A.   The Waterloo Plan Commission (hereinafter called "Commission") exists as an advisory plan commission under the authority of I.C. 36-7-4-202, and any amendments thereto. These rules are adopted in accordance with the requirements of I.C. 36-7-4-401.

   B.   The duties of the Commission shall be those set forth in I.C. 36-7-4-400, as amended from time to time. Said duties are:

      1.   Supervise, and make rules for, the administration of the affairs of the Commission.

      2.   Prescribe uniform rules pertaining to investigations and hearings.

      3.   Keep a complete record of all Commission proceedings and activities.

      4.   Record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents of the Commission.

      5.   Adopt a seal and certify all acts.

      6.   Prepare and submit an annual budget in the same manner as other departments of Waterloo, and be limited in all expenditures to the provisions made for the expenditures by the Town Council of the Town of Waterloo.

      7.   Make recommendations to the Town Council concerning adoption of the comprehensive plan, zoning and subdivision control ordinances, and amendments thereto.

      8.   Render decisions concerning, and approve, plats or replats of subdivisions, and development plans for residential, commercial and industrial uses.

      9.   Approve the assignment of street numbers to lots and structures.

      10.   The Commission may number or renumber lots and structures, and may recommend the naming and renaming of streets to the Town Council.

      11.   Such other responsibilities as may be required by state statute or town ordinance. Any amendment to I.C. 36-7-4-202 shall be incorporated herein by reference.

   A.   The Commission shall consist of seven voting members appointed according to I.C. 36-7-4-207(b) and I.C. 36-7-4-216 as follows:

      1.   The President of the Town Council shall appoint four citizen members, of whom no more than two are of the same political party.

      2.   The Town Council shall appoint three persons, who must be elected or appointed municipal officials, or employees in the town government.

   B.   The Commission shall elect a President and a Vice President at its first regularly scheduled meeting each year. Each officer shall serve for the balance of the calendar year in which they were elected.

   C.   The Vice President shall have authority to act as President of the Commission during the absence or disability of the President.

   D.   Upon resignation or replacement of the President or Vice President, the Commission shall elect a successor at its next regularly scheduled meeting.

   E.   The Commission shall appoint and fix the duties of a Secretary, who is not required to be a member of the Commission. The Secretary shall be charged with such duties as required under state statutes, town ordinances and these rules.

   F.   If a vacancy occurs on the Commission, the appointing authority, either the President of the Town Council or the Town Council itself, as the case may be, shall appoint a member for the unexpired term of the vacating member. The Town Council shall be notified in writing by the Secretary when a member has been absent for three consecutive meetings of the Commission. Such absences may constitute cause for removal from the Commission by the appointing authority pursuant to the provisions of I.C. 36-7-4-218 (f).

   G.   The Commission may recommend the appointment of employees to the appointing authority as are necessary to discharge the duties of the Commission. Within its budget allotment, and the provisions of the relevant annual salary ordinance, the Commission may fix the compensation of such employees in conformity with the salaries and compensation established by the Town Council of the Town of Waterloo.

   H.   Within its budget allotment, the Commission may contract for special or temporary services, and for legal counsel.

   I.   The President, with the approval of the Commission, may establish such committees, either standing or ad hoc, as deemed to be necessary and desirable.

   J.   The purposes and terms of such committees shall be specified at the time of their establishment. In the resolution establishing such a committee, the Commission shall specify the terms of its members and its purposes. Each advisory committee shall:

      1.   Study the subject and problems specified by the Commission, and recommend to the Commission additional problems in need of study.

      2.   Advise the Commission concerning how the subject and problems relate particularly to different areas and groups in the community.

      3.   An advisory committee may sit with and participate, without the right to vote, in the deliberations of the Commission upon invitation by the Commission.

      4.   A committee shall report only to the Commission and shall make inquiries and reports only on the subjects and problems specified by the Commission's resolution establishing the committee.

      5.   Advisory committee members may be removed by the President, with the consent of the Commission, at will.

   A.   The Commission adopts a seal with the caption Town of Waterloo, Indiana, Planning Commission. The Secretary shall employ the seal to certify all official acts of the Commission.

   A.   The regular meetings of the Commission shall be held on the first Thursday of every month at 5:00 p.m. The location of the meeting shall be at the Waterloo Town Hall. If the date of a regular meeting falls on a legal holiday, or if it is impossible to conduct the meeting at that time or place, the President may set an alternate date, time or place for the regular meeting, or may cancel the meeting with the unanimous consent of the members of the Commission in compliance with the notice requirements of I.C. 5-14-1.5 (the "Open Door" law).

