a.

Pursuant to Indiana Code, § 36-7-4-207(b), the plan commission shall consist of seven (7) members, with the city council appointing three (3) of those individuals with said individuals required to be elected or appointed municipal officials or municipal employees. The mayor shall appoint four (4) citizen members of whom not more than two (2) may be of the same political party.

b.

Pursuant to Indiana Code, § 36-7-4-214, since the plan commission exercises jurisdiction outside of the Wabash corporate limits, the county commissioners may appoint two (2) additional members with said members being required to maintain their residence in the municipal area or jurisdiction, and each to be of a different political party.

a.

Definition—These definitions apply to each provision of the rules.

b.

Commission means the Wabash City Plan Commission.

c.

Director means the building commissioner for the city of Wabash.

d.

President means the President of the Wabash City Plan Commission.

e.

Secretary means the Secretary of the Wabash City Plan Commission.

f.

Vice-president means the Vice-president of the Wabash City Plan Commission.

g.

Citation—These rules shall be cited as "Wabash City Plan Commission Rule(s)" section 10-105, et seq.

(Gen. Ord. No. 1, 1995, Appendix A, §§ 1.1—1.7, 4-24-95)

a.

Election of officers:

1.

The officers of the commission are the president and vice-president.

2.

The officers of the commission shall be elected at the first regular meeting of the commission in each year.

3.

The person serving as presiding officer of the commission at the last meeting of the preceding year shall entertain nominations for each office chosen under these rules.

4.

Whenever a candidate receives a majority vote of the entire membership of the commission, that person shall be declared elected.

5.

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.

6.

Whenever any office becomes vacant, the commission shall elect a successor at its next regular meeting to complete the remainder of the unexpired term.

b.

President:

1.

The president shall preside over all regular and special meetings of the commission. The president shall perform the duties normally performed by a presiding officer, including the appointment of committees and ruling on all points of procedure.

2.

The president may participate in the decision of all matters before the commission and vote on any question before the commission.

3.

The president shall sign all official documents on behalf of the commission.

c.

Vice-president and president pro tempore:

1.

The vice-president shall act as president during the absence or disability of that officer.

2.

The commission shall elect a president pro tempore from among its members if both the president and vice-president are absent or disabled.

d.

Secretary:

1.

The commission shall appoint a secretary who shall serve at its pleasure.

2.

The commission may fix the compensation of the secretary.

3.

The secretary shall perform the following tasks:

a)

Keep a complete and accurate record of all proceedings and votes of the commission;

b)

Prepare the agenda of all regular and special meetings following consultation with the president;

c)

Provide notice of meetings to commission members;

d)

Arrange for all required legal notices for hearings of the commission;

e)

Attend to the correspondence of the commission;

f)

Record and file all bonds and contracts and assume all responsibility for custody and preservation of all papers and documents of the commission;

g)

Prepare, publish and distribute reports, ordinances and other material relating to commission activities; and

h)

Perform all other duties normally carried out by a secretary.

e.

Seal:

1.

The commission adopts a seal with the caption "The Seal of the Wabash City Plan Commission."

2.

The secretary shall employ the seal to certify to all official acts of the commission.

f.

Director:

1.

The director shall supervise the commission staff, administer the daily affairs of the commission, and conduct all investigations required to administer the zoning and subdivision control ordinances.

2.

The director shall establish personnel policies and office procedures.

g.

Employees:

1.

The commission may employ all employees necessary to discharge the duties and responsibilities of the commission.

2.

The commission may make contracts for special or temporary services and any professional counsel.

3.

All employees shall be hired following an interview with the commission and a majority vote of the entire membership.

4.

The staff of the commission, the director, and the secretary shall be hired, retained, promoted and discharged without regard to age, ancestry, color, handicap, national origin, race, religion, or sex.

h.

Committees:

1.

The president may establish the following standing committees and appoint their members:

a)

Agriculture committee;

b)

Budget and finance committee;

c)

Capital improvement committee;

d)

Comprehensive plan committee;

e)

Legal committee;

f)

Public relations committee;

g)

Subdivision control committee;

h)

Zoning committee.

