The following procedure for designating an Economic Revitalization Area is pursuant to I.C. 6-1.1-12.1.
(A) (1) Whenever a property owner desires that certain real estate located in the jurisdiction of the Town Council be designated as an Economic Revitalization Area, the owners shall initiate the procedure by filing an application for designation in the office of the Town Clerk-Treasurer. The application shall be signed by the owners of record of the real estate for which the designation is being requested. The Clerk-Treasurer shall furnish an appropriate form for such application upon request.
(2) The petitioner(s) shall note on the application whether the request is being made for a designation:
(a) Limited to a deduction of assessed value on real property improvements;
(b) Limited to a deduction of assessed value on new manufacturing equipment as defined in I.C. 6-1.1-12.1-1; or
(c) To include both types of deduction allowed under I.C. 6-1.1-12.1.
(3) Upon receipt of an application for designation, the Clerk-Treasurer shall:
(a) Note the date of filing on the face of the application;
(b) Review said application and, if it is found to be in complete form and to have been signed by all property owner(s) of record within the area proposed for designation, the matter shall be submitted for consideration before the Town Council within 60 days of the date of acceptable submission; and
(c) Provide the Council with appropriate maps and plats necessary to identify the area for which the petition requests designation, along with a simplified description of its boundaries.
(4) The Council shall not consider an application for designation of real estate as an Economic Revitalization Area if, prior to the filing of the application with the Clerk-Treasurer, any of the following actions have occurred:
(a) An improvement location permit for the subject development for which a deduction is being sought has been issued by the Building Commissioner;
(b) A structural permit for the subject rehabilitation of which a deduction is being sought has been issued by the Building Commission; or
(c) Manufacturing equipment for which a deduction is being sought has been installed.
(5) The applicant(s) or its representative shall be present at the Council meeting at which the subject request is being considered. After review of the information provided in the application by the staff, the applicant and other interested persons, the Council may:
(a) Find the real estate under consideration meets the definition and standards of an Economic Revitalization Area, as set forth in I.C. 6-1.1-12.1-1(l) and division (F) below. In such instances the Council may adopt a declaratory resolution stating same and cause the actions set forth in division (A)(6) below to occur. Said declaratory resolution shall include the reasons upon which the determination is made;
(b) Find that there is insufficient information and defer action on the matter. The applicant shall be provided written notices of the reasons for deferral within ten days of that action; and
(c) Determine that the real estate should not be designated as an Economic Revitalization Area and provide the applicant with written notice thereof.
(6) Upon adoption of a declaratory resolution the Council shall:
(a) Set the date, time and location for a public hearing at which the Council will receive and hear all comments from interested persons;
(b) Cause notice of the adoption and substance of the declaratory resolution to be published in accordance with I.C. 6-1.1-12.1-5 and 5-3-1. The notice shall state that a description of the affected area is available and can be inspected in the offices of the Town Clerk-Treasurer, the County Assessor and the County Auditor. The notices shall also state the time, date and location of the subsequent public hearing on the matter; and
(c) Cause a generalized description of the subject real estate to be attached to the declaratory resolution and file same with the County Assessor and the County Auditor.
(7) Upon consideration of the evidence presented at the public hearing, the Council shall take final action on the request for designation, by either confirming, modifying and confirming or rescinding the subject declaratory resolution. The applicant(s) or its representative shall be present at the public hearing to provide such information as may be needed.
(8) The determination on the confirmatory resolution made pursuant to division (A)(7) above shall be final, except that an appeal may be taken as provided in I.C. 6-1.1-12.1-2.5(d) and 6-1.1-12.1-2.5(e).
(9) Upon confirming, or modifying and confirming, a declaratory resolution by the procedures set forth herein, both the County Auditor and the Planning Commission shall keep a permanent record of the designation of the Economic Revitalization Area. The Planning Commission shall also provide the Auditor with a final designation packet to be utilized in the review of applications for deduction pursuant to I.C. 6-1.1-12.1-5 and 6-1.1-12.5-5.
(B) (1) In its deliberations on designating an Economic Revitalization Area the Council may, pursuant to I.C. 6-1.1-12.1-2(e), give consideration to the following general standards to determine if:
(a) The designation will encourage the use of vacant or under-utilized land designated as appropriate for industrial development in the town’s Comprehensive Plan or which is currently zoned for industrial use;
(b) The proposed use of the real estate for which designation is being requested is consistent with the land use policies contained in the town’s Comprehensive Plan;
(c) The designation will encourage the improvement of a deteriorated structure or the replacement of an obsolete structure;
(d) The designation will encourage the preservation of a historically or architecturally significant structure;
(e) The designation will assist in the inducement of a project providing substantial employment opportunities relative to the value of the improvements to be made and/or the new manufacturing equipment to be installed; and
(f) The designation will assist in the inducement of a project which would provide long-term benefits to the tax base of the town warranting the granting of the annually decreasing percentage of tax abatement as provided in I.C. 6-1.1-12.1.
(2) In all instances, the Council shall find that evidence has been provided either in the application or during the public hearing that the real estate proposed for designation in an area which has become undesirable for, or impossible of, normal development and occupancy because of a lack of development, cessation of growth, deterioration of improvement or character of occupancy, age, obsolescence, substandard buildings or other factors which have impaired values or prevent a normal development of property or use of property.
(C) As part of its authority to designate Economic Revitalization Areas, the Council, pursuant to I.C. 6-1.1-12.1-2(g), may qualify a designation by:
(1) Limiting the time period of the designation to a certain number of calendar years during which the area shall be so designated; or
(2) Limiting the type of deductions that will be allowed within an Economic Revitalization Area to either the deduction allowed under I.C. 6-1.1-12.1-3 or the deduction allowed under I.C. 6-1.1-12.1-4.5.
(D) Notwithstanding the procedures set forth in division (A) above, the Town Council shall not designate real estate as an Economic Revitalization Area if any portion of the subject property is located within an “allocation area,” as defined in I.C. 36-7-14-39, unless the town’s Redevelopment Commission has first adopted a resolution consenting to the subject designation.
(E) (1) The Town Council does hereby designate the Economic Development Director (EDD) as the administrative agent for processing applications for the designation of Economic Revitalization Areas. The EDD, in accordance with its responsibilities under this delegation, may undertake the following actions:
(a) Accept applications for designation;
(b) Review said applications for completeness and provide the Council with supporting data necessary to properly consider such requests;
(c) Keep permanent records of all properly filed applications and duly designated Economic Revitalization Areas;
(d) Prepare public review files as necessary to comply with I.C. 6-1.1-12.1-2.5(c); or
(e) Act on behalf of the Council in corresponding with the applicant(s) and other interested persons regarding the status of an application for designation.
(2) The Economic Development Director may delegate any or all of the above described responsibilities to his or her staff.
(F) Applicant shall be responsible for providing the EDD with the following:
(1) The preparation and publication of legal notice of the Council’s consideration of said applicant as required in I.C. 6-1.1-12.1-2.5(c);
(2) The applicant shall prepare the draft declaratory and confirmatory resolutions for the Council’s review and consideration;
(3) The applicant shall prepare and provide the County Auditor with final designation packets which shall include information necessary for the review of applications for deductions pursuant to I.C. 6-1.1-12.1-5 and 6-1.1-12.1-5.6.
(Res. 6-1992, passed 9-15-1992)