The Planning Director, including his/her designee(s), will have the principal responsibility for administration and enforcing and/or coordination of the enforcement of this chapter. The duties of the Planning Director, or his/her designee shall include, but not be limited to:

   (A)   Reviewing, approving, or disapproving all improvement location permits and keeping permanent records of applications made and actions taken;

   (B)   Conducting inspections of structures and properties to determine compliance with the requirements of this chapter and all approvals granted by the Plan Commission and Board of Zoning Appeals;

   (C)   Maintaining permanent and current records documenting the application of this chapter including, but not limited to, all maps, amendments, special uses, variances, and appeals;

   (D)   Receiving, processing and referring to the Plan Commission all amendment applications;

   (E)   Receiving, processing, and referring to the Board of Zoning Appeals all appeals, variances, special uses, and other matters upon which it is authorized to act under this chapter and the Indiana Code;

   (F)   Provide all such clerical and technical assistance as may be required by the Board of Zoning Appeals, Plan Commission, Town Council, or other body in the execution of its duties as established by this chapter and the Indiana Code.

(Ord. 2013-02, passed 3-11-13)

   Legal notice of any public hearing shall be made by applicant as required by IC 5-3-1 series and due notice shall be made by mail to all property owners of record within 100 feet of each property line. Such required notice shall be made by the applicant and at the applicant's expense and such notice shall be made at least ten days prior to the date set for the hearing. The notice shall include the following information:

   (A)   The general location of the subject property and a legal description of the land;

   (B)   The street or common address of the real estate;

   (C)   That the project application, and any supportive plans, are available for examination at the office of the Plan Commission;

   (D)   That a public hearing will be held and giving the date, time, and place of the hearing; and

   (E)   That written comments on the petition will be accepted prior to the public hearing and may be submitted to the Planning Director.

(Ord. 2013-02, passed 3-11-13; Am. Ord. 2018-21, passed 8-13-18)

   (A)   Committee intent. The Technical Review Committee (also known and referred to in this subchapter as the "TRC" and "the Committee") is hereby formed for the purpose of providing technical review of certain types of petitions and applications. The intent of the Technical Review Committee is to provide efficiency in the work load of the Plan Commission as well as applicants by establishing a body to make determinations regarding petitions for which the only criteria is consistency with the applicable adopted standards of the town. Further, the TRC shall provide for efficiency in the approval process of petitions determined by the Plan Commission and Town Council by providing an initial examination and report based on all applicable adopted requirements of the town. All approval processes and actions of the Technical Review Committee shall be consistent with the requirements of Indiana Law.

      (1)   Approval authority. The Technical Review Committee shall have the authority to approve site development plans as defined by §§ 155.110 through 155.115;

      (2)   Review authority. The Technical Review Committee shall have the authority to review the following types of petitions, forwarding comments to the Plan Commission:

         (a)   Re-zoning petitions;

         (b)   Planned unit development concept plans; and

         (c)   Planned unit development detailed plans.

      (3)   Appeal rights. All decisions of the Technical Review Committee may be appealed to the Plan Commission following the procedure outlined in this subchapter.

   (B)   Committee structure. The Planning Commission staff shall also serve as the staff for the Technical Review Committee. They shall distribute all appropriate materials and keep all necessary files and meeting records. The organization of the Technical Review Committee shall be as described below:

      (1)   The Technical Review Committee shall, at a minimum, consist of the following members: the Planning Director and other staff of the Plan Commission as determined by the Planning Director;

      (2)   Members of the Committee shall either be present at the time of the scheduled Committee meeting or submit written comments regarding each specific petition to the Planning Director prior to the appropriate meeting.

         (a)   Each committee member shall only comment on the aspects of each petition that directly relate to their area of expertise regarding the applicable adopted standards of the town.

         (b)   If no comments are received from any member of the Committee it shall indicate that they have no objection to any aspect of the petition, and therefore grant their individual approval.