      1.   The Commission shall establish a schedule of regular monthly Commission meetings at the first Commission meeting of each year. The Commission shall also establish a schedule of deadlines for submitting subdivision plats, amendments to the Town of Waterloo Zoning Ordinance and Zoning Map, and publication deadlines for publishing legal notices.

      2.   The Zoning Administrator may, after consulting with the Commission President, cancel a regular meeting if he/she determines that a meeting is not warranted.

   B.   A special meeting may be called by the President, or two members of the Commission upon written request to the Secretary. The Secretary shall send to all members, at least three days before the special meeting, a written notice fixing the time and place of the meeting. Written notice is not required if:

      1.   The date, time and place of the special meeting are fixed in a regular meeting;

      2.   All members of the Commission are present at that regular meeting;

      3.   The Secretary complies with the notice requirements of I.C. 5-14-1.5 (the "Open Door" law).

   C.   The order of business at regular meeting shall be:

      1.   Call to Order.

      2.   Roll Call/Determination of Quorum.

      3.   Minutes of Previous Meeting.

      4.   Old Business.

      5.   New Business.

      6.   Communications, Bills and Expenditures.

      7.   Member, Committee and Staff Reports.

      8.   Audience Participation.

      9.   Next meeting Date.

      10.   Adjournment.

   D.   The President of the Commission shall preside over meetings, decide questions of order, subject to appeal by Commission members, and preserve decorum in the meeting room. The President shall pronounce the decisions of the Commission for purposes of recording in the minutes.

      1.   The Vice President shall have authority to act as President of the Commission during the absence or disability of the President. Upon the absence of both the President and Vice President at a Commission meeting, and assuming a quorum is available, a majority of the Commission members may elect a presiding officer to conduct said meeting. This officer shall hold the same powers as the President for the duration of said meeting.

      2.   If a quorum of Commission members is not present at a scheduled meeting of the Commission, those Commission members present may hear presentations from any party that has submitted an application for a subdivision plat, a development plan, or an amendment to the zoning ordinance and/or map, according to the procedures prescribed by statute and the Town of Waterloo Zoning Ordinance, and the Commission staff, and may discuss pending Commission business. However, the Commission members present may not take any official actions besides the following:

         a.   Continuing a pending public hearing to a future Commission meeting. No further notice of such hearing shall be required of an applicant.

   E.   No person who is not a member of the Commission shall be permitted to address the Commission except by request and consent of the President.

   A.   Quorums. A majority of the members of the Commission who are qualified to vote shall constitute a quorum. Actions of the Commission shall not be official unless it is authorized at a regular or properly called meeting by a majority of the entire membership of the Commission.

   B.   Voting. Votes of the Commissioners shall be by roll call vote of the members. All members present shall vote on every question unless they are permitted to abstain by the presiding officer, or, in the case of a zoning matter, have disqualified themselves because of a conflict of interest as defined under 10.5.C. of this appendix.

   C.   Conflicts of interest. No member of the Commission shall participate in a hearing, discussion or decision of the Commission upon any zoning or planning matter in which the member has a direct or indirect financial interest. A "zoning or planning matter" does not include the preparation or adoption of a comprehensive plan. A member shall declare a known conflict of interest prior to the Commissioners discussing the matter in which the member has a conflict. The Commission shall enter into its records the fact that the member has such a disqualification.

   D.   Lack of majority. In the event a majority vote of the Commission cannot be achieved due to absences, permitted abstentions, or disqualification, the matter shall be rescheduled for the next regular meeting at the request of any Commission member, a petitioner or a remonstrator, or by the Zoning Administrator.

   E.   Reconsideration of votes. Any member of the Commission who voted with the majority may call for a reconsideration of any vote at the same meeting of the Commission at which it passed, and, if sustained by a majority of the votes, the reconsideration shall be ordered.

   A.   The Secretary of the Commission shall prepare and maintain meeting minutes. The minutes shall include the vote of each member on each question presented or indicate that the member is absent, abstaining, or not voting because of a disqualification.

   B.   The Office of the Plan Commission is designated as the Waterloo Town Hall. The minutes of the Commissioner's meeting and all Commission records shall be filed in the Office of the Commission and are public records, as defined by I.C. 5-14-3.

