2013

Ellettsville Plan Commission

Rules of Procedure

April 29, 2013

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RULES OF PROCEDURE

ADVISORY PLAN COMMISSION

TOWN OF ELLETTSVILLE, INDIANA

Effective December 6, 2007

Amended by Resolution January 6, 2011

WHEREAS, THE Town of Ellettsville Advisory Plan Commission (Commission) is required by

I.C. 36-7-4-401 to supervise and make rules for the administration of the affairs of the

Commission; prescribe uniform rules pertaining to investigations and hearings; keep a complete

record of all the Commission's proceedings; record and file all bonds and contracts and assume

responsibility for the custody and preservation of all papers and documents of the Commission;

prepare, publish and distribute reports, ordinances, and other material relating to its activities;

adopt a seal; and certify to all official acts; and

WHEREAS, the Commission is required by I.C. 36-7-3-11 and I.C. 36-7-4-604 to adopt rules to

determine who are interested parties for purposes of conducting a public hearing on the

certification of a zoning ordinance under I.C. 36-7-4-605, how notice is to be given to these

persons, who is required to give that notice, and to govern the conduct of the public hearing; and

WHEREAS, the Commission is required by I.C. 36-7-4-705 and I.C. 36-7-4-706 to adopt rules

prescribing the procedures for setting hearing dates for the primary approval of subdivision plats

and for the conduct of those hearings; to determine who are interested parties, how notice is to

be given to them and who is required to give that notice; and

WHEREAS, the Commission is required by I.C. 36-7-4-709 to adopt rules prescribing the

procedure for determining whether all improvements and installations in a subdivision plat

eligible for secondary approval under I.C. 36-7-4-710 have been constructed and competed as

required by the Subdivision Control ordinance and who is responsible for making that

determination; and

WHEREAS, the Commission determines that its rules should be organized and stated in a

coherent fashion and be made readily available to those persons appearing before it.

NOW, THEREFORE, BE IT RESOLVED BY THE ELLETTSVILLE PLAN COMMISSION

OF MONROE COUNTY, INDIANA, THAT THE FOLLOWING RULES ARE ADOPTED:

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RULE 1 OFFICERS AND STAFF

1.1 Purpose & Authority

The Town of Ellettsville Planning Commission has set forth rules of procedure to ensure

consistent and fair treatment of applicants and interested persons, orderly and efficient public

proceedings, and compliance with state and federal law. These rules shall also ensure that no

member of the Commission will gain a personal or financial advantage from his or her work

for the Commission, so that public trust in the municipal government will be preserved.

These rules of procedure are adopted pursuant to Chapter 4 of IC §36-7-4 Planning and

Zoning.

DEFINITIONS

Conflict of Interest- “Conflict of interest” means any one of the following:

1. A direct or indirect personal or financial interest of a commissioner his or her spouse,

household member, child, stepchild, parent, grandparent, grandchild, sibling, aunt or

uncle, brother or sister in law, business associate, employer or employee, in the outcome

of a cause, proceeding, application or any other matter pending before the commission.

2. A situation where a commissioner has publicly displayed a prejudgment of the merits of a

particular proceeding before the commission.

3. A situation where a commissioner has not disclosed ex parte communications with a

party in a proceeding before the commission.

Ex parte Communication- “Ex parte communication” means any oral or written

communication not on public record between a member of the Commission and the applicant, a

member of the public, or another member of the Commission in regards to any matter scheduled

to come before the Commission that may have the effect of influencing the decision of that

member of the Commission.

1.2 Election of Officers

a) The Plan Commission shall, at its first meeting in each calendar year, choose from its

members a President, Vice-President and a Secretary, whom shall serve until the first

meeting in January of the next succeeding year, when their successors shall be chosen to

serve for one year in like manner.

b) Should the Plan Commission President of the previous year still be a member of the

Commission, he or she shall preside over the election of the new officers.

c) If the President of the previous year is no longer on the Commission, the Director of

Planning Services shall preside over the election of officers and once officers are elected

will turn the meeting over to the President.

d) Whenever a candidate receives a majority vote of the entire members of the Commission,

that person shall be declared elected.

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e) Each officer elected under these rules shall enter into office immediately upon being

declared elected and shall serve until his successor is declared elected at the first meeting

of the following year, or until the officer is no longer a member of the Commission.

f) Whenever any office becomes vacant, the Commission shall elect a successor at its next

regular meeting to complete the remainder of the unexpired term.

1.3 Authority, Officers and Duties

a) The Town of Ellettsville Plan Commission exists as an advisory Plan Commission under

the authority of IC 36-7-4-204 and Chapter 152 of the Ellettsville Town Code Planning

and Zoning Regulations and any amendments thereto. These rules are adopted in

accordance with the requirements of IC 36-7-4-401.

b) The duties of the Plan Commission shall be those set forth in IC 36-7-4-400 et seq., and

such other responsibilities as may be required by state statute or Town of Ellettsville

Code.

c) The Plan Commission shall consist of seven voting members, appointed in accordance

with IC 36-7-4-207.

1.4 Duties of President

a) Notwithstanding State law, the President shall have general direction of the Commission

and shall preserve order, decorum, and decide questions of order.

b) The President shall rule on all points of order subject to an appeal to the Plan

Commission by any two members, shall state all questions properly proposed, shall put

all questions which come to a vote, and shall declare the results of each vote for

recording in the minutes.

c) After any ordinance, resolution, or order is adopted by the Plan Commission, the

President shall certify such action and certification shall be attested by the Secretary.

d) In the absence of the President the Vice-President shall preside.

e) Upon resignation, death or removal of the President or Vice President, the Plan

Commission shall elect a successor at its next meeting.

f) If a vacancy occurs among the members of the Plan Commission, the appointing

authority shall appoint a member for the unexpired term of the vacating member.

g) The appointing authority may remove a member from the Plan Commission for cause

under IC 36-7-4-218 (f).

h) Additionally, the Secretary shall notify the appointing authority in writing when a

member has been absent for three (3) consecutive meetings of the Plan Commission.

Such absences may constitute cause for removal from the Plan Commission by the

appointing authority under IC 36-7-4-220(c).

i) The President or two (2) members of the Plan Commission upon written request to the

Secretary may call special meetings.

j) The Secretary shall send to all members and its attorney, at least three (3) business days

before the special meeting, a written notice fixing the time, place, and purpose of the

meeting. Written notice is not required if: the date, time, place, and purpose of the

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special meeting are fixed at a regular meeting; and all members of the Plan Commission

are present at that regular meeting.

1.5 Duties of Secretary

The Plan Commission shall appoint and determine the duties of the secretary. The Secretary

shall perform the following duties with respect to the proceedings of the Plan Commission:

a) Record the proceedings of the Plan Commission meetings and produce minutes of said

meetings for review and approval by the Plan Commission.

b) The minutes should be available in draft form within a reasonable time after the regular

Plan Commission meeting. The draft minutes shall be presented to the Plan Commission

for approval at the next succeeding regular meeting. When approved, the minutes shall

be signed by the President and members of the Plan Commission and attested by the

Secretary.

c) The minutes of the Plan Commission meetings and all Ordinances and Resolutions shall

be filed in the office of the Town Clerk and are public records, as defined by IC 5-14-3.

d) Plan Commission Members term of office should be listed in the minutes as each member

is appointed.

1.6 Duties of Planning Director/Zoning Administrator

a) The President and Director of Planning shall determine the agenda for regular meetings.

The agenda shall list all items to be considered by the Plan Commission at the meeting.

The Plan Commission shall consider no item unless it appears on the agenda. Without

exception, cases on a regular meeting agenda must have met all time, documentation and

docket requirements. Any petitioner may withdraw any petition or document prior to the

meeting at which it was to be considered.

b) The items shall be listed on the agenda in the order in which the petition or other

document was filed with the Director of Planning.

c) Provide notice of meeting(s) to Commission members.

d) Date stamp and attend to all correspondence directed to the Commission.

e) The Director of Planning shall contact the President of the Plan Commission and provide

copies of correspondence directed to the Commission for his or her input.

f) Record and file all bonds and contracts and assume all responsibility for custody and

preservation of all papers and documents of the Commission by filing the same with the

office of the Clerk Treasurer of the Town of Ellettsville.

g) The agenda shall be available by the Director of Planning for public inspection at the

Department of Planning, the Ellettsville Fire Station #7, Monroe County Public

Library/Ellettsville Branch, and the Office of the Town Clerk no less than two (2)

business days prior to the scheduled meeting.

h) The President or Planning Director may accept changes to the agenda not later than three

(3) business days prior to the meeting.

i) Publish all notices of public hearings for municipal code changes.

j) The duties of the Planning Director are as listed in the Ellettsville Town Code or as

necessary to act on behalf of the Plan Commission.

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k) Recommendations from the Plan Commission to the Ellettsville Town Council, which

require Town Council action, shall be requested to be placed on the Council agenda by

the Planning Director. The Planning Director will contact the clerk to be added to the

agenda and the Town’s Attorney for preparation of documents if needed.

l) The Plan Commission President, Town’s Attorney and/or Planning Director shall provide

all relevant information concerning the recommendation to the Town Council members,

which may include: case file information, minutes and findings of fact.

1.7 Plan Commission Committees, Standing, Formal and Ad Hoc Committees

a) The following standing committees may be appointed by the President: Executive

Committee, Plan Review Committee/Technical Advisory Committee, Standing, Formal,

and Ad Hoc Committees.

b) Standing committee members shall be appointed for one year terms. Standing

committees shall consist of less than three (3) Commission members. Committees may

be supplemented by non-member citizens as appointed by the President. Vacancies shall

be filled immediately by the President of the Plan Commission.

c) Special committees may be appointed by the President for purposes and terms which the

Commission approves.

1.8 Executive Committee

a) Establishment. The Ellettsville Executive Committee is hereby established as a

permanent committee of the Commission.

b) Purpose. The purpose of the Executive Committee shall be to meet as needed to discuss

administrative matters.

c) Members and Term. The Executive Committee shall consist of three (3) voting members

appointed by the Commission from its members.

1.9 Plan Review Committee/Technical Advisory Committee, Standing, Formal and Ad Hoc

Committees

a) Establishment. The Ellettsville Plan Review Committee/Technical Advisory Committee

is hereby established as a permanent committee of the Commission.

b) Purpose. The purpose of the Ellettsville Plan Review Committee/Technical Advisory

Committee shall be to promote and conduct a continuing review of the zoning ordinance,

development site reviews, the rural area plan, and the Comprehensive Plan, as well as

zoning requests, Planned Unit Developments, Tax Increment Financing Districts to the

related ends of recognizing and addressing land use trends, municipal code and Town

goals.

c) The Ellettsville Plan Review Committee/Technical Advisory Committee shall meet as

necessary to accomplish the duties set forth above.

d) Members and Term. The Ellettsville Plan Review Committee/Technical Advisory

Committee shall consist of three (3) members appointed by the Commission from its

members.