         (c)   The Planning Director shall determine the action to be taken on each petition by the Committee based on the comments of the Committee members.

      (3)   The Planning Director shall oversee the operation of the Technical Review Committee and shall make the final determination regarding any specific aspect of a petition on which members of the Technical Review Committee disagree. In cases of disagreement and at his/her discretion, the Planning Director may forward any petition before the Technical Review Committee to the Plan Commission for a determination on the request.

      (4)   All petitions which are not approved by the Technical Review Committee and not forwarded to the Plan Commission shall be tabled and placed on the agenda for the next appropriate Committee meeting.

         (a)   Prior to that meeting the petitioner shall address the comments of the Committee, making appropriate modifications to the application materials.

         (b)   The petitioner shall provide appropriate copies of the revised materials prior to the next Committee meeting based on the adopted calendar of meeting and filing dates.

         (c)   The petitioner may withdraw any petition following the review of the Technical Review Committee by submitting a notice of such withdrawal in writing to the Planning Director. Any petitions which are withdraw and are subsequently re-filed shall be considered a new petition and shall be subject to all applicable requirements for new petitions established by this chapter.

   (C)   Attendance required. Either the petitioner or a representative of the petitioner shall be required to attend all Technical Review Committee meetings at which their petition shall be reviewed, if deemed necessary by Planning Director. If either the petitioner or their representative is not present, the petition shall automatically be tabled and placed on the agenda for the next appropriate TRC meeting.

   (D)   Meeting record. The Planning Director shall make written documentation of the comments and findings of the Technical Review Committee for each petition and make those findings available to the petitioner within three business days of the Committee's review. The written documentation shall consist of the following:

      (1)   A letter to the petitioner stating the action taken by the Committee; and

      (2)   A list of any outstanding comments made by the members of the TRC, including references to appropriate sections of adopted, applicable requirements of the town, the State of Indiana, and/or the federal government.

   (E)   Decision criteria. In all cases, the Technical Review Committee shall only consider the applicable adopted requirements of this chapter, the Subdivision Control Code, §§ 155.190 et seq., any adopted town construction standards, any adopted standards of the Drainage Board, and any other adopted and applicable standards of the town, the State of Indiana, and/or the federal government.

      (1)   In all cases in which the TRC has approval authority and a petition conforms to the applicable standards, that petition shall be approved.

      (2)   In no case shall any petitioner be required to make any modifications to any petition based solely on the opinions or other undocumented and adopted standards of any member of the Committee. This shall not be interpreted as prohibiting any committee member from providing comments which express their professional opinions regarding a petition being forwarded to the Plan Commission.

   (F)   Appeal procedure. Any applicant or interested party may appeal the decision of the Technical Review Committee to the Plan Commission. Applicants seeking relief from specific development standards or other requirements of the zoning code which are unrelated to the Committee's interpretation of the applicable requirements shall be required to obtain variance approval from the Board of Zoning Appeals.

      (1)   The appealing party shall be required to provide the Planning Director with written notice of the appeal within 60 days of the date of the Committee decision.

      (2)   The Planning Director shall place the appeal on the agenda for the next appropriate Plan Commission meeting consistent with the adopted calendar of meeting and filing dates.

      (3)   Public notice for the meeting shall be required, consistent with the provisions of this chapter.

      (4)   The Plan Commission shall consider the provisions of this chapter and all other documented, applicable standards in deciding the appeal.

(Ord. 2013-02, passed 3-11-13)

   The powers and duties of the Town Council are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional to be initiated.

   (A)   Town Council duties include:

      (1)   Adopt, reject or amend the comprehensive plan, strategic plans, zoning code, or subdivision control code that has been certified and submitted by the Plan Commission;

      (2)   Adopt, reject or amend proposals to amend or partially repeal the text of the Comprehensive plan, strategic plans, zoning code, or subdivision control code that have been certified and submitted by the Plan Commission;

      (3)   Adopt, reject or amend proposals to amend the official zoning map certified and submitted by the Plan Commission;

      (4)   Adopt, reject or amend proposals to adopt or amend a fee schedule that have been certified and submitted by the Plan Commission;

      (5)   Approve or deny final plats or re-plats of subdivisions, thereby accepting or declining public improvements; and

      (6)   All additional duties as permitted by the Indiana Code.

