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(A) Order of business. The PC shall follow the following order of business:
(1) Call to order;
(2) Pledge of Allegiance;
(3) Agenda consideration (and consideration of requested continuances);
(4) Minutes;
(5) Public comment for items not on the agenda;
(6) Old business:
(a) Public hearings on petitions;
(b) Other petitions for consideration; and
(c) Other business.
(7) New business:
(a) Public hearings on petitions;
(b) Other petitions for consideration; and
(c) Other business.
(8) New business from the floor;
(9) Announcements; and
(10) Adjournment.
(B) Procedure for public comment for items not on the agenda. The PC shall allot a total of five minutes for public comment for items not on the agenda. Each individual wishing to speak shall be allowed three minutes.
(C) Procedure for petition consideration. Each petition before the PC shall generally be allotted a total of 25 minutes for the presentation of evidence, comments, and questions at the public hearing. The president (or presiding member) shall have the authority to extend the time periods specified below where appropriate, unless otherwise directed by a majority of the quorum present.
(1) Introduction. The president shall introduce the petition and open it for discussion.
(2) Presentation. The petitioner shall have a total of 20 minutes for the presentation of their petition.
(3) Staff and public official's report. The Town Planner shall present the staff and public official's report for the petition.
(4) Public discussion.
(a) Discussion of support. Persons in support of the petition shall have a total of ten minutes to present evidence, comments, and questions relevant to the matter being considered.
(b) Discussion of neutrality. Persons neutral on the petition shall have a total of ten minutes to present evidence, comments, and questions relevant to the matter being considered.
(c) Discussion of opposition. Persons in opposition of the petition shall have a total of ten minutes to present evidence, comments, and questions relevant to the matter being considered. Closing remarks by petitioner. The petitioner shall have a total of five minutes for closing remarks as well as responding to the presentation of evidence, comments, and questions raised during the public discussion.
(5) Discussion of PC. The president shall close the public discussion portion of the hearing and call for questions and comments from members of the PC.
(6) Call for vote.
(a) The president shall call for a motion and a second on the case being heard.
(b) The president shall call for discussion.
(c) The president shall do a role call for a vote on the motion. The call for the member casting the first vote shall rotate after each petition.
(D) Meeting limitations. No petition shall be introduced for consideration after 10:00 p.m. Agenda items remaining on the agenda shall be automatically placed at the beginning of the agenda at the next regularly scheduled meeting of the PC.
(A) Orderly conduct. Every person appearing before the PC shall abide by the order and direction of the president. Discourteous, disorderly, or contemptuous conduct shall be regarded as a breach of the privileges and shall be dealt with as the president deems fair and proper.
(B) Appearance at meetings. Any party may appear in person or by representative (person, agent, attorney, etc) at PC meetings. A representative may testify to the facts that he has particular knowledge of that relate to the issues of the petition. In so testifying, the representative shall be subject to cross-examination and questions.
(C) Contacting members. No person (including applicants, remonstrators, and others) may communicate with any member of the PC before a hearing with the intent to influence the member's action on a matter pending before the PC.
(D) Basis for decisions. Actions of the PC shall be based upon:
(1) Information made part of the permanent record;
(2) The information submitted at the meeting and made part of the permanent record;
(3) The testimony received at the meeting and made part of the permanent record;
(4) The applicable ordinances that are in effect and relevant to the petition (i.e. Unified Development Ordinance).
(E) Site visit. Members shall have the right to inspect land involved in any petition to be heard by the PC either individually or jointly. No more than three members shall inspect the subject land at any one time.
(F) Conflict of interest. During presentation and discussion of the subject petition, a member who has a conflict of interest shall not sit as a member of the PC, nor vote on the particular petition; however they may participate in the discussion as a member of the public. A member of the PC shall have a conflict of interest with regard to a petition if:
(1) They, or a family member, have financial interest in a subject property or petition; or
(2) They own (individually or jointly) property close enough to a subject petition to receive written notice.
(G) Record of hearing. The Town Planner shall manage files and maintain a record of all petitions, hearings, and meetings of the PC. Copies of such record of any hearing may be ordered by any party, and cost thereof shall be paid by the party ordering such copy or copies in accordance with the adopted fees.
(H) Attendance. PC members are expected to attend all meetings of the PC. To ensure a quorum, members shall notify the Town Planner at their earliest convenience if they are not able to attend a scheduled meeting either entirely or in part. Members who fail to appear at meetings may be subject to removal from the PC (see § 155.016(E)).
(A) Policy.
(1) Prior code violation resolution. A petition or permit application may not be filed for a property that has a previously documented and unresolved code violation until the violation has been resolved. However, the Town Planner may allow the filing of a petition application or permit application if it is shown that it will directly contribute to the resolution of the violation.
(2) Adverse decision. A petition that receives an adverse decision from the PC or Town Council may not be re-filed for a period of one year from the date of the adverse decision. The Town Planner shall determine if a new petition significantly differs from the previous petition that received the adverse decision.
(B) Filing required prior to hearing.
(1) Petitions for consideration. All applications for consideration or recommendation shall be filed in accordance with the proper forms adopted by the PC, in the required numbers, and in the required form, and in accordance with the adopted calendar of meeting and filing dates.