   C.   The minutes shall be presented to the Commission for approval at the next succeeding regular meeting. When approved, the minutes shall be signed by the President and attested by the Secretary.

   A.   The Commission shall hold such public hearings as required by state statute and town ordinances. The Commission may hold additional hearings at such times and places upon such notice, as it considers necessary. Regular Commission meetings are not considered to be public hearings.

   B.   A petitioner who seeks to have a plat approved, vacate a plat, amend the zoning ordinance, subdivision ordinance, Comprehensive Plan or other matter under the jurisdiction of the Commission shall file a petition with the Commission at the Commission office. Ten copies of the petition, application or plats must be filed with the Commission at the Commission office at least 21 days before the next regularly scheduled Commission meeting, or as required by the relevant town ordinance.

   C.   The Commission may require additional information, data, statistics or plats beyond those established by statute or ordinance that are deemed necessary by the Commission.

   D.   If the Commission or the Zoning Administrator finds 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 according to I.C. 5-3-1.

   E.   The petitioner shall prepare the legal advertisement of the public hearing for the approval of the Commission and shall bear the expense of the advertising costs. In addition, the Commission shall require the petitioner to notify, by certified letter to all interested parties at least ten days before the date of the public hearing, pursuant to Section 10.7 of this appendix. At the public hearing, the petitioner shall provide proof that he or she has complied with this requirement.

   A.   A notice of public hearing required by state statute or town ordinance shall contain as a minimum the following information:

      1.   Docket number and the substance of the matter to be heard.

      2.   General location by address, or other identifiable geographic characteristics of the property.

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

      4.   Time and place of the hearing.

      5.   Statement that the petition may be examined at the Commission office.

      6.   Statement that any person may offer verbal comments at the hearing or may file written comments before, or at, the hearing.

      7.   Any other information that may be required by law to be contained in such notice.

   B.   For the purposes of a new Comprehensive Plan, or an amendment thereto, a replacement zoning ordinance, or an amendment to an existing zoning ordinance, a replacement subdivision ordinance, or an amendment to an existing subdivision ordinance, or any other petition that may come before the Commission in a public hearing, all citizens of the Waterloo, Indiana Planning Jurisdiction are considered interested parties. The Commission is required to provide for the publication of notice pursuant to I.C. 36-7-4-507, I.C. 36-7-4-511, I.C. 36-7-4-601, I.C. 36-7-4-604. I.C. 36-7-4-607 and 36-7-4-701, as applicable, and all other applicable statutes, at least ten days before a public hearing.

   C.   For the purposes of an amendment to the zoning map, and all other petitions that may come before the Commission in a public hearing:

      1.   "Directly affected" parties are determined to be all persons with a legal interest in the property subject to the proposed rezoning (the "subject property").

      2.   "Adjoining property" is defined as parcel(s) of land that share all, or part of a common lot line with the subject property, are across a street or alley, or are "caddy-corner" from the subject property.

      3.   "Affected properties" shall be those property owners designated by the Planning Department whose use and enjoyment of their property may be affected by the proposed amendment, but whose property does not directly adjoin the property that is subject to the petition.

      4.   Such parties are to receive written notice by certified mail, or as follows:

         a.   Certified mail PS Form 3800 (or as revised by the United States Postal Service), or signatures of all interested parties on a form provided by the Commission shall be considered evidence that notices have been given. Personal appearance at the hearing shall constitute evidence of notice.

      5.   A petitioner must provide the following items to the Waterloo Planning Department by 12:00 Noon on the Friday before the advertised hearing date:

         a.   A copy of their application to the Plan Commission.

         b.   A copy of their application fee receipt.

         c.   The certified mail PS Form 3800 (or as revised by the United States Postal Service) sent to the identified adjoining/affected property owners, or the signed and notarized notice forms provided by the Waterloo Planning Department.

         d.   Proof of publication from the Evening Star for the required hearing notices.

         e.   Proof of payment from the Evening Star for the required hearing notice.

      Failure to provide any of these items by the aforementioned deadline will result in the hearing being continued to the next regular meeting date of the Waterloo Plan Commission.

   D.   For the purposes of approving or vacating a subdivision plat, all owners of land in the plat are interested parties. The petitioner shall notify all affected owners of land within the plat by certified mail unless the Commission, by rule, specifies that said property owners may be notified by other means.

   E.   The names of the directly affected, adjoining and affected property owners to be notified are to be ascertained from the real estate tax assessment lists as they appear in the Office of the DeKalb County Auditor.

