(A) Establishment. The town’s Plan Commission is hereby re-established in accordance with I.C. 36-7-4-200 et seq.
(B) Membership, qualifications and terms. The membership of the Plan Commission, the qualification of its members and the terms of membership shall be in accordance with I.C. 36-7-4-200 et seq.
(C) Duties and powers. The Plan Commission is hereby vested with the duties and powers imposed upon and granted to an advisory plan commission under the advisory planning law, including, without limitation, the powers and duties listed below. To effectuate the purposes of this chapter, the Plan Commission may, to the fullest extent permitted by applicable laws:
(1) Supervise and make rules for the administration of the affairs of the Plan Commission;
(2) Prescribe uniform rules pertaining to investigations and hearings, and other matters authorized by state planning and zoning laws;
(3) Keep a complete record of all departmental proceedings;
(4) Record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Plan Commission;
(5) Prepare, publish and distribute reports, ordinances and other material related to the Plan Commission activities authorized by state law or this chapter;
(6) Adopt a seal;
(7) Certify to all official acts;
(8) Supervise the fiscal affairs of the Plan Commission;
(9) Prepare and submit an annual budget and be limited in all expenditures to the provisions made for expenditures by the Town Council;
(10) Prescribe the qualifications of, appoint, remove and fix the compensation of the employees of the Plan Commission;
(11) Delegate authority to its employees to perform ministerial acts in all cases, except where final action of the Plan Commission is necessary;
(12) Designate a hearing examiner or a committee of the Commission to conduct any public hearing required to be held by the Plan Commission;
(13) Make recommendations to the Town Council concerning:
(a) The adoption of the Comprehensive Plan and amendments to the Comprehensive Plan;
(c) The adoption or amendment of a PUD District Ordinance; and
(d) Proposals to change the official zone maps.
(14) Render decisions concerning and approve plats or replats of subdivisions;
(15) Render decisions concerning development plans and amendments to development plans;
(16) Assign street numbers to lots and structures, renumber lots and structures and to name or rename streets;
(17) Establish advisory committees of citizens;
(18) Establish executive committees;
(19) Negotiate for grants-in-aid and agree to terms and conditions attached to such grants-in-aid;
(20) Subject to final confirmation and approval by the Town Council, establish a schedule of reasonable fees to defray the administrative costs connected with:
(a) Processing and hearing administrative appeals and petitions for zone map change, special exceptions, variances, planned unit development approvals and development plan approvals;
(b) Issuing improvement location permits and special exception permits; and
(c) Other official actions taken under this chapter.
(21) Invoke any legal, equitable or special remedy available under this chapter or applicable law for the enforcement of the provisions of this chapter or actions taken hereunder;
(22) Establish an alternate procedure for the more expedient disposition of variances of development standards, special exceptions, variances of use and adopt rules governing the alternate procedure; and
(23) Exercise all powers conferred on it by state law, local ordinance or rule in the manner so prescribed. This section shall not be construed as a limitation on such powers.
(D) Commitments required by the Plan Commission.
(1) Commitments.
(a) The Plan Commission may, when in the discretion of the Plan Commission it is deemed necessary to:
1. Assure the compatibility of a proposed development with surrounding properties; or
2. To minimize the potential for the occurrence of detrimental effects from any attributes of a proposed development on surrounding properties, require or permit the owner of a parcel of property to make written commitments concerning the use or development of the subject property in connection with a development plan approval as provided for in this chapter, or in connection with recommending approval of a zone map change to any zoning district classification contained in this chapter to the Town Council as a condition of development.
(b) The commitments shall be reduced to writing in recordable form and signed by the owner(s) of the real estate. The commitments shall be in effect for:
1. As long as the real estate to which they apply remains zoned to the classification to which the real estate was zoned when the commitments were made; or
2. Modified or terminated as provided below.
(c) The commitments shall authorize their recording by staff in the office of the Recorder of the county upon the final approval of the zone map change by the Town Council. Following the recording of the commitments, staff shall return the original recorded commitments to petitioner and shall retain a copy of the recorded commitments in its file.
(d) The Plan Commission, owners of all parcels of ground adjoining the real estate and an owners of real estate within the area included in the petition who were not petitioners for approval, and other specially affected persons designated in such commitments shall be entitled to enforce such commitments pursuant to I.C. 36-7-4-1015 or as otherwise provided applicable law.
(e) The commitments required by the Plan Commission shall be in substantially the form set forth in Exhibit “A” of this chapter.
(2) Modification of commitments by the Plan Commission.
(a) Commitments required or permitted by the Plan Commission may be modified or terminated by a decision of the Plan Commission, made at a public hearing after notice to adjoining owners has been given pursuant to the rules of procedure of the Plan Commission. Any modification or termination of the commitments shall not be effective until:
1. Reduced to writing;
2. Approved by the Plan Commission;
3. Executed and notarized by the present owner(s) of the real estate; and
4. Recorded in the office of the Recorder of the county.
(b) The modification or termination of commitments shall be in substantially the form set forth in Exhibit “B” of this chapter.
(Ord. 2000-16, passed 8-28-2000, § 8.2)