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e) The Planning Commission requires, as part of the technical review process, for the Town

supervisors of the Planning, Street, Fire, Police and Utilities to review the proposed

development plans and submit findings in writing prior to the plan review conducted by

the Commission and Town Engineer. A copy of the supervisor’s findings will be

provided to the petitioner prior to their case being reviewed by the Planning Commission.

The supervisors review will be regarding services in which the Town can or cannot

provide, as well other information as deemed pertinent to the case being reviewed.

Additional information may be required of the petitioner to complete the review process.

If additional information is needed from the petitioner, a written request will be issued.

f) The President, with the approval of the Plan Commission, may establish such committees

as deemed to be necessary and desirable.

g) The purposes and terms of such committees shall be specified at the time of their

establishment.

h) Members of committees shall be appointed by the President.

RULE 2 MEETINGS AND PUBLIC HEARINGS

2.1 Regular Meetings

a) The Plan Commission shall meet in regular session on the first Thursday of each month

at 6:00 p.m. local time at the Ellettsville Fire Station, 5080 W. S.R. 46, Bloomington, IN

Station Number 7.

b) The Plan Commission may agree by majority vote of its members to dispense with any

regular session or to change the day or hour of any meeting.

c) The Plan Commission shall not meet on legal holidays. The Plan Commission may agree

by majority vote of its members to meet at an alternative time and date should such a

holiday fall on a Thursday.

d) Each case to be publicly heard before the Plan Commission shall be filed in proper form;

shall be numbered and placed on the docket of the Plan Commission. The Clerk-

Treasurer, Planning Director or Designee shall receive the application and fee.

e) No action taken by the Commission is official unless authorized by a majority of the

members of the Commission at a regular or properly called special meeting.

f) All meetings at which official action is taken shall be open to the general public.

g) If it is impossible to conduct a regular or special meeting of the Commission at the time

and place selected, the President may set an alternative date, time, and place for the

rescheduled meeting, or may cancel the meeting with the consent of a majority of the

entire members of the Commission, so long as the President complies with the

requirements of the State Open Door Law per I.C. 5-14-1.5.

h) In addition to those required by law, the Commission may at its discretion, hold public

hearings when it decides that hearings will be in the public interest.

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2.2 Docket

a) Each case to be publicly heard before the Commissioners, which is filed in proper form

as determined by the Director of Planning or designee, shall be numbered and placed on

the docket of the Commission. The docket numbers shall include the date and year and

begin a new on January 1 of each year. (Example 02042013-1, February, 4, 2013 case 1).

b) As soon as the case receives a docket number it shall be placed on the agenda of the

Commission as determined by the Planning Director or Plan Commission President.

Cases shall come before the Commission in agenda order unless otherwise ordered by the

President or requested by the Director of Planning.

2.3 Order of Business

The order of business at regular meetings shall be:

a. Call to order

b. Pledge of Allegiance

c. Roll call

d. Approval of minutes

e. Monthly conflict of interest

f. Old business

g. New business

h. Planning Department updates or staff report

i. Privilege of the floor

j. Plan Commission comments

k. Adjournment

2.4 Agenda Procedures

a) The Plan Commission shall maintain an agenda; only agenda items shall be discussed.

b) Agenda items for the Plan Commission meetings shall be compiled by the Director of

Planning Services with input from the Plan Commission President.

c) The meeting agenda shall be posted two (2) business days prior to the Commission

Meeting.

d) Items, which come before the Plan Commission, which were not on the posted agenda,

may by a motion and majority vote of the Commission members, be placed on the agenda

after the 48 hour deadline has passed, unless a review is required.

2.5 Discussion of Agenda Items

a) The President of the Plan Commission shall introduce each item on the agenda, if the

item requires a vote it shall be followed by a motion and second to approve the item.

b) The Director of Planning or Designee may precede the petitioner in order to acquaint or

familiarize the Commission with case file information.

c) The agenda item is presented by the petitioner, their sponsor or representative.

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d) The Planning/Engineering Staff will make comments or recommendations to the

Commission.

e) Members of the public may be invited to speak in favor or in opposition to the agenda

item with a time limit of three (3) minutes per person. Members of the public may not

pass on their time allotment to another speaker. The time limit may be increased by three

(3) minutes if approved by a majority vote of the Plan Commission members.

f) Public Comment will be heard for thirty (30) minutes.

g) The petitioner, their sponsor or representative, and Planning Director/Engineer Staff are

allowed time for rebuttal response.

h) After public comment on the agenda item has been heard, the Commissioners may state

their position, followed by a vote on the agenda item.

i) When a vote of the Plan Commission does not result in an official action of the Plan

Commission, the petition shall be automatically re-docketed and heard at the next

regularly scheduled meeting of the Plan Commission.

2.6 Privilege of the Floor

a) The final item of business prior to adjournment of the Plan Commission Meeting shall be

the hearing of statements or petitions from the public for matters which were not on the

agenda.

b) Persons shall address their comments to the Plan Commission.

c) A maximum of three (3) minutes shall be available for each speaker. Members of the

public may not pass on their time allotment to another speaker.

d) The time limit may be increased by three (3) minutes for each speaker by a majority vote

of the Plan Commission members.

e) If a matter is concerning the operations of one of the Town’s Departments or can in the

opinion of the Plan Commission be resolved by the Department Head, the person should

contact the affected Department Head and try to resolve the issue.

f) Employees of the Town shall not be required to answer questions during public comment

or privilege of the floor from the podium unless directed to respond by the President of

the Commission or acting authority.

2.7 Quorum and Official Vote

Four (4) members, out of seven (7) Plan Commission members, constitutes a quorum and

majority vote. Official actions, those meetings requiring public hearings, of the Plan

Commission are not official unless authorized at a regular or properly scheduled meeting by a

majority vote. Table 1 lists Official Actions of the Plan Commission Requiring Public Hearings

in Indiana.

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Table 1.

Official Actions of the Plan Commission Requiring Public Hearings in Indiana

Indiana Code Section Official Action

IC 36-7-4-205, 507, 508 Comprehensive Plan

IC 36-7-4-602 Adoption of initial zoning ordinances or

replacement zoning ordinances

IC 36-7-4-604 Certifying proposals to the legislative body

IC 36-7-4-607, 608 Zoning Ordinances

Modification to or termination of plan

commitments

IC 36-7-4-1311, 1326 Impact fees

IC 36-7-4-1404 Development plans for zoning districts

IC 36-7-4-1511 Modifications to Planned Unit Development

(PUD) district ordinances

2.8 Voting Procedures

a) All votes upon the passage of resolutions, upon motions to suspend the rules, and upon

motions to reconsider shall be by roll call vote. Any member may demand a roll call vote

upon any question to be voted upon by the Commission and when such demand is made

the Secretary shall call the roll.

b) The Commission may by a majority vote of the members present adopt any method for

tabulating the vote; including a random or alphabetical order of calling the roll.

c) During a roll call vote on any question, it shall be out of order for any member to offer

remarks as the member is voting other than a short and concise explanation of his or her

vote. After a roll call vote, it shall be out of order for any member to offer any remarks

on the question that had been voted upon.

d) The Commission shall keep minutes of its proceedings showing the vote of each member

on each question presented, or indicating that the member was absent or abstained.

e) Any member may change a vote before the result is announced, and afterwards by leave

of the Plan Commission provided that the change will not affect the result. In no case

shall a member absent when the question is put be allowed to vote after the result is

announced.

2.9 Motions Generally

a) When a motion is made and seconded it shall be stated by the presiding officer before it

shall be debated. The name of the member making the motion and seconding the motion

shall be entered into the minutes.

b) A motion may be withdrawn by the maker, but if there is any objection to the withdrawal,

it may not be withdrawn until a motion to that effect has been passed.

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2.10 Motion to Adjourn or Recess

a) A motion to adjourn or recess shall be decided without debate and shall be in order at any

time, except when it is repeated without intervening business or discussion, when a

member is speaking, when a previous question has been ordered, or during roll call. A

motion to recess shall take precedence over a motion to adjourn.

b) Legislation may be introduced for Plan Commission action after 8:00 p.m. local time

with a majority vote of the members of the Commission.

c) It shall be the policy of the Ellettsville Plan Commission to conclude all petition items at

or before 8:00 p.m. local time without a majority vote of the members of the

Commission.

d) All items or matters not introduced shall appear as old business on the next regularly

scheduled Plan Commission meeting agenda unless a special meeting is called in

accordance with the provisions of these rules.

2.11 Motion to Table

a) A motion to lay a question under consideration on the table shall take precedence over all

amendments or debate of the question.

b) Any matter laid on the table may be taken up by a majority vote of the Commission

members at any meeting after the meeting at which it is tabled.

c) The motion to table may not be debated.

2.12 Special Meetings – Emergency Meetings

a) Special meetings of the Plan Commission may be held on call of the President or by two

(2) members of the commission upon written request to the secretary in accordance with

IC 36-7-4-307.

b) It shall be the duty of the President calling the special session to notify the Director of

Planning or Designee and the Secretary of the special meeting, its date, hour, location and

agenda item.

c) The Secretary or the Director of Planning Services, shall at least three (3) business days

before the time set for the meeting, notify each member of the Plan Commission, either in

person, by telephone or by notice left at the member’s place of residence. Notice shall

also be given at least two (2) business days in advance of the meeting to the news media

and to the public or as required by law.

d) Emergency meetings may be held provided there is compliance with the notice

requirements of state law.

e) The notice for the meeting shall specify its purpose. No other business may be

considered at that meeting except by unanimous consent of the majority of the members

of the Commission.

f) If a special meeting is at the request of the petitioner, the petitioner must bear all costs of

holding the special meeting. (The costs may include: Plan Commission stipend ($25.00

per Commission Member), Planning Director’s overtime pay (current wage at time and a

half), Attorney fees ($130.00 per hour), meeting place and other incidental costs.

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Rule 3 Hearings

3.1 Hearings

a) Public hearings shall be held on the adoption or amendment of a comprehensive plan, the

adoption or amendment of a zoning ordinance, on a preliminary and final approval of a

subdivision plat, and on other petitions as necessary.

b) All administrative rules and deadlines that are established by the Commission for

procedures such as filing petitions shall be available for inspection in the Planning office.

3.2 Conduct of Hearings

a) Public hearings shall be conducted according to the following procedures;

b) The petitioner, the property owner, or agent for petitioner or property owner must appear

before the Commission for the case to be considered.

c) At a public hearing, after a petition is introduced by the President or his designee, a staff

report will be given by the Planning Director or Town Engineer.

d) The petitioner or their representative then presents facts relating to their petition.

e) The Commission members direct questions to the petitioner and Director of Planning.

f) The President of the Plan Commission shall call for a motion if the item requires a vote.