2.

Each standing committee shall consist of at least three (3) members. The term of each member shall expire one (1) year after appointment. The president shall fill any vacancy immediately and announce the appointment at the following meeting of the commission.

3.

The president may appoint special committees for any purpose and for any term subject to the approval of the commission.

i.

House numbers:

1.

The director shall, under Indiana Code, § 36-7-4-405, assign street numbers to lots and structures and renumber lots and structures, subject to the approval of the commission.

(Gen. Ord. No. 1, 1995, Appendix, §§ 2.1—2.9, 4-24-95)

a.

Application—This rule applies to all public hearings required by state law or by the Wabash City Zoning and Subdivision Control Ordinances and to all regular and special meetings of the plan commission.

b.

General rules:

1.

No action taken by the commission is official unless authorized by a majority of the membership of the commission at a regular or properly called special meeting.

2.

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

3.

The agenda shall list all items to be considered by the commission at the regular or special meeting. The items shall be listed on the agenda in the order in which the petition or other document was filed with the secretary. No item shall be considered by the commission unless it appears on the agenda. Any petitioner may withdraw any petition prior to the meeting at which it was to be considered.

4.

The agenda shall be sent by U.S. mail to all members of the commission and shall be available for public inspection at the commission office no later than two (2) days before any regular meeting.

c.

Quorum and voting:

1.

A majority of the entire membership of the commission constitutes a quorum.

2.

Voting shall be by roll call.

3.

A record of the roll call shall be kept in the minutes.

d.

Regular meetings:

1.

The plan commission shall conduct its regular meetings on the first Wednesday of each month at 6:30 p.m., in the City Hall, Wabash, Indiana.

2.

If the date of a regular meeting falls on a legal holiday recognized by Wabash City, or if it is impossible to conduct the meeting at that time or place, the president may set an alternative date, time or place for the regular meeting or may cancel the meeting with the unanimous consent of the members of the commission, so long as the president complies with the requirements of the State Open Door Law (Indiana Code, § 5-14-1.5).

3.

The order of business at any regular meeting shall be:

a)

Call to order;

b)

Roll call;

c)

Determination of quorum;

d)

Consideration of minutes;

e)

Old business (continued or tabled items);

f)

New business;

g)

Reports of officers and committees;

h)

Communications and bills;

i)

Adjournment.

e.

Special meetings:

1.

Special meetings may be called by the president or by any two (2) members of the commission upon written request to the secretary.

2.

The notice for the meeting shall specify its purpose. No other business may be considered at that meeting except by unanimous consent of the commission.

3.

The secretary shall notify all members of the commission in writing not less than two (2) days in advance of any special meeting and shall arrange for all notice required under the State Open Door Law (Indiana Code, § 5-14-1.5).

3.

The order of business at any special meeting shall be:

a)

Call to order;

b)

Roll call;

c)

Determination of quorum;

d)

The business for which the special meeting was called;

e)

Adjournment.

f.

Public hearings:

a.

The commission may conduct a public hearing as a part of any regular or special meeting or at any other place or time if the notice required by state law is given.

b.

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.

c.

Notice of all hearings shall be published in the daily newspaper employed for legal notices by the city commissioner at least ten (10) days before the date of the hearing.

g.

Procedure for debate and presentations:

1.

The president may impose reasonable limits upon the time for consideration of any item upon 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 item before the commission.

2.

The president shall preserve order and may warn any member or person present that particular conduct is a breach of courtesy. If any member persists in this conduct following the warning, the commission may vote to censure the offending member. If any other person present persists in this conduct following the warning, the president may order that person to be expelled from the meeting.

3.

The petitioner, the property owner or agent for petitioner or property owner must appear before the commission for the case to be considered.

4.

The commission staff must be informed prior to the meeting if the petitioner or property owner desires an extension of time. The commission staff shall determine whether the petitioner's request for an extension should be granted. If a petitioner or property owner fails to appear without sufficient reason, the petition must be dismissed.