   F.   Certified mail receipts or signatures of all interested parties on a form provided by the Commission shall be considered evidence that notices have been given. Personal appearance at the hearing shall constitute evidence of notice.

   A.   General rules. In general, all public hearings of the Commission shall be conducted as follows:

      1.   Prior to the hearing being called to order, all parties shall sign a "sign-in" sheet, provided by Commission staff, providing their name, address, and the hearing in which they have an interest.

      2.   The President shall call the hearing to order.

      3.   The Planning Director shall read the application/amendment and describe the location of the affected area, as applicable.

      4.   The President shall then review these hearing rules by reading those items listed in Section 10.9.A. of this appendix.

      5.   The petitioner shall present the proposed activity that caused the petition. The petitioner may use diagrams, written description, still photos and/or videotape to illustrate the status of their property and their proposed activity. Up to 15 minutes will be allowed for the petitioner's presentation.

      6.   The Zoning Administrator shall present a report and comments.

      7.   The Commissioners shall direct questions to the petitioner regarding the proposed activity.

      8.   The President shall then recognize those who wish to speak against the proposal to present objections, with up to a total three minutes each being available for the presentation of objections. Any person wishing to speak against an application must state their name and address for the record. The President, or presiding officer, shall first call upon those directly affected property owners, and then adjoining property owners, and then affected property owners, as such terms are defined in Section 10.8.C. of this appendix. Any person wishing to speak in regard to the application subject to the hearing must state their name and address for the record.

      9.   The President of the Commission shall then recognize the proponents of the proposal for rebuttal for three minutes. The order of speakers shall be as prescribed by Section 10.9.A.8. The President may then recognize any opponents for counter rebuttal for one minute.

      10.   Every person appearing before the commission shall abide by the order and directions of the President. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the Commission and shall be dealt with as the Commission directs.

      11.   The President shall then close the public hearing after the Commission has adequately heard from those parties that have been identified before the hearing as interested parties, as defined by Section 10.8.F. of this appendix. The President shall then read or assign the reading of, to members or staff, all written comments provided by interested parties on the petition received by the Commission prior to the hearing. The President shall then allow the Commission to make comments, request further information and/or debate the issues raised by the petition.

      12.   Upon conclusion of questioning and discussion, the President shall entertain a motion to vote on the petition, to attach conditions to a petition, to conclude debate on the petition, or to continue the hearing to another time.

   B.   Amendments to the Zoning Ordinance and Zoning Map. Hearings for petitions to amend the Town of Waterloo Zoning Ordinance and/or zoning map shall be held as prescribed by the I.C. 36-7-4-600 series, and by the Waterloo Zoning Ordinance.

   C.   Subdivision plats. Hearings for petitions to review primary and secondary subdivision plats submitted for approval shall be held as prescribed by the I.C. 36-7-4-700 series, and by the Town of Waterloo Subdivision Control Ordinance.

   A.   The final disposition of any case shall be in the form of a recommendation setting forth the findings and determinations of the Commission, together with any modification, specification or limitation that it makes.

   B.   The Commission may dismiss a case for lack of prosecution or lack of jurisdiction. When a petitioner has failed to appear at two consecutive meetings, the case may be dismissed for lack of prosecution.

   C.   Following the publication of notice for any public hearing, until the conclusion of the hearing, a petitioner may not withdraw the matter to come before the public hearing without the approval of the Commission.

   D.   A case that has been withdrawn by the petitioner, or that has been decided adversely to the petitioner by the Commission, shall not be again placed on the docket for consideration within a period of 12 months after the date of withdrawal or decision previously rendered.

   E.   Because the Commission's recommendation is only advisory, the petitioner may request that the adverse recommendation be brought before the Town Council of the Town of Waterloo for their consideration. The Commission's recommendation, either favorable or unfavorable, may be overturned by the Council in accordance with I.C. 36-7-4-609.

   The Commission may not further consider for 12 months after the date of rejection by the Council, a petition to amend the zoning map that has been rejected by the Council.

   Amendments to these rules of procedure may be made by the Commission at any regular or special meeting upon the affirmative vote of a majority of the members of the Commission. The suspension of any rule may be ordered at any meeting by a two-thirds vote of the quorum.

   All previous rules and regulations previously adopted by the Waterloo Plan Commission are hereby expressly repealed, as of the effective date of these rules.

(Ord. 05-03, passed 7-12-05)