The motion shall be followed by a second to approve the item.

g) The President shall open the floor for public comment and recognize those who wish to

speak on the petition. Citizen comments are limited to a total of three (3) minutes per

person or at the discretion of the Commission by majority vote. After being recognized

by the President, each speaker will step up to the podium and give his name and sign the

speaker’s sign in sheet. A maximum of thirty (30) minutes of public comment will be

allowed if necessary.

h) The public may not pass or assign their public speaking time to another member of the

public. To maintain orderly procedure, each side should proceed without interruption.

i) The petitioner may rebut the testimony of those against the proposal. The rebuttal is

limited to three (3) minutes.

j) The public may be allowed to speak toward the rebuttal points of the petitioner. Limited

to three (3) minutes per person. A total of fifteen (15) minutes of rebuttal will be

observed if necessary.

k) The President shall conclude the public hearing and call for a motion on the item before

the commission.

l) The President may provide citizens wishing to speak in favor of a petition with the

opportunity to speak first.

m) All administrative rules and deadlines that are established by the Commission for

procedures such as filing petitions shall be available for inspection in the Planning office.

n) The President may impose reasonable limits upon the time for consideration of any item

on the Commission agenda or upon the presentation by any individual so that adequate

time is afforded to opponents and proponents of any petition or other items before the

Commission.

o) All persons appearing at a public hearing shall act in an orderly and courteous manner.

Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the

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privileges extended by the Plan Commission and shall be dealt with by the presiding

officer as is deemed fair and proper. If any person present persists in this abusive,

obnoxious or disrespectful behavior following the warning, the President may order that

person to be expelled from the meeting by a deputized officer.

p) A petitioner may not withdraw a case after a roll call vote has been ordered by the

President.

q) A case which has been withdrawn by the petitioner shall not be placed on the docket for

consideration until 12 months after the date of the decision, unless said case has not been

subject to a public hearing before the Plan Commission, whereupon said case may be

placed on the docket within the 12 month period upon payment of all appropriate fees.

r) The Director of Planning and the President of the Commission must be informed prior to

the meeting if the petitioner or property owner desires an extension of time. The

Planning Director and the President shall determine whether the petitioner's request for

an extension should be granted by the Commission. If a petitioner or property owner

fails to appear without sufficient cause, the petition may be dismissed.

s) Whenever a development plan is required by the Zoning Ordinance or as a condition of

development, the Commission may require the owner of the parcel of property to make

written commitment(s) concerning the use or development of the parcel.

t) The commitment(s) may be modified or terminated by the Commission following a

public hearing, after the petitioner complies with the public hearing notice requirements

applicable to rezoning amendments.

u) The Director of Planning/Zoning Administrator, Town Council and the Town’s Attorney

enforce commitments as allowed by Ellettsville Municipal Code or statute.

v) Any person may appear in person or by counsel to participate in a discussion of an item

before the Commission or to present a petition or remonstrance to the Commission.

w) The President and the Town’s Attorney shall determine the admissibility of any evidence

before the Commission.

3.3 Continuances

a) The Commission may continue any item from one meeting to another. No notice shall be

required for the continued consideration of any docketed item except that which is

required by State Law.

b) Continuances that are requested by a petitioner, property owner, or agent for the

petitioner or property owner must be received in writing prior to the scheduled meeting.

After two (2) consecutive requested continuances on a specific docketed item, the item

will need to be resubmitted and re-advertised (per the requirements of the Open Door

Law I.C. 5-14-1.5) as New Business.

3.4 Replacement Ordinance Notice

a) For purposes of a replacement zoning or subdivision control ordinance under I.C. 36-7-4-

604, all citizens of the Town are interested parties.

b) The Director of Planning is required to give due notice under I.C. 36-7-4-604 by

procuring the publication of the notices required by I.C. 36-7-4-604 and by posting

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copies of the notice in the public places deemed necessary by the Director of Planning at

least ten (10) days before the hearing is conducted on the replacement ordinance.

RULE 4 PETITIONS NOTICE AND PROCEDURE

4.1 Filing of Petitions- Annexations, Planned Unit Developments, Site Plans, and any other

petitions or applications requiring Plan Commission approval.

a) The petitioner shall complete an application and petition form as supplied by the Director

of Planning. The application and petition form shall be supplied by the Director.

b) A petitioner who seeks to approve a plat; to vacate a plat; amend a plat; amend the zoning

ordinance, subdivision ordinance, or other matter under the jurisdiction of the Plan

Commission shall file a petition with the Director of Planning on the appropriate forms

and applications provided by the Planning Department.

c) If the Director of Planning and Plan Commission President find that the petition is in

good order with sufficient information, it shall set a time for a public hearing on the

matter and shall provide public notice in accordance with IC 5-3-1. The Director of

Planning or Designee will schedule the petitioner on the next available Commission

meeting based on the docket schedule.

d) The President of the Planning Commission may cause a review by the Plan Review

Committee/Technical Advisory Committee. The committee’s determination shall be

reported to the Plan Commission prior to the regularly scheduled meeting.

e) Nine (9) copies of the petition information, application, or plats must be made available

by the petitioner to the Director of Planning at least seven (7) business days prior to the

next regularly scheduled Plan Commission meeting, at which the petition is to be

considered. The Planning Commission prefers that the petitioner provide petition

information electronically by email or on disk, but will accept printed copies in orderly

fashion.

f) If the petitioner is not the owner of the property, which is the subject of the petition, he or

she must submit a signed affidavit from said property owner authorizing the petitioner to

file the petition on their behalf. The Plan Commission may require additional

information, data, statistics or plats beyond those established by statute or ordinance,

which are deemed reasonable and necessary for determination by the Plan Commission,

including written proof that the petitioner is the agent of the owner or owners of the

property if the petitioner is not himself the sole property owner.

g) The petitioner shall prepare and bear all costs in preparation of the legal advertisement,

letters to adjacent property owners, signage and other costs deemed necessary for the

Plan Commission meeting. The petitioner shall notify, by certified return receipt mail, all

persons deemed by state statute and the Plan Commission to be interested parties,

pursuant to Conduct of Public Hearings. Copies of the return receipts (green cards) must

be provided to the Director of Planning two (2) business days prior to the scheduled

meeting.

h) The Office of the Monroe County Assessor shall be the sole source for the names of

property owners to be notified. The petitioner shall ascertain the names as they appear on

the real estate tax assessment rolls, and provide a copy of the names and addresses to the

Planning Office two (2) business days prior to the scheduled meeting.

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i) In addition to the notification requirements above, the petitioner is required to post a sign,

which announces the date, time, place, and purpose of a public hearing. Said sign must

be continuously posted for at least ten (10) business days immediately prior to the public

hearing, in a prominent place on the property, legible from the street fronting said

property. The Director of Planning will provide sign requirements and standards.

j) The petitioner shall convey legal descriptions in a Microsoft Word document format to

the Director of Planning or Designee by email or saved to disk upon request by the

Director or Designee.

k) The Planning Commission requires, as part of the technical review process, for the Town

supervisors of the Planning, Street, Fire, Police, and Utilities to review the proposed

development plans and submit findings in writing prior to the plan review conducted by

the Commission and Town Engineer. A copy of the supervisor’s findings will be

provided to the petitioner prior to his case being reviewed by the Planning Commission.

The supervisors review will be regarding services in which the Town can or cannot

provide, as well other information as deemed pertinent to the case being reviewed.

Additional information may be required of the petitioner to complete the review process.

If additional information is needed from the petitioner, a written request with be issued.

l) Pursuant to IC 36-7-4-709, the Town Engineer and Director of Planning or designee shall

determine if all improvements and installations have either been constructed, completed,

and inspection fees paid, as required by the Subdivision Control Ordinance and shall

report that determination to the Plan Commission before it grants secondary approval to

any plat.

m) The petitioner may provide a bond or approved financial instrument in lieu of completing

the improvements.

n) Every petitioner for a subdivision primary plat approval or for a vacation of property

shall complete an application supplied by the Director of Planning.

o) The Director of Planning or the Plan Commission may require the petitioner to submit

any additional information deemed relevant for consideration by the Commission,

including written proof that the petitioner is the agent of the owner or owners of the

property if the petitioner is not himself the sole property owner.

4.2 Notice Requirements

Public hearing notices and letters to adjacent property owners, as required by state statute or

Town ordinance, shall contain at a minimum the following information:

a) Docket number or agenda item and the substance of the petition to be heard.

b) General location by address or other identifiable geographic characteristics of the

property.

c) Name of the person, agency or entity initiating the matter to be heard.

d) Time, date, and place of the hearing.

e) Statement that the petition may be examined at the Office of the Town Clerk or Planning

Office.

f) Statement that any person may offer verbal comments at the hearing or may file written

comments prior to or at the hearing.

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g) A re-schedule date, as determined by the Planning Director of Designee.

h) Any other information, which may be required by law to be contained in such notice.

i) All persons with a legal interest in the property to be rezoned and all persons with real

property abutting the property subject to a rezoning petition, and all owners of real

property are interested parties. All property owners who touch the subject property,

including those across any streets or alleys which would adjoin or are adjacent to the

subject property if the streets and/or alleys were not there.

j) A copy of the published public hearing notice is required and should be presented to the

Director of Planning, along with certified mail return receipts, two (2) business days prior

to the hearing for verification.

4.3 Plan Commission Notice Requirements

a) For the purposes of an initial or replacement zoning ordinance and/or zoning map

initiated by the Plan Commission, an initial or replacement subdivision control ordinance,

amendment to the text of the zoning ordinance, amendment to the subdivision ordinance,

or amendment to the Comprehensive Plan, all citizens of the Town of Ellettsville are

interested parties.

b) The Plan Commission is required to provide for the publication of notice pursuant to IC

36-7-4-604 at least ten (10) business days prior to public hearing by posting copies of the

notice in at least two public places in the Town of Ellettsville. These notices shall be

placed in the Clerk's Office Town Hall, the Monroe County Public Library/Ellettsville

Branch and the Ellettsville Fire Station #7, as well as published in a local newspaper

designated by the Town Council, and the Department of Planning shall bear the

publishing costs.

4.4 Certification

a) The Commission, following the conclusion of the public hearing required by State Law,

shall state its recommendation concerning the proposed rezoning ordinance by adopting a

report (Certification) indicating either that it favors the proposal or is adverse to it. (See

I.C. 36-7-4-609). Any report adverse to a proposed rezoning ordinance shall contain a

concise statement indicating the reasons for the determination of the Commission.

RULE 5 AMENDMENTS AND SUSPENSION OF RULES

5.1 Amendment and Suspension of Rules

a) These rules may be amended only by adopting an amending resolution.

b) These rules of procedure may be suspended temporarily for this meeting by majority vote

of the Planning Commission members.

c) If a rule is suspended, a majority of the members present shall decide the procedure to

follow in lieu of the suspended rule.

d) The power to suspend these rules shall not apply to rules which are required by the Town

of Ellettsville Municipal Code, state or federal law.

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5.2 Effective Date

These rules shall enter into effect immediately upon the adoption of their Resolution.