5.

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.

6.

Any person wishing to speak for or against an application must register with the secretary and state their name and address.

7.

The president shall determine the admissibility of any evidence before the commission.

8.

The hearing on each item shall be conducted in the following order:

a)

The secretary or director reads the application and locates the area affected on the city map.

b)

The director presents the staff report.

c)

The petitioner presents facts relating to the case. The presentation is limited to twenty (20) minutes.

d)

The commission members direct questions to the petitioner. There is no time limit on this phase of the hearing.

e)

The president recognizes those who have registered to speak against the proposal. These presentations are limited to a total of twenty (20) minutes.

f)

The petitioner may rebut the testimony of those against the proposal. The rebuttal is limited to five (5) minutes.

g)

The president shall conclude the public hearing and call for a motion on the item before the commission.

h.

Continuances—The commission may continue any item from one (1) meeting to another. No notice shall be required for the continued consideration of any item except that required by state law.

i.

Procedural rules—The most recent edition of Robert's Rules of Order shall govern the conduct of all meetings and public hearings except to the extent that it conflicts with Wabash City law or these rules.

j.

Replacement ordinance notice:

1.

For purposes of a replacement zoning or subdivision control ordinance under Indiana Code, § 36-7-4-604(c), all citizens of the city are interested parties.

2.

The director is required to give due notice under Indiana Code, § 36-7-4-604(c) by procuring the publication of the notices required by Indiana Code, § 36-7-4-604 and by posting copies of the notice in the public places deemed necessary by the director at least ten (10) days before the hearing is conducted on the replacement ordinance.

(Gen. Ord. No. 1, 1995, Appendix, §§ 3.1—3.10, 4-24-95; Amd. of 1-15-09)

a.

Applications:

1.

Every petition for a rezoning amendment shall complete an application supplied by the secretary. The applications shall be in the form set forth in Rule 7.

2.

The director may require the petitioner to submit any additional information the director deems 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.

b.

Filing requirements—Every petition to rezone property must be filed with the secretary no later than fifteen (15) days prior to its consideration by the commission.

c.

Notice requirements:

1.

For the purpose of Indiana Code, § 36-7-4-604(c), any person with a legal interest in property subject to a petition before the commission or the owner of any property within three hundred feet (300) of property subject to a petition is an interested party.

2.

If the subject matter of the proposal abuts or includes a city jurisdiction line (or a city jurisdiction line street or road, or a city jurisdiction line body of water), then all owners of real property to a depth of two (2) ownerships or one-eighth (⅛) of a mile beyond the city jurisdiction line, whichever is less, are interested parties.

3.

Adequate notice is provided under these rules if:

a)

The petitioner publishes a legal notice of the public hearing not less than ten (10) days before the meeting. This notice must state the date, time, and place of the hearing, the name of the petitioner, a brief description of the property subject to the petition and the reason for the petition.

b)

The petitioner mails, by regular United States mail, copies of the legal notice of the meeting to all interested parties not less than ten (10) days before the meeting.

d.

Report of determination—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 indicating either that it favors the proposal or is adverse to it (see Indiana Code, § 36-7-4-609(a)). Any report adverse to a proposed rezoning ordinance shall contain a concise statement indicating the reasons for the determination of the commission.

e.

Reconsideration—The commission may not further consider any rezoning petition described in Indiana Code, § 36-7-4-608(h) for one (1) year after it is defeated.

f.

Commitments:

1.

Whenever a development plan is required by the zoning ordinance as a condition of development, the commission may require the owner of the lot or parcel of property to make a written commitment concerning the use or development of the lot or parcel.

2.

The commitment must be created by the signature of the president and the property owner on a form setting forth the terms of the commitment. The form must be recorded in full in the minutes of the commission.

3.

The commitment may be modified or terminated by the commission following a public hearing after the petition for modification or termination complies with the notice requirements applicable to rezoning amendments.

4.