   (B)   Town Council powers include:

      (1)   Initiate amendments to the text of the comprehensive plan, strategic plans, zoning code, or subdivision control code;

      (2)   Initiate amendments to the official zoning map; and

      (3)   All additional powers as permitted by the Indiana Code.

(Ord. 2013-02, passed 3-11-13)

   The powers and duties of the Plan Commission are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional to be initiated.

   (A)   Plan Commission duties include:

      (1)   Adopt and maintain a Town Council approved comprehensive plan, zoning code and subdivision control code as authorized under the Indiana Code;

      (2)   Adopt and maintain rules and procedures for holding meetings, holding public hearings, and administrating and enforcing the comprehensive plan, zoning code, and subdivision control code;

      (3)   Maintain complete records of all meetings, hearings, correspondences, and affairs of the Plan Commission;

      (4)   Record and file bonds and contracts for development and land use activities;

      (5)   Publish and make available to the public all plans, codes, and other related material that are the responsibility of the Plan Commission;

      (6)   Adopt and maintain a permitting process and seal used to certify official or approved documents;

      (7)   Certify and submit recommendations to the Town Council including new versions of, and revisions to the comprehensive plan, zoning code, subdivision control code, and official zoning map;

      (8)   Certify and submit recommendations to the Town Council for adopting a planned unit development district;

      (9)   Maintain monetary and fiscal records of the Plan Commission;

      (10)   Prepare and submit an annual budget to the Town Council;

      (11)   Approve or deny preliminary plats, re-plats, and the vacation of plats of subdivisions;

      (12)   Assign street numbers to new lots and structures, renumber lots and structures, assign street names, and approve or deny proposed street names in new developments;

      (13)   Establish and maintain a Town Council approved fee schedule that assigns a fee to permits, processes, and official actions of the Plan Commission in order to defray the administrative costs of such duties and powers;

      (14)   Enforce regulations and procedures of the comprehensive plan, zoning code, and subdivision control code to the extent of local resolutions, codes, and the Indiana Code;

      (15)   Grant or deny requests for waivers of the requirements of the subdivision control code; and

      (16)   All additional duties as permitted by the Indiana Code.

   (B)   Plan Commission powers include:

      (1)   Hire, remove, and determine job descriptions for support staff to the Plan Commission;

      (2)   Establish advisory committees as necessary, made up of town officials and the general public;

      (3)   Establish an executive committee;

      (4)   Seek funding assistance through grant programs as necessary;

      (5)   Distribute copies or summaries of the comprehensive plan, zoning code, or subdivision control code to the general public and development community; and

      (6)   All additional powers as permitted by the Indiana Code.

(Ord. 2013-02, passed 3-11-13)

   The powers and duties of the Board of Zoning Appeals are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional to be initiated. The powers, duties, rules, and procedures are further described by §§ 155.130 through 155.142 and the Board of Zoning Appeals rules and procedures.

   (A)   Board of Zoning Appeals duties include;

      (1)   Review and hear appeals of decisions made under this chapter or in the enforcement of this chapter by the Planning Director or other Plan Commission staff, committees or administrative boards or any other body except the Plan Commission;

      (2)   Review, hear, and approve or deny all petitions for special uses based on the provisions of this chapter and the Indiana Code;

      (3)   Review, hear, and approve or deny all petitions for variances from development standards (such as height, bulk, or area) based on the provisions of this chapter and the Indiana Code; and

      (4)   All additional duties as permitted by the Indiana Code.

   (B)   Board of Zoning Appeals powers include any powers as permitted by the Indiana Code.

(Ord. 2013-02, passed 3-11-13)