RULE 6 FINAL DISPOSITION OF CASES

6.1 Final Disposition of Cases

a) The disposition of cases requiring final approval from the Board of Zoning Appeals shall

be in the form of a recommendation given to those bodies.

b) The final disposition of cases requiring only Plan Commission approval shall set forth the

findings and determinations of the Commission, together with any modification,

specification or limitations it makes.

RULE 7 RECONSIDERATION

7.1 Reconsideration

The Commission may not further consider any rezoning petition described in I.C. 36-7-4-608 for

one (1) year after it is defeated unless there is a majority vote by the Commission to reconsider

the rezoning petition.

RULE 8 Report of Determination and Secondary Plat Approval

8.1 Report of Determination

a) The Commission, following the conclusion of the public hearing required by state law,

shall state its recommendation concerning the primary plat approval by adopting a report

indicating either that it grants approval or not. Any denial of primary plat approval shall

contain a concise statement indicating the reason(s) for the determination of the

Commission.

b) The Commission, following the conclusion of the public hearing required by I.C. 36-7-3-

11, shall state its recommendation concerning the proposed vacation by adopting a report

indicating either that it recommends that the Town Council vacate the property or not.

The report shall contain a concise statement indicating the reasons for the determination

of the Commission.

8.2 Secondary Plat Approval Procedure for Determining Completion of Improvements

The Director of Planning and Town Engineer, along with the Review Committee/Technical

Advisory Committee, will review the case prior to a public hearing. A plat must receive

secondary approval from the Plan Commission prior to the plat being filed and recorded with the

Monroe County Auditor.

a) Request for Inspection. Upon completion of any required improvements within a

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subdivision or development (or sections thereof), the developer's engineer shall make a

written Request for Inspection, which shall include As-Built plans of the improvements

and a certificate of completion and compliance.

b) As-Built Plans. The As-Built plans must be submitted in .pdf format along with two (2)

hard copies and shall include all public improvements covered by the Performance Bond

and all water and sanitary laterals. The As-Built plans shall show the actual locations

with ties to permanent points of reference, specifications, and all materials used for the

improvements installed in the subdivision or section thereof. These plans shall be

certified by a registered professional engineer or land surveyor.

c) Inspections. The developer shall be responsible for having all improvements inspected for

compliance with the approved plans and provisions of the subdivision control ordinance.

Upon receipt of a Request for Inspection, the Director of Planning, Town Engineer and a

designated inspector, as deemed appropriate for the work being reviewed; selected by the

Town of Ellettsville, shall inspect the improvements and the designated inspector shall

submit a recommendation to the Director of Planning. The developer shall bare all costs

in preparation of the as-built plans and inspection. Any deficiencies found in the design

and workmanship of public improvements shall be corrected by the developer prior to

release of the Performance Bond.

d) The Director of Planning and Town Engineer will monitor work being performed to

ensure that it complies with the standards and specifications of the subdivision control

ordinance.

e) The Director of Planning and Town Engineer will maintain a written accurate log of his

or her inspections and findings; and

f) Director of Planning and Town Engineer will issue directives to the Town Council for

stop-work orders when necessary to ensure compliance with the approved plans and the

subdivision control ordinance.

g) Director of Planning, Town Engineer and contracted inspector, if necessary, are the

designated persons responsible for determining whether all improvements have been

constructed and completed as required by the subdivision control ordinance.

RULE 9 SEAL

9.1 Seal

The Plan Commission adopts a seal with the caption "The Seal of the Town of Ellettsville Plan

Commission." The Secretary shall employ the seal to certify to all official acts of the Plan

Commission.

RESOLUTION OF ADOPTION

These Rules of Procedure of the Town of Ellettsville Advisory Plan Commission are hereby

approved and adopted by the affirmative vote of seven (7) members of the Advisory Plan

Commission at the regular meeting of the Commission held on the 6th day of December 2007

and shall become effective the 6th day of December 2007 and further amended by Resolution #

2011-01 APC adopted on January 6, 2011.

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Appendix

Indiana Code

Rules of Procedure

IC 36-7-4-401

Duties; advisory planning; area planning

Sec. 401. (a) Each plan commission shall:

(1) supervise, and make rules for, the administration of the affairs of the commission (in the case of an advisory

plan commission) or of the planning department (in the case of an area plan commission or a metropolitan

development commission);

(2) prescribe uniform rules pertaining to investigations and hearings;

(3) keep a complete record of all the 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 commission (in the case of an advisory plan commission) or of the planning

department (in the case of an area plan commission or the metropolitan development commission);

(5) prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized

under this chapter;

(6) adopt a seal; and

(7) certify to all official acts.

(b) ADVISORY.AREA. Each plan commission shall:

(1) supervise the fiscal affairs of the commission (in the case of an advisory plan commission) or of the

planning department (in the case of an area plan commission); and

(2) prepare and submit an annual budget in the same manner as other departments of county or municipal

government, as the case may be, and be limited in all expenditures to the provisions made for the expenditures by

the fiscal body of the county or municipality.

As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-3-11

Filing petition to vacate; contents of petition; hearing date; procedures for notice and hearing; approval,

disapproval, or imposition of conditions

Sec. 11. (a) The owner of land in a plat may file with the plan commission that has jurisdiction over the platted

area under IC 36-7-4 a petition to vacate all or part of the plat pertaining to the land owned by the petitioner.

(b) The petition must:

(1) state the reasons for and circumstances prompting the request;

(2) specifically describe the property in the plat proposed to be vacated; and

(3) give the name and address of each owner of land in the plat.

The petition may include a request to vacate any recorded covenants or commitments filed as part of the plat. The

covenants or commitments are then also subject to vacation.

(c) Within thirty (30) days after receipt of a petition for vacation of a plat, the plan commission staff shall

announce the date for a hearing before the plan commission. The plan commission shall, by rule, prescribe

procedures for setting hearing dates, mailing written notice to each owner of land in the plat, and providing such

other notice as may be required in accordance with IC 36-7-4-706. The petitioner shall pay all expenses of providing

the notice required by this subsection.

(d) The plan commission shall, by rule, prescribe procedures for the conduct of the hearing, which must include a

provision giving each owner of land in the plat an opportunity to comment on the petition.

(e) The plan commission shall approve or deny the petition for vacation. The plan commission shall approve the

petition for vacation of all or part of a plat only upon a determination that:

(1) conditions in the platted have changed so as to defeat the original purpose of the plat;

(2) it is in the public interest to vacate all or part of the plat; and

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(3) the value of that part of the land in the plat not owned by the petitioner will not be diminished by vacation.

(f) If, after the hearing, the plan commission determines that the plat or part of the plat should be vacated, it shall

make written findings and a decision approving the petition. The plan commission may impose reasonable

conditions as part of its approval. The decision must be signed by an official designated in the subdivision control

ordinance. The plan commission shall furnish a copy of its decision to the county recorder for recording.

(g) If, after the hearing, the plan commission disapproves the petition for vacation, it shall make written findings

that set forth its reasons in a decision denying the petition and shall provide the petitioner with a copy. The decision

must be signed by the official designated in the subdivision control ordinance.

(h) The approval, disapproval, or imposition of a condition on the approval of the vacation of all or part of a plat

is a final decision of the plan commission. The petitioner or an aggrieved party may seek review of the decision of

the plan commission as provided by IC 36-7-4-1016.

As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.6.

IC 36-7-4-604

Zoning ordinance; notice and hearing before certification of proposed ordinance; prohibited communications

Sec. 604. (a) Before the plan commission certifies a proposal to the legislative body under section 605 of this

chapter, the plan commission must hold a public hearing under this section.

(b) The plan commission shall give notice of the hearing by publication under IC 5-3-1. The notice must state:

(1) the time and place of the hearing;

(2) either:

(A) in the case of a proposal under section 606 or 607 of this chapter, the geographic areas (or zoning

districts in a specified geographic area) to which the proposal applies; or

(B) in the case of a proposal under section 608 of this chapter, the geographic area that is the subject of the

zone map change; (Subdivision (2) does not require the identification of any real property by metes and bounds.)

(3) either:

(A) in the case of a proposal under section 606 of this chapter, a summary (which the plan commission shall

have prepared) of the subject matter contained in the proposal (not the entire text of the ordinance);

(B) in the case of a proposal under section 607 of this chapter, a summary (which the plan commission shall

have prepared) of the subject matter contained in the proposal (not the entire text) that describes any new or changed

provisions; or

(C) in the case of a proposal under section 608 of this chapter, a description of the proposed change in the

zone maps;

(4) if the proposal contains or would add or amend any penalty or forfeiture provisions, the entire text of those

penalty or forfeiture provisions;

(5) the place where a copy of the proposal is on file for examination before the hearing;

(6) that written objections to the proposal that are filed with the secretary of the commission before the hearing

will be considered;

(7) that oral comments concerning the proposal will be heard; and

(8) that the hearing may be continued from time to time as may be found necessary.

(c) The plan commission shall also provide for due notice to interested parties at least ten (10) days before the

date set for the hearing. The commission shall by rule determine who are interested parties, how notice is to be given

to interested parties, and who is required to give that notice. However, if the subject matter of the proposal abuts or

includes a county line (or a county line street or road or county line body of water), then all owners of real property

to a depth of two (2) ownerships or one-eighth (1/8) of a mile into the adjacent county, whichever is less, are

interested parties who must receive notice under this subsection.

(d) The hearing must be held by the plan commission at the place stated in the notice. The commission may also

give notice and hold hearings at other places within the county where the distribution of population or diversity of

interests of the people indicate that the hearings would be desirable. The commission shall adopt rules governing the

conduct of hearings under this section.

(e) A zoning ordinance may not be held invalid on the ground that the plan commission failed to comply with the

requirements of this section, if the notice and hearing substantially complied with this section.

(f) The files of the plan commission concerning proposals are public records and shall be kept available at the

commission's office for inspection by any interested person.

(g) METRO. In the case of a proposal to amend a zoning map under section 608 of this chapter or in the case of a

proposed approval of a development plan required by a zoning ordinance as a condition of development, a person

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may not communicate before the hearing with any hearing officer, member of the historic preservation commission,

or member of the plan commission with intent to influence the officer's or member's action on the proposal. Before

the hearing, the staff may submit a statement of fact concerning the physical characteristics of the area involved in

the proposal, along with a recital of surrounding land use and public facilities available to serve the area. The staff

may include with the statement an opinion of the proposal. The statement must be made a part of the file concerning

the proposal not less than six (6) days before the proposal is scheduled to be heard. The staff shall furnish copies of

the statement to persons in accordance with rules adopted by the commission.

(h) METRO. In the case of a proposal to amend a zoning map under section 608 of this chapter, this subsection

applies if the proposal affects only real property within the corporate boundaries of an excluded city.

Notwithstanding the other provisions of this section, the legislative body of the excluded city may decide that the

legislative body rather than the plan commission should hold the public hearing prescribed by this section.