The director is the only specially affected person entitled to enforce a commitment. (Gen. Ord. No. 1, 1995, Appendix, §§ 4.1—4.6, 4-24-95)

a.

Applications:

1.

Every petitioner for a subdivision primary plat approval or for a vacation of property shall complete an application supplied by the secretary. The application shall be in the form set forth in Rule 7.

2.

The director may require the petitioner to submit any additional information the director deems 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.

b.

Filing requirements:

1.

Every petition for primary plat approval or vacation shall be filed with the secretary no later than ten (10) days prior to its consideration by the commission.

2.

The director shall set a hearing date for the primary plat approval or vacation. The hearing date shall be the date of the first commission meeting at which the primary plat approval could be considered under rule 5b.1.

c.

Notice requirements:

1.

For the purpose of platting real property, all persons with a legal interest in the property to be platted and all persons with real property within three hundred (300) feet of the property to be replatted are interested parties.

2.

For the purpose of vacating real property, all persons required to be notified of the vacation hearing under Indiana Code, § 36-7-3-11 and all persons with a legal interest in property abutting the property to be vacated are interested parties.

3.

If the subject matter of the proposal abuts or includes a city jurisdiction line (or a city jurisdiction line street or road, or a city jurisdiction line body of water), then all owners of real property to a depth of two (2) ownerships or one-eighth (⅛) of a mile beyond the city jurisdiction line, whichever is less, are interested parties.

4.

Adequate notice is provided under these rules if the petitioner publishes a notice of the public hearing. This notice must state the date, time, and place of the hearing, the name of the petitioner, and a brief description of the property to be platted or vacated stating its mailing address and a general description of its location deemed adequate by the director.

5.

If a petition is filed to vacate any portion of a plat, or the covenants or commitments for a plat, then the petitioner must notify each owner of land in that plat of the vacation hearing. The notice must be written and sent by regular mail at the expense of the petitioner.

d.

Report of determination:

1.

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 grants the approval or not. Any denial of primary plat approval shall contain a concise statement indicating the reasons for the determination of the commission.

2.

The commission, following the conclusion of the public hearing required by state law, shall state its recommendation concerning the proposed vacation by adopting a report indicating either that it recommends that the city commissioner vacate the property or not. The report shall contain a concise statement indicating the reasons for the determination of the commission.

e.

Procedure relating to annexed or vacated areas—Whenever any street, place, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way or other similar areas shall be extended automatically to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate provisions of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all of the vacated area.

f.

Secondary plat approval—The director shall determine under Indiana Code, § 36-7-4-709(c) if all improvements and installations have been constructed and completed as required by the subdivision and control ordinance and shall report that determination to the commission before it grants secondary approval to any plat. This rule merely requires a report by the director and does not require that the entirety of the improvements be completed before secondary approval is granted. (Gen. Ord. No. 1, 1995, Appendix, §§ 5.1—5.6, 4-24-95)

a.

Amendments—These rules may be amended by a two-thirds (⅔) vote of the entire membership of the commission.

b.

Suspension—These rules or any portion of them may be suspended by a two-thirds (⅔) vote of the membership of the commission. No suspension shall be continued beyond the adjournment of the meeting at which the motion to suspend was passed.

c.

Effective date—These rules shall enter into effect immediately upon the adoption of this resolution. (Gen. Ord. No. 1, 1995, Appendix, §§ 6.1—6.3, 4-24-95)

The forms on the following five (5) pages shall be used for pertinent petitions filed with the commission.

a.

Notice of public hearing;

b.

Petition for zoning ordinance amendment;

c.

Subdivision plat approval applications;

d.

Petition for vacation;

e.

Commitments.

Notice of Public Hearing before the Plan Commission of the City of Wabash, Indiana

Notice is hereby given on the _____ day of ________, 20___, ___________ filed with the Plan Commission of the City of Wabash, Indiana, a petition requesting an appeal of decision by the Building Commissioner of the City of Wabash, Indiana.

