(A) Establishment. The PPC is established, with membership as provided by I.C. 36-7-4-200 et seq.
(B) Organization. At the first meeting of the calendar year, the PPC shall elect from among its members a president and a vice-president as per established rules and procedures. Consistent with state law, it may appoint and fix the compensation of a secretary and such employees, as it considers necessary to discharge its duties.
(C) Rules and procedures. The PPC shall supervise and make rules for the administration of the affairs of the PPC and prescribe uniform rules pertaining to investigations and hearings.
(D) Meetings and records. The PPC, or Plat Committee as appropriate, shall hold a public hearing after the receipt of an application for a change of zoning, minor plat, primary plat, or a secondary plat from the applicant or their agent in accordance with the adopted rules and procedures. The PPC shall hold a public meeting after the receipt of an application for a development plan from the applicant or their agent in accordance with the established rules and procedures. Meetings of the PPC shall be open to the public. Before holding the required public hearing or meeting, the application must be in compliance with the established rules and procedures.
(E) Powers and duties.
(1) Subdivisions. The PPC and Plat Committee as appropriate shall render decisions regarding subdivisions in accordance with the subdivision control ordinance and rules and procedures.
(3) Proposals to change the zone maps incorporated into the ordinance. The following procedure applies to a proposal to change the zone maps (whether by incorporating an additional map or by amending or deleting a map) incorporated by reference into this chapter consistent with applicable state law.
(a) In considering the proposal, both the PPC and the Town Council shall pay reasonable regard to:
1. The Comprehensive Plan; current conditions and the character of current structures and uses in each district;
2. The most desirable use for which the land in each district is adapted;
3. The conservation of property values throughout the jurisdictional area; and
4. Responsible development and growth.
(b) The PPC shall give notice and hold a public hearing on the proposal in accordance with its rules and procedures.
(c) Whenever the PPC deems it advisable they may permit or require the owner of a parcel of real property to make a commitment subject to the rules prescribed for commitments in this section. By permitting or requiring a commitment, the PPC does not become obligated to recommend or not recommend the adoption of the proposal.
(d) Within ten business days after the PPC determines its recommendation, the PPC shall certify the proposal to the appropriate legislative body with a favorable recommendation, an unfavorable recommendation, or no recommendation from the PPC.
(e) The appropriate legislative body shall vote on the proposal within 90 days after the PPC certifies the proposal. The appropriate legislative body's consideration of the proposal is governed by I.C. 36-7-4-608.
(f) During the time when the proposal is being considered by the appropriate legislative body, the owner of a parcel of land may make a new commitment or modify the terms of a commitment made when the proposal was before the PPC. No further action of the PPC is required for a new commitment to be effective. If a commitment made when the proposal was before the PPC is modified and the effect of the modification is to make the commitment more stringent, no further action of the PPC is required for the modified commitment to be effective. However, if the effect of such a modification is to make the commitment less stringent, then the modified commitment must be ratified by the PPC to be effective. A commitment made or modified under this provision is subject to the rules prescribed for commitment in this section.
(g) If the proposal is adopted, the PPC shall update the zone maps that it keeps available with the chapter and the town's Code of Ordinances.
(h) Unless the proposal provides for a later effective date, the updated zone maps contained in the proposal take effect when the proposal is duly adopted.
(4) Proposals to amend or partially repeal the text of the ordinance. The following procedure applies to a proposal to amend or partially repeal the text (not zone maps) of this Unified Development Ordinance.
(a) In considering the proposal, both the PPC and the Town Council shall pay reasonable regard to:
1. The Comprehensive Plan;
2. Current conditions and the character of current structures and uses in each district;
3. The most desirable use for which the land in each district is adapted;
4. The conservation of property values throughout the Jurisdictional area; and
5. Responsible development and growth.
(b) The PPC shall give notice and hold a public hearing on the proposal in accordance with its Rules and Procedures. The PPC, in its discretion, may also give notice and hold hearings at other places within the town's jurisdiction where the distribution of the population or diversity of interests of the people indicate that such hearings would be desirable.
(c) Within ten business days after the PPC determines its recommendation, the PPC shall certify the proposal to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation from the PPC.
(d) The Town Council shall vote on the proposal within 90 days after the PPC certifies the proposal. The Town Council's consideration of the proposal is governed by I.C. 36-7-4-607.
(e) If the proposal is adopted, the PPC shall publish the amendments to the chapter in book or pamphlet form.
(f) Unless the proposal provides for a later effective date, the amendments contained in the proposal take effect when the proposal is duly adopted, except for any provision prescribing a penalty or forfeiture for a violation, which may not take effect until the PPC complies with the applicable notice and filing requirements described in I.C. 36-7-4-610.
(g) Verification of petition. The Administrator shall verify the completeness of the application and the date of verification shall be noted on the application.
(5) Adoption or amendment of the Comprehensive Plan.
(a) Adoption or amendment of the Comprehensive Plan shall be in accordance with Indiana Planning Law and established rules and procedures.
(b) The PPC shall give notice and hold public hearings in accordance with state law. At least ten days prior to the date set for the first hearing, the PPC shall publish a schedule of all such meetings in accordance with its rules and procedures.
(6) Rules governing commitments.
(a) Form. A commitment must be substantiated by the form set forth in the PPC's rules and procedures, and must identify any specially affected persons or class of specially affected persons who may enforce the commitment. A commitment must authorize its recording by the Administrator in the Office of the Orange County Recorder.
(b) Recording; copies. A commitment shall be recorded in the Office of the Orange County Recorder and takes effect upon the adoption of the proposal to which it relates. Following the recording of a commitment, the applicant shall return a copy of the original recorded commitment to the Administrator for PPC's file.
(c) Persons bound. Unless it is modified or terminated by the PPC in accordance with this section, a recorded commitment is binding on the owner of the parcel, a subsequent owner of the parcel, and any other person who acquires interest in the parcel. An unrecorded commitment is binding on the owner of the parcel who makes the commitment. An unrecorded commitment is binding on a subsequent owner of the parcel or a person acquiring an interest in the parcel only if the subsequent owner or the person acquiring the interest has actual notice of the commitment.
(7) Modification or termination by PPC. Except for a commitment modified or automatically terminated in accordance with this section, a commitment may be modified or terminated only by a decision of the PPC made at a public hearing after notice of the hearing has been given under the PPC's rules and procedures.
(8) Reconsideration of proposals. The PPC may adopt a rule to limit further consideration, for up to one year after its defeat, of any proposal that is defeated under I.C. 36-7-4-608 or I.C. 36-7-4-1512. The PPC may also adopt a rule to limit consideration, for up to six months after the withdrawal or defeat of any proposal, of any other proposal involving the same property that was the subject of the withdrawn or defeated proposal.