Whenever the plan commission receives a proposal subject to this section, the plan commission shall refer the

proposal to the legislative body of the excluded city. At the legislative body's first regular meeting after receiving a

referred proposal, the legislative body shall decide whether the legislative body will hold the public hearing. Within

thirty (30) days after making the decision to hold the hearing, the legislative body shall hold the hearing, acting for

purposes of this section as if the legislative body is the plan commission. The legislative body shall then make a

recommendation on the proposal to the plan commission. After receiving the excluded city legislative body's

recommendation (or at the end of the thirty (30) day period for the public hearing if the proposal receives no

recommendation), the plan commission shall meet and decide whether to make a favorable recommendation on the

proposal. If the proposal receives a favorable recommendation from the commission, the proposal shall be certified

to the county legislative body as provided in section 605 of this chapter.

(i) Before a proposal involving a structure regulated under IC 8-21-10 may become effective, the plan

commission must have received:

(1) a copy of:

(A) the permit for the structure issued by the Indiana department of transportation; or

(B) the Determination of No Hazard to Air Navigation issued by the Federal Aviation Administration;

and (2) evidence that notice was delivered to a public use airport as required in IC 8-21-10-3 not less than sixty (60)

days before the proposal is considered.

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.18; P.L.220-1986, SEC.18; P.L.344-

1987, SEC.1; P.L.190-1988, SEC.1; P.L.321-1995, SEC.3; P.L.54-2002, SEC.5.

IC 36-7-4-605

Certification of proposed ordinance

Sec. 605. (a) ADVISORY.AREA. A proposed zoning ordinance shall be certified to each participating legislative

body by the plan commission as follows:

(1) If the proposal is to adopt an initial zoning ordinance (or to adopt a replacement zoning ordinance after

repealing the entire zoning ordinance, including amendments and zone maps) under section 606 of this chapter, it

may be certified only if it receives a favorable recommendation from the commission.

(2) If the proposal is to amend or partially repeal the text (not zone maps) of the ordinance under section 607 of

this chapter, it may be certified with a favorable recommendation, an unfavorable recommendation, or no

recommendation from the commission.

(3) If the proposal is to change the zone maps incorporated by reference into the ordinance under section 608 of

this chapter, it may be certified with a favorable recommendation, an unfavorable recommendation, or no

recommendation from the commission.

(b) METRO. A proposal shall be certified to the legislative body by the metropolitan development commission

only if it receives a favorable recommendation from the commission.

(c) The legislative body shall consider the recommendation (if any) of the commission before acting on the

proposal under section 606, 607, or 608 of this chapter.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.20; P.L.335-1985, SEC.19; P.L.220-

1986, SEC.19.

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IC 36-7-4-705

Subdivision control; primary approval of plat; review of application; hearing date

Sec. 705. Upon receipt of an application for primary approval, the plan commission staff shall review the

application for technical conformity with the standards fixed in the subdivision control ordinance. Within thirty (30)

days after receipt, the staff shall announce the date for a hearing before the plan commission or plat committee and

provide for notice in accordance with section 706 of this chapter. The plan commission shall, by rule, prescribe

procedures for setting hearing dates and for the conduct of hearings.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.37; Acts 1982, P.L.211, SEC.9.

IC 36-7-4-706

Subdivision control; application for primary approval; notice of hearing

Sec. 706. After the staff has announced a date for a hearing before the plan commission or plat committee, it

shall:

(1) notify the applicant in writing;

(2) give notice of the hearing by publication in accordance with IC 5-3-1; and

(3) provide for due notice to interested parties at least ten (10) days before the date set for the hearing. The plan

commission shall, by rule, determine who are interested parties, how notice is to be given to them, and who is

required to give that notice.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.38; Acts 1982, P.L.211, SEC.10.

IC 36-7-4-709

Subdivision control; secondary approval of plat; proof of financial responsibility; rule for determination of

completion of improvements and installations

Sec. 709. (a) Secondary approval under section 710 of this chapter may be granted to a plat for a subdivision in

which the improvements and installments have not been completed as required by the subdivision control ordinance,

if:

(1) the applicant provides a bond, or other proof of financial responsibility as prescribed by the legislative body

in the subdivision control ordinance, that:

(A) is an amount determined by the plan commission or plat committee to be sufficient to complete the

improvements and installations in compliance with the ordinance; and

(B) provides surety satisfactory to the plan commission or plat committee; or

(2) with respect to the installation or extension of water, sewer, or other utility service:

(A) the applicant shows by written evidence that it has entered into a contract with the political subdivision

or utility providing the service; and

(B) the plan commission determines based on written evidence that the contract provides satisfactory

assurance that the service will be installed or extended in compliance with the subdivision control ordinance.

(b) Any money received from a bond or otherwise shall be used only for making the improvements and

installments for which the bond or other proof of financial responsibility was provided. This money may be used for

these purposes without appropriation. The improvement or installation must conform to the standards provided for

such improvements or installations by the municipality in which it is located, as well as the subdivision control

ordinance.

(c) The plan commission shall, by rule, prescribe the procedure for determining whether all improvements and

installations have been constructed and completed as required by the subdivision control ordinance. The rule must

designate the person or persons responsible for making the determination.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.13; P.L.337-1985, SEC.1.

IC 36-7-4-710

Subdivision control; secondary approval of plat; authority to grant; time; prerequisites for legal effect of plat

Sec. 710. (a) The plan commission may grant secondary approval of a plat under this section or may delegate to

the plat committee or staff the authority to grant such secondary approvals.

(b) Secondary approval may be granted, after expiration of the time provided for appeal under section 708 of this

chapter.

(c) No notice or hearing is required, and the provisions of this series concerning notice and hearing do not apply

to secondary approvals.

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(d) A plat of a subdivision may not be filed with the auditor, and the recorder may not record it, unless it has been

granted secondary approval and signed and certified by the official designated in the subdivision control ordinance

governing the area. The filing and recording of the plat is without legal effect unless approved by the commission or

committee.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.39; Acts 1982, P.L.211, SEC.14.

IC 36-7-4-204

Establishment; participation by other municipalities within county

Sec. 204. AREA. After the planning department is established, other municipalities within the county may adopt

ordinances adopting the area planning law and provide for the appointment of their representatives to the area plan

commission. In such a case, the members of the commission shall be increased according to the formula provided in

sections 207, 208, 209, and 211 of the area planning law, and the authority of a municipal plan commission and

municipal board of zoning appeals ceases, except as provided in section 918 of the area planning law, as of the time

specified in that ordinance. The composition of any such municipal board of zoning appeals, or of any such board

later organized, under the advisory planning law, must conform with that law, except that those members of such a

board to be appointed from the municipal plan commission shall instead be appointed from the area plan

commission.

As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-400

400 Series_Duties and powers of commission

Sec. 400. This series (sections 400 through 499 of this chapter) may be cited as follows: 400

SERIES.COMMISSION DUTIES AND POWERS.

As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-401

Duties; advisory planning; area planning

Sec. 401. (a) Each plan commission shall:

(1) supervise, and make rules for, the administration of the affairs of the commission (in the case of an advisory

plan commission) or of the planning department (in the case of an area plan commission or a metropolitan

development commission);

(2) prescribe uniform rules pertaining to investigations and hearings;

(3) keep a complete record of all the 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 commission (in the case of an advisory plan commission) or of the planning

department (in the case of an area plan commission or the metropolitan development commission);

(5) prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized

under this chapter;

(6) adopt a seal; and

(7) certify to all official acts.

(b) ADVISORY.AREA. Each plan commission shall:

(1) supervise the fiscal affairs of the commission (in the case of an advisory plan commission) or of the

planning department (in the case of an area plan commission); and

(2) prepare and submit an annual budget in the same manner as other departments of county or municipal

government, as the case may be, and be limited in all expenditures to the provisions made for the expenditures by

the fiscal body of the county or municipality.

As added by Acts 1981, P.L.309, SEC.23.

IC 36-7-4-207

Members of commission; nonvoting adviser

Sec. 207. (a) ADVISORY. In a city having a park board and a city civil engineer, the city plan commission

consists of nine (9) members, as follows:

(1) One (1) member appointed by the city legislative body from its members.

(2) One (1) member appointed by the park board from its members.

(3) One (1) member or designated representative appointed by the city works board.

24

(4) The city civil engineer or a qualified assistant appointed by the city civil engineer.

(5) Five (5) citizen members, of whom no more than three (3) may be of the same political party, appointed by

the city executive.

(b) ADVISORY. If a city lacks either a park board or a city civil engineer, or both, subsection (a) does not apply.

In such a city or in any town, the municipal plan commission consists of seven (7) members, as follows:

(1) The municipal legislative body shall appoint three (3) persons, who must be elected or appointed municipal

officials or employees in the municipal government, as members.

(2) The municipal executive shall appoint four (4) citizen members, of whom no more than two (2) may be of

the same political party.

(c) AREA. To provide equitable representation of rural and urban populations, representation on the area plan

commission is determined as follows:

(1) Seven (7) representatives from each city having a population of more than one hundred five thousand

(105,000).

(2) Six (6) representatives from each city having a population of not less than seventy thousand (70,000) nor

more than one hundred five thousand (105,000).

(3) Five (5) representatives from each city having a population of not less than thirty-five thousand (35,000) but

less than seventy thousand (70,000).

(4) Four (4) representatives from each city having a population of not less than twenty thousand (20,000) but

less than thirty-five thousand (35,000).

(5) Three (3) representatives from each city having a population of not less than ten thousand (10,000) but less

than twenty thousand (20,000).

(6) Two (2) representatives from each city having a population of less than ten thousand (10,000).

(7) One (1) representative from each town having a population of more than two thousand one hundred (2,100),

and one (1) representative from each town having a population of two thousand one hundred (2,100) or less that had

a representative before January 1, 1979.

(8) Such representatives from towns having a population of not more than two thousand one hundred (2,100) as

are provided for in section 210 of this chapter.

(9) Six (6) county representatives if the total number of municipal representatives in the county is an odd

number, or five (5) county representatives if the total number of municipal representatives is an even number.

(d) METRO. The metropolitan development commission consists of nine (9) citizen members, as follows:

(1) Four (4) members, of whom no more than two (2) may be of the same political party, appointed by the

executive of the consolidated city.

(2) Three (3) members, of whom no more than two (2) may be of the same political party, appointed by the

legislative body of the consolidated city.

(3) Two (2) members, who must be of different political parties, appointed by the board of commissioners of

the county.