The location and description of the property for which the ___________ has been requested is ;hg; _____
      (Street Address/RR #)      

_____
(Legal Description)

The description of the action requested in the petition is _____

_____

_____

The petition and all necessary information relating thereto will be available for public inspection in the office of the Building Commission of the City of Wabash, Indiana, Wabash City Hall, 201 South Wabash Street, Wabash, Indiana from 8:00 a.m. to 4:00 p.m., Monday through Friday of each week until the date of the hearing of the petition.

A public hearing will be held by said Commission on the _____ day of ________, 20___ at _____ p.m. in the Wabash City Hall, 201 South Wabash Street, Wabash, Indiana, at which time all interested persons will have the opportunity to be heard on the matters set forth in the petition.

Petition for Zoning Ordinance Amendment

Gentlemen:

I/We ;hg; _____
      (Applicant's Name or Names)      

_____
      Address       Telephone      

do hereby petition your honorable body to amend the zoning map of Wabash City, Indiana Plan Commission's jurisdictional area, by reclassifying from ___________ District to the ___________ District the property described as follows, and shown outlined in red on the map attached hereto, which is made part of this petition:

_____
      Subdivision Name      

_____
      Roads       Township       Township Section Number      

The purpose of the proposed amendment is to permit the use of the property for _____

_____

I/We hereby certify that as the undersigned, I/We are the owner of fifty percent (50%) or more of the property described in this petition.

_____
      Name       Address       Signature      

_____
      Name       Address       Signature      

The correspondent or agent (if different from owners) is _____

_____
      Address       Telephone       Date      

Instructions to applicants: Submit the petition to the Wabash City Plan Commission Office at City Hall in order that the petition may be reviewed for accuracy of property description and to establish if the district request will permit the use proposed.

Date and Place of Public Hearing _____

Zoning Amendment Approved _____ Denied _____

Remarks _____

Application for Subdivision Plat Approval

Location (brief general description) _____

_____

Township _____ Section No. _____ Acreage _____ No. of Lots _____ Roads _____

Proposed Use of Land _____

Type of Sanitary Disposal _____

Type of Surface Water Disposal _____

Type of Fresh Water Supply _____

Type of Street Surfacing and Paving _____

Intended Date of Development _____

Name of Engineer or Surveyor _____

Attached to each application form is one (1) copy of the proposed need restrictions which shall run with the above described land.

The undersigned, being the owner or owners of record, certifies that the above information is true and correct to the best of his knowledge. He further agrees that he is informed concerning the provisions of the subdivision regulation ordinance of Wabash City, Indiana, as it affects the requirements for the approval of plats or replats by the City Plan Commission.

Receipt for Filing Fee:

This is to certify that $2.00 per lot (minimum $20.00) was received this date ________ for subdivision plat filing fee.

Petition for Vacation

Number _____ 20___

Name of the Petitioner(s) for Vacation _____

_____

Subject of Vacation: (Public highway, platted land, covenant, commitment street, alley) _____

_____

Reasons for Requested Vacation: _____

_____

Legal Description of Land involved in Vacation: _____

_____

_____

To the Board of Wabash City Plan Commissioners:

The Commission recommends that the petition be (granted/denied/makes no recommendation)

To the Honorable Wabash Plan Commission:

Date________, 20___

Name of Petitioner: _____

Subject of Commitment:

(Description of property to be developed under Indiana Code, § 36-7-4-613)

_____

Terms of Commitment: _____

_____

_____

_____

The petitioner agrees to abide by the terms of this commitment [ ] the development of the described property. The petitioner understands that the commitment does not require the Commission to recommend or not recommend approval of any petition by the Wabash City Board of Zoning Appeals. The petitioner understands that the Director of the Wabash City Plan Commission may enforce the terms of this commitment if the petitioner does not abide by its terms.

Agreed, this _____ day of ________, 20___

_____
Petitioner

_____
Petitioner

_____
President, Wabash City Plan Commission

Attest: _____

_____

_____
Secretary, Wabash City Plan Commission

(Gen. Ord. No. 1, 1995, Appendix, § 7.1, 4-24-95)