(2) Incomplete applications. If the Town Planner finds that the application or submittal is insufficient, not in accordance with the proper forms, or not in compliance with the adopted ordinances, said petition shall be considered "incomplete" and shall not be accepted until such time as it becomes complete.
(C) Attendance at hearing required. All applicants, petitioners, or designated representatives, shall attend the public hearing in person to present the application or petition, to answer questions from the PC, and to make rebuttal or answer questions to remonstrators. Failure to meet this requirement may result in the dismissal of the petition.
(D) Filing on PC forms. Any communication purporting to be an application not on forms furnished by the PC or not containing the information called for on said forms, shall be regarded as a mere notice of intention to file and shall be of no force or effect until it is made on and in the form required. All application forms, including the instructions therewith, are hereby declared to be a part of these written rules and procedures.
(E) Filing fee. The petitioner shall pay the appropriate filing fee at the time of filing their petition to cover expenses of processing the petition. The amount of fees shall be in accordance with the fee schedule as adopted by the Town Council.
Notice requirements. Notice of petitions or cases to be heard by the PC shall be given to all interested parties or property owners in the following manner:
(A) Notification by newspaper. The petitioner shall publish notice at least ten days prior to the scheduled hearing in the Paoli News-Republican. Proof of publication affidavit from the publisher shall be placed in the file at least three days prior to the hearing. The cost of publication shall be borne by the applicant.
(B) Notification by mail. The petitioner shall provide written notice at least ten days prior to the scheduled hearing on the PC's prescribed form, by certificate of mailing or certified mail. Notice shall be post marked at least ten days prior to the hearing. Receipts and/or the affidavit of mailing shall be submitted at least three days prior to the hearing.
(C) Interested parties. For the purpose of written notice by certificate of mailing, "interested parties" shall be defined as property owners within 600 feet and at least two parcels deep, in all directions from the property that is the subject of the petition. Additionally, written notice shall be sent to owners of the properties that are the subject of the petition, unless said owners are the petitioner or have granted written consent for the petitioner in the PC's prescribed form.
(A) Docketing of cases. Each case shall be filed in proper form, with the required date, numbered serially, and placed on the docket by the Town Planner.
(B) Order of hearing cases. On the date set for hearing, cases shall come before the PC either in the regular order of their consecutive numbers, or grouped by similar petitions, as determined by the Town Planner in setting the meeting agenda. Provided, however, cases re-docketed or continued from a previous meeting shall be heard at the beginning of the meeting, before the regularly docketed cases.
(C) Agenda limitations. In preparing the docket for each public hearing of the PC the cases scheduled shall be limited to a reasonable number as determined by the Town Planner.
(D) Meeting limitations. No petition shall be introduced for consideration after 10:00 p.m. Agenda items remaining on the agenda shall be automatically placed at the beginning of the agenda at the next regularly scheduled meeting of the PC.
(A) Officers of the PC.
(1) President. A president shall be elected at the first regular meeting of the PC in each calendar year. The president shall preside at all PC meetings. Meetings shall be held at the call of the president or at other times which the PC deems necessary.
(2) Vice president. A vice president shall be elected in the manner prescribed for the president and shall have the authority to act as president during the absence or disability of the duly elected president.
(3) Secretary. The Town Planner shall serve as the secretary of the PC. A secretary shall be elected in the manner prescribed for the president who shall maintain responsibility with the Town Planner, for all records and correspondence for the PC. They shall cause minutes of the PC meeting to be maintained in permanent volume, notice to be served of all public hearings and notification to be served to all members of all meetings. The secretary, subject to the direction of the President and the supervision of the Town Planner or designee, shall record all important facts pertaining to each meeting and hearing, all resolutions acted upon by the PC, and all votes of members of the PC upon any resolution or upon the final determination of any questions, indicating the names of any members absent or facility to vote.
(4) In the absence of both the president and vice-president, a chairperson shall be selected from the legal voting quorum present at the meeting.
(5) A recording secretary may be used for keeping and transcribing minutes of regular or special meetings of the PC.
(B) Presiding officer. The presiding officer shall decide all points of order of procedure in accordance with these rules, unless otherwise directed by a majority of the quorum present.
(C) Recorded vote. In all cases heard by the PC, the vote shall be recorded in the minutes of the meeting.
(D) Agenda preparation and distribution. The Town Planner shall be responsible for the preparation and distribution of an agenda for each meeting of the PC. Agendas shall be distributed prior to the hearing to members of the PC, legal counsel, and the press. Other interested or affected parties may request agendas.
(E) Open Door Law. PC shall comply with I.C. 5-14-1.5, the Open Door Law, with respect to the use of agendas and requirements for meetings.
(A) Amendment of rules and procedures. Amendment to these rules and procedures may be made by the PC only upon the affirmative vote of a majority of the full membership of the PC.
(B) Proposed amendments. Any amendment to these rules or procedures must be presented at least 14 days prior to voting on the amendment.
(C) Suspension of rules or procedures. The suspension of any rule or procedure may be ordered at any meeting of the PC by a majority vote of the quorum present.
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