(e) METRO. The legislative body of the consolidated city shall appoint an individual to serve as a nonvoting

adviser to the metropolitan development commission when the commission is acting as the redevelopment

commission of the consolidated city under IC 36-7-15.1. If the duties of the metropolitan development commission

under IC 36-7-15.1 are transferred to another entity under IC 36-3-4-23, the individual appointed under this

subsection shall serve as a nonvoting adviser to that entity. A nonvoting adviser appointed under this subsection:

(1) must also be a member of the school board of a school corporation that includes all or part of the territory of

the consolidated city;

(2) is not considered a member of the metropolitan development commission for purposes of IC 36-7-15.1 but

is entitled to attend and participate in the proceedings of all meetings of the metropolitan development commission

(or any successor entity designated under IC 36-3-4-23) when it is acting as a redevelopment commission under

IC 36-7-15.1;

(3) is not entitled to a salary, per diem, or reimbursement of expenses;

(4) serves for a term of two (2) years and until a successor is appointed; and

(5) serves at the pleasure of the legislative body of the consolidated city.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.44, SEC.53; Acts 1982, P.L.1, SEC.62;

P.L.192-1984, SEC.4; P.L.336-1985, SEC.1; P.L.164-1995, SEC.16; P.L.225-1997, SEC.1; P.L.32-2004, SEC.1;

P.L.146-2008, SEC.718.

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IC 36-7-4-218

Members of commission; terms and removal of citizen members

Sec. 218. (a) When an initial term of office of a citizen member expires, each new appointment of a citizen

member is:

(1) for a term of four (4) years (in the case of a municipal, county, or area plan commission);

(2) for a term of three (3) years (in the case of a metropolitan plan commission); or

(3) for a term of one (1), two (2), or three (3) years, as designated by the appointing authority (in the case of the

metropolitan development commission).

A member serves until his successor is appointed and qualified. A member is eligible for reappointment.

(b) ADVISORY. Upon the establishment of a nine (9) member municipal plan commission, the citizen members

shall initially be appointed for the following terms of office:

(1) One (1) for a term of two (2) years.

(2) Two (2) for a term of three (3) years.

(3) Two (2) for a term of four (4) years.

Upon the establishment of a seven (7) member municipal plan commission, two (2) citizen members shall initially

be appointed for a term of three (3) years and two (2) shall initially be appointed for a term of four (4) years. 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.

(c) ADVISORY. Upon the establishment of a county plan commission, the citizen members shall initially be

appointed for the following terms of office:

(1) One (1) for a term of one (1) year.

(2) One (1) for a term of two (2) years.

(3) One (1) for a term of three (3) years.

(4) Two (2) for a term of four (4) years.

Each member's term expires on the first Monday of January of the first, second, third, or fourth year, respectively,

after the year of the member's appointment.

(d) ADVISORY. Upon the establishment of a metropolitan plan commission, the citizen members shall initially

be appointed for the following terms of office:

(1) Three (3) for a term of one (1) year, one (1) appointed by the county legislative body and two (2) by the city

executive. (2) Two (2) for a term of two (2) years, one (1) by each appointing authority.

(3) Two (2) for a term of three (3) years, one (1) by each appointing authority.

(e) AREA. If there is one (1) citizen member on the area plan commission, his initial term of office is one (1)

year. If there are two (2) citizen members, one (1) shall be appointed for a term of one (1) year and one (1) for a

term of two (2) years. If there are three (3) or more citizen members, one (1) shall be appointed for a term of one (1)

year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, and any remainder for a term of four

(4) years. Each member's term expires on the first Monday of January of the first, second, third, or fourth year,

respectively, after the year of the member's appointment.

(f) ADVISORY.AREA. The appointing authority may remove a member from the plan commission for cause.

The appointing authority must mail notice of the removal, along with written reasons for the removal, to the member

at his residence address. A member who is removed may, within thirty (30) days after receiving notice of the

removal, appeal the removal to the circuit or superior court of the county. The court may, pending the outcome of

the appeal, order the removal or stay the removal of the member.

(g) METRO. The appointing authority may remove a citizen member from the metropolitan development

commission. The appointing authority must mail notice of the removal, along with written reasons, if any, for the

removal, to the member at his residence address. A member who is removed may not appeal the removal to a court

or otherwise.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.11; P.L.192-1984, SEC.5.

IC 36-7-4-220

Members of commission; vacancies

Sec. 220. (a) If a vacancy occurs among the plan commission members who are appointed, then the appointing

authority shall appoint a member for the unexpired term of the vacating member.

(b) If a vacancy occurs in the office of the county surveyor, then the county engineer shall be a member of the

plan commission during the time the office of the county surveyor is vacant.

(c) An appointed member who misses three (3) consecutive regular meetings of the metropolitan development

commission shall be treated as if the member had resigned, unless the appointing authority reaffirms the member's

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appointment.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.12; P.L.23-1991, SEC.39.

IC 5-14-3 Chapter 3. Access to Public Records

IC 5-14-3-1

Public policy; construction; burden of proof for nondisclosure

Sec. 1. A fundamental philosophy of the American constitutional form of representative government is that

government is the servant of the people and not their master. Accordingly, it is the public policy of the state that all

persons are entitled to full and complete information regarding the affairs of government and the official acts of

those who represent them as public officials and employees. Providing persons with the information is an essential

function of a representative government and an integral part of the routine duties of public officials and employees,

whose duty it is to provide the information. This chapter shall be liberally construed to implement this policy and

place the burden of proof for the nondisclosure of a public record on the public agency that would deny access to the

record and not on the person seeking to inspect and copy the record.

As added by P.L.19-1983, SEC.6. Amended by P.L.77-1995, SEC.1.

IC 5-14-3-2 Version a

Definitions

Note: This version of section amended by P.L.2-2005, SEC.16. See also following version of this section amended

by P.L.170-2005, SEC.17.

Sec. 2. (a) The definitions set forth in this section apply throughout this chapter.

(b) "Copy" includes transcribing by handwriting, photocopying, xerography, duplicating machine, duplicating

electronically stored data onto a disk, tape, drum, or any other medium of electronic data storage, and reproducing

by any other means.

(c) "Direct cost" means one hundred five percent (105%) of the sum of the cost of:

(1) the initial development of a program, if any;

(2) the labor required to retrieve electronically stored data; and

(3) any medium used for electronic output;

for providing a duplicate of electronically stored data onto a disk, tape, drum, or other medium of electronic data

retrieval under section 8(g) of this chapter, or for reprogramming a computer system under section 6(c) of this

chapter.

(d) "Electronic map" means copyrighted data provided by a public agency from an electronic geographic

information system.

(e) "Enhanced access" means the inspection of a public record by a person other than a governmental entity and

that:

(1) is by means of an electronic device other than an electronic device provided by a public agency in the office

of the public agency; or

(2) requires the compilation or creation of a list or report that does not result in the permanent electronic storage

of the information.

(f) "Facsimile machine" means a machine that electronically transmits exact images through connection with a

telephone network.

(g) "Inspect" includes the right to do the following:

(1) Manually transcribe and make notes, abstracts, or memoranda.

(2) In the case of tape recordings or other aural public records, to listen and manually transcribe or duplicate, or

make notes, abstracts, or other memoranda from them.

(3) In the case of public records available:

(A) by enhanced access under section 3.5 of this chapter; or

(B) to a governmental entity under section 3(c)(2) of this chapter;

to examine and copy the public records by use of an electronic device.

(4) In the case of electronically stored data, to manually transcribe and make notes, abstracts, or memoranda or

to duplicate the data onto a disk, tape, drum, or any other medium of electronic storage.

(h) "Investigatory record" means information compiled in the course of the investigation of a crime.

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(i) "Patient" has the meaning set out in IC 16-18-2-272(d).

(j) "Person" means an individual, a corporation, a limited liability company, a partnership, an unincorporated

association, or a governmental entity.

(k) "Provider" has the meaning set out in IC 16-18-2-295(a) and includes employees of the state department of

health or local boards of health who create patient records at the request of another provider or who are social

workers and create records concerning the family background of children who may need assistance.

(l) "Public agency" means the following:

(1) Any board, commission, department, division, bureau, committee, agency, office, instrumentality, or

authority, by whatever name designated, exercising any part of the executive, administrative, judicial, or legislative

power of the state.

(2) Any:

(A) county, township, school corporation, city, or town, or any board, commission, department, division,

bureau, committee, office, instrumentality, or authority of any county, township, school corporation, city, or town;

(B) political subdivision (as defined by IC 36-1-2-13); or

(C) other entity, or any office thereof, by whatever name designated, exercising in a limited geographical

area the executive, administrative, judicial, or legislative power of the state or a delegated local governmental

power.

(3) Any entity or office that is subject to:

(A) budget review by either the department of local government finance or the governing body of a county,

city, town, township, or school corporation; or

(B) an audit by the state board of accounts.

(4) Any building corporation of a political subdivision that issues bonds for the purpose of constructing public

facilities.

(5) Any advisory commission, committee, or body created by statute, ordinance, or executive order to advise

the governing body of a public agency, except medical staffs or the committees of any such staff.

(6) Any law enforcement agency, which means an agency or a department of any level of government that

engages in the investigation, apprehension, arrest, or prosecution of alleged criminal offenders, such as the state

police department, the police or sheriff's department of a political subdivision, prosecuting attorneys, members of

the excise police division of the alcohol and tobacco commission, conservation officers of the department of natural

resources, and the security division of the state lottery commission.

(7) Any license branch staffed by employees of the bureau of motor vehicles commission under IC 9-16.

(8) The state lottery commission established by IC 4-30-3-1, including any department, division, or office of

the commission.

(9) The Indiana gaming commission established under IC 4-33, including any department, division, or office of

the commission.

(10) The Indiana horse racing commission established by IC 4-31, including any department, division, or office

of the commission.

(m) "Public record" means any writing, paper, report, study, map, photograph, book, card, tape recording, or other

material that is created, received, retained, maintained, or filed by or with a public agency and which is generated on

paper, paper substitutes, photographic media, chemically based media, magnetic or machine readable media,

electronically stored data, or any other material, regardless of form or characteristics.

(n) "Standard-sized documents" includes all documents that can be mechanically reproduced (without mechanical

reduction) on paper sized eight and one-half (8 1/2) inches by eleven (11) inches or eight and one-half (8 1/2) inches

by fourteen (14) inches.

(o) "Trade secret" has the meaning set forth in IC 24-2-3-2.

(p) "Work product of an attorney" means information compiled by an attorney in reasonable anticipation of

litigation. The term includes the attorney's:

(1) notes and statements taken during interviews of prospective witnesses; and

(2) legal research or records, correspondence, reports, or memoranda to the extent that each contains the

attorney's opinions, theories, or conclusions.

This definition does not restrict the application of any exception under section 4 of this chapter.

As added by P.L.19-1983, SEC.6. Amended by P.L.34-1984, SEC.1; P.L.54-1985, SEC.1; P.L.50-1986, SEC.1;

P.L.42-1986, SEC.2; P.L.341-1989(ss), SEC.6; P.L.2-1991, SEC.29; P.L.2-1992, SEC.53; P.L.2-1993, SEC.49;

P.L.58-1993, SEC.1; P.L.8-1993, SEC.57; P.L.277-1993(ss), SEC.128; P.L.1-1994, SEC.21; P.L.77-1995,

28

SEC.2; P.L.50-1995, SEC.15; P.L.1-1999, SEC.6; P.L.256-1999, SEC.1; P.L.204-2001, SEC.12; P.L.90-2002,

SEC.18; P.L.261-2003, SEC.5; P.L.2-2005, SEC.16.

