A.

Establishment. The county advisory plan commission is hereby established in accordance with IC 36-7-4-200 et seq.

B.

Membership of commission.

i.

Composition. The county advisory plan commission shall consist of nine members, as follows:

a.

One member appointed by the county executive from its membership.

b.

One member appointed by the county fiscal body from its membership.

c.

The county surveyor or a qualified deputy surveyor appointed by the surveyor.

d.

The county agricultural extension educator.

e.

Five citizen members, of whom no more than three may be of the same political party, and all five of whom must be residents of unincorporated areas of the county, appointed by the county executive.

ii.

Qualifications (citizen members). Each citizen member shall be appointed because of the member's knowledge and experience in community affairs; the member's awareness of the social, economic, agricultural, and manufacturing problems of the area; and the member's interest in the development and integration of the area. A citizen member may not hold other elective or appointive office in municipal, county, or state government, and must be a resident of the jurisdictional area of the plan commission.

iii.

Terms of office. After the initial term of office of a citizen member expires, each new appointment of a citizen member shall be for a four-year term.

iv.

Vacancies. If a vacancy occurs among the commission members who are appointed, the appointing authority shall appoint a member for the unexpired term of the vacating member.

v.

Conflict of interest.

a.

No member of the commission shall participate in a hearing or decision of the commission concerning a matter in which they have a direct or indirect financial interest or, which for any other reason brought to the attention of the commission, results in his disqualification either by himself/herself or by the commission.

b.

The commission shall enter in its records the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision.

c.

Any participating alternate member shall be appointed by the same body which appointed the regular member who has been disqualified.

At its first regular meeting in each year, the commission shall elect from its members a president and a vice president. The commission may appoint and fix the duties and compensation of a secretary and those employees necessary for this discharge of its duties, all in conformity to and compliance with salaries and compensations fixed by the county commission and state law.

A.

Rules of procedure. The commission shall supervise, and make rules for, the administration of the affairs of the commission; and prescribe uniform rules pertaining to investigations and hearings.

B.

Meetings and records. Except as otherwise provided by law, all meetings of the commission shall be open to the public. The commission shall keep minutes of its meetings, keep records of its examinations and other official actions, prepare written findings of fact and record the vote, disqualification, abstention, or failure to vote of each member upon each question. The minutes of commission meetings and all records shall be filed in the office of the commission and are public record.

A.

Powers and duties.

i.

The commission shall:

a.

Make recommendations to the county commissioners concerning:

i.

The adoption of the comprehensive plan, zoning ordinance, and amendments thereto; and

ii.

Any other matters, within the jurisdiction of the commission, authorized by the advisory planning law as defined in IC 36-7-4-101; and

b.

Render decisions concerning and approve:

i.

Plats or replats of subdivisions; and

ii.

Planned developments for residential, commercial, and manufacturing uses.

B.

Commitments. Pursuant to the authority granted under IC 36-7-4 et seq., commitments may be permitted or required in connection with the approval of: (i) a zone map change, including a zone map change for a PUD district; (ii) a secondary approval of a PUD; (iii) a modification of permitted uses or development requirements of a PUD; or (iv) the approval of a development plan. Such commitments may be permitted or required when it is deemed necessary to: (i) assure the compatibility of a proposed development with surrounding properties; or (ii) to minimize the potential for the occurrence of detrimental effects from any attributes of a proposed development on surrounding properties.

Commitments shall be regulated as follows:

i.

Zone map changes. The plan commission may permit or require the owner of real property which is the subject of a zone map change request, including a zone map change for a PUD district, to make written commitments concerning the use or development of the such real property pursuant to IC 36-7-4-615 and IC 36-7-4-1512 in connection with making a recommendation on a zone map change request to any zoning district classification contained in this article, including a zone map change request for a PUD district, to the Hamilton County board of commissioners as a condition of development. In addition, in the case of a zone map change request for a PUD district, the Hamilton County board of commissioners may permit or require additional commitments to those recommended by the plan commission.

ii.

Secondary approval of a PUD or modification of a PUD. The plan director, on behalf of the plan commission, or the plan commission in the case of a referral or appeal, may permit or require the owner of real property which is the subject of a secondary approval of a PUD or a request for a modification of permitted uses or development requirements of a PUD to make written commitments concerning the use or development of the such real property pursuant to IC 36-7-4-615 and IC 36- 7-4-1512 in connection with the issuance of a secondary approval or modification of permitted uses or development requirements of a PUD as a condition of development.

iii.

Development plans. The plan director, on behalf of the plan commission, or the plan commission in the case of a referral or appeal, may permit or require the owner of the real property which is the subject of a development plan approval to make a written commitment regarding the use or development of such real property pursuant to IC 36-7-4-1405(b)(3) and IC 36-7-4-613 in connection with the approval of a development plan as a condition of development.

iv.

Recording. The commitments shall be reduced to writing in recordable form and signed by the owner(s) of the real estate. The commitments shall be in effect for: (i) as long as the real estate to which they apply remains zoned to the classification to which the real estate was zoned when the commitments were made; or (ii) modified or terminated as provided below. The commitments shall authorize their recording by staff of the Hamilton County plan commission in the office of the recorder of Hamilton County, Indiana upon the final approval of a development plan by the plan commission or the final approval of the zone map change by the board of commissioners of Hamilton County, Indiana. Following the recording of the commitments, staff of the Hamilton County plan commission shall return the original recorded commitments to petitioner and shall retain a copy of the recorded commitments in its file.

v.

Enforcement. The plan commission, owners of all parcels of ground adjoining the real estate and all owners of real estate within the area included in the petition who were not petitioners for approval, and other specially affected persons designated in such commitments shall be entitled to enforce such commitments pursuant to IC 36-7-4-1015(d) or as otherwise provided by applicable law.

vi.

Form of commitments. The commitments required by the plan commission shall be in writing on the form provided by the executive director

vii.

Modification. Commitments may be modified or terminated by a decision of the plan commission, made at a public hearing after notice to adjoining owners within the lesser of 600 feet or two ownerships of the subject property by certified mail - return receipt requested. Any modification or termination of the commitments shall not be effective until: (i) reduced to writing; (ii) approved by the plan commission; (iii) executed and notarized by the present owner(s) of the real estate; and (ii) recorded in the office of the recorder of Hamilton County, Indiana, in substantially the same manner as set forth in subsection 2., d., above.

viii.

Form of modification. The modification or termination of commitments shall be in writing on the form provided by the executive director.