(A) Town Council. The Town Council hereby reserves to itself the following powers and duties in connection with the implementation of this chapter for the area within its jurisdiction:
(1) Duties. The following duties should be interpreted as activities that are obligations. Town Council duties include:
(a) Adopt, reject, or amend the Comprehensive Plan, any other plans, the Zoning Ordinance, and the Subdivision Control Ordinance as certified and submitted by the Plan Commission;
(b) Adopt, reject, or amend proposals to amend or partially repeal the text of the Comprehensive Plan, any other plans, the Zoning Ordinance, and the Subdivision Control Ordinance as certified and submitted by the Plan Commission;
(c) Adopt, reject, or amend proposals to amend the Official Zoning Map certified and submitted by the Plan Commission;
(d) Adopt, reject, or amend proposals for Planned Unit Developments as certified and submitted by the Plan Commission; and
(e) All additional duties as established by Indiana State Code.
(2) Powers. The following powers should be interpreted as activities that are optional and may be initiated by the Town Council within the Council's jurisdiction. These powers include:
(a) Initiate amendments to the text of the Comprehensive Plan, any other plans, the Zoning Ordinance, and/or the Subdivision Control Ordinance;
(b) Initiate amendment to the Official Zoning Map;
(c) Initiate the annexation process and request advice from the Plan Commission as to the zoning designation to be applied to the annexed area if and when annexed; and
(d) All additional powers permitted by Indiana State Code.
(B) Advisory Plan Commission.
(1) Establishment. There is hereby established the McCordsville Advisory Plan Commission, to be known as the McCordsville Plan Commission.
(2) Composition. The Plan Commission shall consist of seven members as prescribed by I.C. 36-7-4-207(b), which states:
(a) The Town Council shall appoint three persons, who must be elected or appointed municipal officials or employees in the municipal government, as members.
(b) The municipal executive shall appoint four citizen members, of who no more than two may be of the same political party. Each citizen member shall be appointed because of the member's knowledge and experience in community affairs, the member's awareness of the social, economic, agricultural, and industrial problems of the area, and the member's interest in the development and integration of the area. A citizen member may not hold other elective or appointive office in municipal, county or state government. A citizen member must be a resident of the jurisdictional area of the Plan Commission (I.C. 36-7-4-216).
(c) The Hancock County Area Plan Commission shall appoint a designated representative from its body to serve as an advisor to the Plan Commission, pursuant to I.C. 36-7-4-213.
(3) Certification. Pursuant to I.C. 36-7-4-212, the clerk of the Town Council and the secretary of the Park Board shall certify members appointed by their respective bodies, and the executive shall certify his or her appointments. The certificates shall be sent to and made a part of the records of the Plan Commission.
(4) Terms of office.
(a) Appointment. Upon the establishment of a seven member municipal plan commission, two citizen members shall initially be appointed for a term of three years and two shall initially be appointed for a term of four years.
(b) Term expiration. Each member's term expires on the first Monday of January of the second, third, or fourth year respectively, after the year of the member's appointment.
1. Appointed members. The term of office of a member who is appointed from the membership of a Town Council, a Park Board, or the Advisory Council on town affairs is coextensive with the member's term of office on that body, board, or council, unless that body, board, or council appoints, at its first regular meeting in any year, another to serve as its representative (see I.C. 36-7-4-217).
2. Citizen members. When an initial term of office of a citizen member expires, each new appointment of a citizen member is for a term of four years (see I.C. 36-7-4-218).
(5) Conflict of interest. Pursuant to I.C. 36-7-4-223, neither a member of the Plan Commission nor the Town Council may participate as a member Plan Commission or Town Council in a hearing or decision of that commission or body concerning a zoning matter (excluding the preparation or adoption of a Comprehensive Plan) in which the member has a direct or indirect financial interest. The commission or body shall enter in its record the fact that its member has such a disqualification.
(6) Duties. The following duties should be interpreted as activities that are obligations. Pursuant to I.C. 36-7-4-401, I.C. 36-7-4-405 and I.C. 36-7-4-213, the Plan Commission shall:
(a) Supervise, and make rules for, the administration of the affairs of the Commission;
(b) Prescribe uniform rules pertaining to investigations and hearings;
(c) Keep a complete record of all proceedings;
(d) Fix the time for holding regular meetings each month, or as necessary, keep minutes of all meetings, and maintain all minutes and records in the office of the Administrative Officer;
(e) Record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Commission;
(f) Prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized by Indiana State Code;
(g) Adopt a seal;
(h) Certify all official acts;
(i) Supervise the fiscal affairs of the Commission;
(j) Prepare and submit an annual budget in the same manner as other departments of municipal government, and be limited in all expenditures to the provisions made for the expenditures by the fiscal body of the municipality;
(k) Make recommendations to the Town Council or bodies concerning:
1. The adoption of the Comprehensive Plan and amendments to the Comprehensive Plan;
2. The adoption or text amendment of: an initial Zoning Ordinance, a replacement Zoning Ordinance, and a Subdivision Control Ordinance;
3. The adoption or amendment of a PUD district ordinance; and
4. Zone Map changes (rezonings).
(l) Render decisions concerning and approve plats, replats, and amendments to plats of subdivisions under the 700 series of I.C. 36-7-4.
(m) Make decisions concerning development plans and amendments to development plans under the 1400 series of I.C. 36-7-4, unless delegated under I.C. 36-7-4-1402(c).
(n) Prescribe the qualifications of, appoint, remove, and fix the compensation of the employees of the Commission, consistent with the compensation fixed by the appropriate fiscal body.
(o) Appoint a designated representative of the Plan Commission to serve as an advisory member to the Hancock County Area Plan Commission.
(p) All additional duties as established by Indiana State Code.
(7) Powers. The following powers should be interpreted as activities that are optional and may be initiated by the Plan Commission within the Commission's jurisdiction. Pursuant to Indiana State Statute, these powers include:
(a) Establish advisory committees as necessary, composed of specific members and organized for specific purpose;
(b) Establish an executive committee;
(c) Seek funding assistance through grant programs as necessary and accept gifts, donations and grants;
(d) Establish a schedule of fees, to be approved by Town Council resolution, to defray the administrative costs of the official action of the Commission;
(e) Appoint and fix the duties of the recording secretary;
(f) Contract for special or temporary services and professional counsel; and
(g) All additional powers as permitted by Indiana State Code.
(8) Communication with members of the Advisory Plan Commission. No person (including applicants, remonstrators, and other interested parties) may communicate with any member of the Plan Commission before a hearing with the intent to influence the member's action on a matter pending before the Plan Commission.
(Ord. 121410, passed 1-11-2011)