IC 5-14-1.5 Chapter 1.5. Public Meetings (Open Door Law)

IC 5-14-1.5-1

Purpose

Sec. 1. In enacting this chapter, the general assembly finds and declares that this state and its political

subdivisions exist only to aid in the conduct of the business of the people of this state. It is the intent of this chapter

that the official action of public agencies be conducted and taken openly, unless otherwise expressly provided by

statute, in order that the people may be fully informed. The purposes of this chapter are remedial, and its provisions

are to be liberally construed with the view of carrying out its policy.

As added by Acts 1977, P.L.57, SEC.1. Amended by P.L.67-1987, SEC.1.

IC 36-7-4-307

Organization; special meetings

Sec. 307. Special meetings of a plan commission may be called by the president or by two (2) members of the

commission upon written request to the secretary. The secretary shall send to all members, at least three (3) days

before the special meeting, a written notice fixing the time and place of the meeting. Written notice of a special

meeting is not required if:

(1) the date, time, and place of a special meeting are fixed in a regular meeting; and

(2) all members of the commission are present at that regular meeting.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.17.

IC 5-3-1 Chapter 1. Publication Procedures

IC 5-3-1-0.4

"Newspaper" defined

Sec. 0.4. As used in this chapter, "newspaper" refers to a newspaper:

(1) that:

(A) is a daily, weekly, semiweekly, or triweekly newspaper of general circulation;

(B) has been published for at least three (3) consecutive years in the same city or town;

(C) has been entered, authorized, and accepted by the United States Postal Service for at least three (3)

consecutive years as mailable matter of the periodicals class; and

(D) has at least fifty percent (50%) of all copies circulated paid for by subscribers or other purchasers at a

rate that is not nominal; or

(2) that:

(A) is a daily, weekly, semiweekly, or triweekly newspaper of general circulation;

(B) has been entered, authorized, and accepted by the United States Postal Service as mailable matter of the

periodicals class;

(C) has at least fifty percent (50%) of all copies circulated paid for by subscribers or other purchasers at a

rate that is not nominal; and

(D) meets the greater of the following conditions:

(i) The newspaper's paid circulation during the preceding year is equal to at least fifty percent (50%) of the

paid circulation for the largest newspaper with a periodicals class permit located in the county in which the

newspaper is published, based on the average paid or requested circulation for the preceding twelve (12) months

reported in the newspaper's United States Postal Service Statement of Ownership published by the newspaper in

October of each year or based on the newspaper's initial application for a permit from the United States Postal

Service.

(ii) The newspaper has an average daily paid circulation of one thousand five hundred (1,500) based on

the average paid or requested circulation for the preceding twelve (12) months reported in the newspaper's United

States Postal Service Statement of Ownership published by the newspaper in October of each year or based on the

newspaper's initial application for a permit from the United States Postal Service.

29

As added by P.L.64-1995, SEC.1. Amended by P.L.38-1997, SEC.1; P.L.169-2006, SEC.1.

IC 5-3-1-0.6

Place of publication

Sec. 0.6. (a) For purposes of this chapter, a newspaper or qualified publication is published at the place where the

newspaper or qualified publication has its original entry for mail privileges authorized by the United States Postal

Service.

(b) For purposes of this chapter, a newspaper or qualified publication is considered published at only one (1)

place. The place of publication does not include places at which additional entry offices have been established with

the authorization of the United States Postal Service.

As added by P.L.64-1995, SEC.2. Amended by P.L.38-1997, SEC.2.

IC 5-3-1-0.7

"Qualified publication" defined

Sec. 0.7. (a) As used in this chapter, "qualified publication" means a publication that:

(1) is published daily, weekly, semiweekly, or triweekly;

(2) is of general circulation to the public;

(3) has been published for at least three (3) consecutive years in the same city or town;

(4) has continuity as to title and general nature of content from issue to issue;

(5) contains news of general or community interest, community notices, or editorial commentary;

(6) contains advertisements from unrelated advertisers in each issue;

(7) has, in more than one-half (1/2) of its issues published during the previous twelve (12) month period, not

more than seventy-five percent (75%) advertising content;

(8) has a known office location in the county in which it is published; and

(9) has been entered, authorized, and accepted by the United States Postal Service as mailable matter of

standard mail (A) class for the time published.

(b) A publication is not a qualified publication if any of the following apply:

(1) The publication is owned by, or under the control of, the owners or lessees of a shopping center or a

merchant's association.

(2) The publication is owned by, or under the control of, a business that sells property or services (other than

advertising) and the predominant advertising in the publication is advertising for the business's sales of property or

services.

(3) The publication is a mail order catalog or other catalog, advertising flier, travel brochure, house organ,

theater program, telephone directory, restaurant guide, shopping center

advertising sheet, or other similar publication.

(4) The publication is primarily devoted to matters of specialized interest such as a labor, fraternal, society,

political, religious, sporting, or trade news publication or journal.

(5) The publication is a magazine, racing form, or tip sheet.

As added by P.L.64-1995, SEC.3. Amended by P.L.38-1997, SEC.3.

IC 5-3-1-1

Cost of advertising; form of legal advertisements; determination of circulation

Sec. 1. (a) The cost of all public notice advertising which any elected or appointed public official or

governmental agency is required by law to have published, or orders published, for which the compensation to the

newspapers or qualified publications publishing such advertising is drawn from and is the ultimate obligation of the

public treasury of the governmental unit concerned with the advertising shall be charged to and collected from the

proper fund of the public treasury and paid over to the newspapers or qualified publications publishing such

advertising, after proof of publication and claim for payment has been filed.

(b) The basic charges for publishing public notice advertising shall be by the line and shall be computed based on

a square of two hundred and fifty (250) ems at the following rates:

(1) Before January 1, 1996, three dollars and thirty cents ($3.30) per square for the first insertion in newspapers

or qualified publications plus one dollar and sixty-five cents ($1.65) per square for each additional insertion in

newspapers or qualified publications.

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(2) After December 31, 1995, and before December 31, 2005, a newspaper or qualified publication may,

effective January 1 of any year, increase the basic charges by five percent (5%) more than the basic charges that

were in effect during the previous year. However, the basic charges for the first insertion of a public notice in a

newspaper or qualified publication may not exceed the lowest classified advertising rate charged to advertisers by

the newspaper or qualified publication for comparable use of the same amount of space for other purposes.

(3) After December 31, 2009, a newspaper or qualified publication may, effective January 1 of any year,

increase the basic charges by not more than two and three-quarters percent (2.75%) more than the basic charges that

were in effect during the previous year. However, the basic charges for the first insertion of a public notice in a

newspaper or qualified publication may not exceed the lowest classified advertising rate charged to advertisers by

the newspaper or qualified publication for comparable use of the same amount of space for other purposes and must

include all multiple insertion discounts extended to the newspaper's other advertisers.

An additional charge of fifty percent (50%) shall be allowed for the publication of all public notice advertising

containing rule or tabular work.

(c) All public notice advertisements shall be set in solid type that is at least 7 point type, without any leads or

other devices for increasing space. All public notice advertisements shall be headed by not more than two (2) lines,

neither of which shall total more than four (4) solid lines of the type in which the body of the advertisement is set.

Public notice advertisements may be submitted by an appointed or elected official or a governmental agency to a

newspaper or qualified publication in electronic form, if the newspaper or qualified publication is equipped to accept

information in compatible electronic form.

(d) Each newspaper or qualified publication publishing public notice advertising shall submit proof of publication

and claim for payment in duplicate on each public notice advertisement published. For each additional proof of

publication required by a public official, a charge of one dollar ($1) per copy shall be allowed each newspaper or

qualified publication furnishing proof of publication.

(e) The circulation of a newspaper or qualified publication is determined as follows:

(1) For a newspaper, by the circulation stated on line 10.C. (Total Paid and/or Requested Circulation of Single

Issue Published Nearest to Filing Date) of the Statement of Ownership, Management and Circulation required by 39

U.S.C. 3685 that was filed during the previous year.

(2) For a qualified publication, by a verified affidavit filed with each governmental agency that has public

notices the qualified publication wants to publish. The affidavit must:

(A) be filed with the governmental agency before January 1 of each year; and

(B) attest to the circulation of the qualified publication for the issue published nearest to October 1 of the

previous year.

(Formerly: Acts 1927, c.96, s.1; Acts 1957, c.16, s.1; Acts 1967, c.89, s.1.) As amended by Acts 1979, P.L.33,

SEC.1; P.L.52-1987, SEC.1; P.L.64-1995, SEC.4; P.L.141-2009, SEC.1.

IC 5-3-1-1.5

Posting notice on newspaper web site

Sec. 1.5. (a) This section applies after June 30, 2009, to a notice that must be published in accordance with this

chapter.

(b) If a newspaper maintains an Internet web site, a notice that is published in the newspaper must also be posted

on the newspaper's web site. The notice must appear on the web site on the same day the notice appears in the

newspaper.

(c) The state board of accounts shall develop a standard form for notices posted on a newspaper's Internet web

site.

(d) A newspaper may not charge a fee for posting a notice on the newspaper's Internet web site under this section.

As added by P.L.141-2009, SEC.2.

IC 5-3-1-2

Public hearings or meetings, elections, and other events; requirements for publication of notice; posting

instead of publication

Sec. 2. (a) This section applies only when notice of an event is required to be given by publication in accordance

with this chapter.

(b) If the event is a public hearing or meeting concerning any matter not specifically mentioned in subsection (c),

(d), (e), (f), (g), or (h) notice shall be published one (1) time, at least ten (10) days before the date of the hearing or

meeting.

31

(c) If the event is an election, notice shall be published one (1) time, at least ten (10) days before the date of the

election.

(d) If the event is a sale of bonds, notes, or warrants, notice shall be published two (2) times, at least one (1) week

apart, with:

(1) the first publication made at least fifteen (15) days before the date of the sale; and

(2) the second publication made at least three (3) days before the date of the sale.

(e) If the event is the receiving of bids, notice shall be published two (2) times, at least one (1) week apart, with

the second publication made at least seven (7) days before the date the bids will be received.

(f) If the event is the establishment of a cumulative or sinking fund, notice of the proposal and of the public

hearing that is required to be held by the political subdivision shall be published two (2) times, at least one (1) week

apart, with the second publication made at least three (3) days before the date of the hearing.

(g) If the event is the submission of a proposal adopted by a political subdivision for a cumulative or sinking fund

for the approval of the department of local government finance, the notice of the submission shall be published one

(1) time. The political subdivision shall publish the notice when directed to do so by the department of local

government finance.

(h) If the event is the required publication of an ordinance, notice of the passage of the ordinance shall be

published one (1) time within thirty (30) days after the passage of the ordinance.

(i) If the event is one about which notice is required to be published after the event, notice shall be published one

(1) time within thirty (30) days after the date of the event.

(j) If the event is anything else, notice shall be published two (2) times, at least one (1) week apart, with the

second publication made at least three (3) days before the event.

