.
(5) The Chairperson shall supervise the affairs of the DRB. The Chairperson shall preside over the hearings and all persons shall abide by the directions of the Chairperson. The Chairperson shall determine all matters concerning the procedures and content of each petition.
(6) The Secretary shall record and maintain permanent minutes of the DRB proceedings-including the vote on any decisions. Minutes and files shall be maintained and kept in the Town Clerk's office. All minutes and records shall be public records.
(E) Meetings.
(1) The DRB shall meet on the third Tuesday of each month unless otherwise advertised. Regularly scheduled times and locations shall be advertised on the town website at the beginning of each calendar year.
(2) Each applicant is required to post a sign on the proposed development site to notify the public of the public DRB meeting. The sign shall list the time of the DRB meeting, project address and address of where the public meeting will be held. This sign shall be posted a minimum of seven days prior to when the proposed development is to be reviewed by the DRB. The notification shall be placed adjacent to the right-of-way that offers the greatest visibility.
(3) Regular meetings may be cancelled by the Chairperson or DRB Staff when there are no cases pending.
(4) Special meetings of the DRB shall be held at the call of the Chairperson, written request of two members, or as may be determined at a regular meeting. Only matters included in the call for a special meeting shall be considered, except upon the unanimous approval of all members of the Board.
(5) All DRB meetings shall be open to the public.
(6) A majority of the total membership of the DRB shall constitute a quorum. The total membership of the Board is five members. No action shall be binding unless approved by a majority of the DRB membership at a regular or duly called special meeting.
(7) A quorum consisting of a minimum of three members of the DRB shall be present for the transaction of any business.
(F) Powers and duties. The DRB shall review all non-residential and planned unit development proposals as follows:
(1) Review and recommendation of planned unit developments regarding:
(a) Preliminary plans;
(b) Zone map changes;
(c) Final detailed plans;
(d) Building elevations;
(e) Other information as requested by the DRB; and
(f) Subsequent reviews of residential projects within a PUD are not required.
(2) Review and recommendation of lot design and architectural requirements including:
(a) Site plans;
(b) Landscape plans;
(c) Signage;
(d) Architecture; and
(e) Other information as required by the DRB.
(3) Other applications or petitions identified by the Hancock Plan Commission or Board of Zoning Appeals as needing additional technical review, including but not limited to the review of applications or petitions for zone map changes, primary plats, secondary plats, variances of development standards, and special exceptions.
(4) DRB recommendations must be in compliance with the town's street and utility standards.
(5) Prior to submitting any DRB recommendation to the Hancock County Plan Commission, Hancock County Board of Zoning Appeals, or other governing body, the DRB shall distribute its proposed recommendation to the Town Council for consideration. If within three business days of providing the proposed recommendation to the Town Council at least two Council members request Town Council review, the matter will be placed on the agenda for the next Town Council meeting for consideration. Such requests shall be made in writing and delivered to the Town Manager or the Town Manager's designee. Upon review, the Town Council may affirm, overturn, or amend the DRB's recommendation.
(G) Filing deadline. In order lo provide the DRB members with sufficient time to review applications, all items which are to be reviewed by the DRB shall be filed with the Town Manager's Office by the first day of each month,
(H) Waivers. The Fortville Town Manager, or a majority of the members of the Redevelopment Commission, for good cause shown, may waive any filing deadline when such waiver is deemed necessary to provide for a complete and thorough discussion of a particular application, petition or special matter; and, to be in the best interest of the town.
(I) Amendments.
(1) These rules may be amended by an affirmative majority vote of the Town Council.
(2) The proposed amendments) must be presented in writing at a regular or special meeting of the Town Council preceding the meeting at winch the vote is taken.
(Ord. 2016-8C, passed 10-3-16; Am. Ord. 2017-5C, passed 6-5-17)