(k) If any officer charged with the duty of publishing any notice required by law is unable to procure

advertisement:

(1) at the price fixed by law;

(2) because the newspaper refuses to publish the advertisement; or

(3) because the newspaper refuses to post the advertisement on the newspaper's Internet web site (if required

under section 1.5 of this chapter);

it is sufficient for the officer to post printed notices in three (3) prominent places in the political subdivision, instead

of publication of the notice in newspapers and on an Internet web site (if required under section 1.5 of this chapter).

(l) If a notice of budget estimates for a political subdivision is published as required in IC 6-1.1-17-3, and the

published notice contains an error due to the fault of a newspaper, the notice as presented for publication is a valid

notice under this chapter.

(m) Notwithstanding subsection (j), if a notice of budget estimates for a political subdivision is published as

required in IC 6-1.1-17-3, and if the notice is not published at least ten (10) days before the date fixed for the public

hearing on the budget estimate due to the fault of a newspaper, the notice is a valid notice under this chapter if it is

published one (1) time at least three (3) days before the hearing.

(Formerly: Acts 1927, c.96, s.2.) As amended by Acts 1981, P.L.45, SEC.1; P.L.23-1984, SEC.6; P.L.36-1986,

SEC.1; P.L.53-1987, SEC.1; P.L.54-1987, SEC.1; P.L.10-1989, SEC.19; P.L.1-1990, SEC.49; P.L.64-1995, SEC.5;

P.L.153-1999, SEC.1; P.L.90-2002, SEC.14; P.L.141-2009, SEC.3.

IC 5-3-1-2.3

Validity of notice containing errors or omissions; correction of errors and omissions

Sec. 2.3. (a) A notice published in accordance with this chapter or any other Indiana statute is valid even though

the notice contains errors or omissions, as long as:

(1) a reasonable person would not be misled by the error or omission; and

(2) the notice is in substantial compliance with the time and publication requirements applicable under this

chapter or any other Indiana statute under which the notice is published.

(b) This subsection applies if:

(1) a county auditor publishes a notice concerning a tax rate, tax levy, or budget of a political subdivision in the

county;

(2) the notice contains an error or omission that causes the notice to inaccurately reflect the tax rate, tax levy, or

budget actually proposed or fixed by the political subdivision; and

(3) the county auditor is responsible for the error or omission described in subdivision (2).

Notwithstanding any other law, the department of local government finance may correct an error or omission

described in subdivision (2) at any time. If an error or omission described in subdivision (2) occurs, the county

auditor must publish, at the county's expense, a notice containing the correct tax rate, tax levy, or budget as proposed

32

or fixed by the political subdivision.

As added by P.L.1-1990, SEC.50. Amended by P.L.169-2006, SEC.2.

IC 36-7-4-608

Zoning ordinance; procedure for changing zoning maps

Sec. 608. (a) This section applies to a proposal, as described in section 602(c) of this chapter, to change the zone

maps incorporated by reference into the zoning ordinance.

(b) If the proposal is not initiated by the plan commission, it must be referred to the commission for consideration

and recommendation before any final action is taken by the legislative body. On receiving or initiating the proposal,

the commission shall, within sixty (60) days, hold a public hearing in accordance with section 604 of this chapter.

Within ten (10) business days after the commission determines its recommendation (if any), the commission shall

certify the proposal under section 605 of this chapter.

(c) METRO. This subsection applies if the proposal receives a favorable recommendation from the plan

commission: (1) At the first regular meeting of the legislative body after the proposal is certified under section 605

of this chapter, the legislative body may, by a majority of those voting, schedule the proposal for a hearing on a date

not later than its next regular meeting.

(2) If the legislative body fails to schedule the proposal for a hearing under subdivision (1), the ordinance takes

effect as if it had been adopted at the first regular meeting of the legislative body after the proposal is certified under

section 605 of this chapter.

(3) For purposes of this subdivision, the final action date for a proposal is the date thirty (30) days after the date

that the proposal is certified under section 605 of this chapter, or the date of the second regular meeting after the

proposal is certified under section 605 of this chapter, whichever is later. If the legislative body schedules the

proposal for a hearing under subdivision (1) but fails to act on it by the final action date, the ordinance takes effect

as if it had been adopted (as certified) on the final action date. However, the period of time from certification under

section 605 of this chapter to the final action date may be extended by the legislative body, with the consent of the

initiating plan commission or the petitioning property owners. If the legislative body fails to act on the proposal by

the final action date (as extended), the ordinance takes effect as if it had been adopted (as certified) on that extended

final action date.

(4) If the legislative body schedules the proposal for a hearing under subdivision (1), it shall announce the

hearing during a meeting and enter the announcement in its memoranda and minutes. The announcement must state:

(A) the date, time, and place of the hearing;

(B) a description of the proposed changes in the zone maps;

(C) that written objections to the proposal filed with the clerk of the legislative body or with the county

auditor will be heard; and

(D) that the hearing may be continued from time to time as may be found necessary.

(5) If the legislative body rejects the proposal at a hearing scheduled under subdivision (1), it is defeated.

(d) METRO. The plan commission may adopt a rule to limit further consideration, for up to one (1) year after its

defeat, of a proposal that is defeated under subsection (c)(5).

(e) ADVISORY.AREA. The legislative body shall vote on the proposal within ninety (90) days after the plan

commission certifies the proposal under section 605 of this chapter.

(f) ADVISORY.AREA. This subsection applies if the proposal receives a favorable recommendation from the

plan commission:

(1) At the first regular meeting of the legislative body after the proposal is certified under section 605 of this

chapter (or at any subsequent meeting within the ninety (90) day period), the

legislative body may adopt or reject the proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its

intention to consider the proposal at that meeting.

(2) If the legislative body adopts (as certified) the proposal, it takes effect as other ordinances of the legislative

body.

(3) If the legislative body rejects the proposal, it is defeated.

(4) If the legislative body fails to act on the proposal within ninety (90) days after certification, the ordinance

takes effect as if it had been adopted (as certified) ninety (90) days after certification.

(g) ADVISORY.AREA. This subsection applies if the proposal receives either an unfavorable recommendation or

no recommendation from the plan commission:

(1) At the first regular meeting of the legislative body after the proposal is certified under section 605 of this

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chapter (or at any subsequent meeting within the ninety (90) day period), the legislative body may adopt or reject the

proposal. The legislative body shall give notice under IC 5-14-1.5-5 of its intention to consider the proposal at that

meeting.

(2) If the legislative body adopts (as certified) the proposal, it takes effect as other ordinances of the legislative

body.

(3) If the legislative body rejects the proposal, it is defeated.

(4) If the legislative body fails to act on the proposal within ninety (90) days after certification, it is defeated.

(h) ADVISORY.AREA. The plan commission may adopt a rule to limit further consideration, for up to one (1)

year after its defeat, of a proposal that is defeated under subsection (f)(3), (g)(3), or (g)(4).

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.45, SEC.22; P.L.335-1985, SEC.22; P.L.345-

1987, SEC.1.

IC 36-7-4-709

Subdivision control; secondary approval of plat; proof of financial responsibility; rule for determination of

completion of improvements and installations

Sec. 709. (a) Secondary approval under section 710 of this chapter may be granted to a plat for a subdivision in

which the improvements and installments have not been completed as required by the subdivision control ordinance,

if:

(1) the applicant provides a bond, or other proof of financial responsibility as prescribed by the legislative body

in the subdivision control ordinance, that:

(A) is an amount determined by the plan commission or plat committee to be sufficient to complete the

improvements and installations in compliance with the ordinance; and

(B) provides surety satisfactory to the plan commission or plat committee; or

(2) with respect to the installation or extension of water, sewer, or other utility service:

(A) the applicant shows by written evidence that it has

entered into a contract with the political subdivision or utility providing the service; and

(B) the plan commission determines based on written evidence that the contract provides satisfactory

assurance that the service will be installed or extended in compliance with the subdivision control ordinance.

(b) Any money received from a bond or otherwise shall be used only for making the improvements and

installments for which the bond or other proof of financial responsibility was provided. This money may be used for

these purposes without appropriation. The improvement or installation must conform to the standards provided for

such improvements or installations by the municipality in which it is located, as well as the subdivision control

ordinance.

(c) The plan commission shall, by rule, prescribe the procedure for determining whether all improvements and

installations have been constructed and completed as required by the subdivision control ordinance. The rule must

designate the person or persons responsible for making the determination.

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.13; P.L.337-1985, SEC.1.

IC 36-7-3-11

Filing petition to vacate; contents of petition; hearing date; procedures for notice and hearing; approval,

disapproval, or imposition of conditions

Sec. 11. (a) The owner of land in a plat may file with the plan commission that has jurisdiction over the platted

area under IC 36-7-4 a petition to vacate all or part of the plat pertaining to the land owned by the petitioner.

(b) The petition must:

(1) state the reasons for and circumstances prompting the request;

(2) specifically describe the property in the plat proposed to be vacated; and

(3) give the name and address of each owner of land in the plat.

The petition may include a request to vacate any recorded covenants or commitments filed as part of the plat. The

covenants or commitments are then also subject to vacation.

(c) Within thirty (30) days after receipt of a petition for vacation of a plat, the plan commission staff shall

announce the date for a hearing before the plan commission. The plan commission shall, by rule, prescribe

procedures for setting hearing dates, mailing written notice to each owner of land in the plat, and providing such

other notice as may be required in accordance with IC 36-7-4-706. The petitioner shall pay all expenses of providing

the notice required by this subsection.

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(d) The plan commission shall, by rule, prescribe procedures for the conduct of the hearing, which must include a

provision giving each owner of land in the plat an opportunity to comment on the petition.

(e) The plan commission shall approve or deny the petition for vacation. The plan commission shall approve the

petition for vacation of all or part of a plat only upon a determination that:

(1) conditions in the platted area have changed so as to defeat the original purpose of the plat;

(2) it is in the public interest to vacate all or part of the plat; and

(3) the value of that part of the land in the plat not owned by the petitioner will not be diminished by vacation.

(f) If, after the hearing, the plan commission determines that the plat or part of the plat should be vacated, it shall

make written findings and a decision approving the petition. The plan commission may impose reasonable

conditions as part of its approval. The decision must be signed by an official designated in the subdivision control

ordinance. The plan commission shall furnish a copy of its decision to the county recorder for recording.

(g) If, after the hearing, the plan commission disapproves the petition for vacation, it shall make written findings

that set forth its reasons in a decision denying the petition and shall provide the petitioner with a copy. The decision

must be signed by the official designated in the subdivision control ordinance.

(h) The approval, disapproval, or imposition of a condition on the approval of the vacation of all or part of a plat

is a final decision of the plan commission. The petitioner or an aggrieved party may seek review of the decision of

the plan commission as provided by IC 36-7-4-1016.

As added by Acts 1981, P.L.309, SEC.22. Amended by P.L.220-1986, SEC.6.