2018 Indiana Code
TITLE 36. Local Government
ARTICLE 7. PLANNING AND DEVELOPMENT
CHAPTER 4. Local Planning and Zoning
36-7-4-1210.5. Township joinder; membership of certain townships on advisory plan commission in certain counties

IC 36-7-4-1210.5 Township joinder; membership of certain townships on advisory plan commission in certain counties

     Sec. 1210.5. (a) ADVISORY. As used in this section, "municipality" refers to the most populous municipality in the jurisdiction of the plan commission.

     (b) ADVISORY. This section applies to a plan commission operating under a joinder agreement in a county:

(1) having a population of more than two hundred seventy thousand (270,000) but less than three hundred thousand (300,000); and

(2) containing:

(A) a township having a population of more than thirty-two thousand (32,000) but less than fifty thousand (50,000); or

(B) a township having a population of more than nine thousand (9,000) but less than fifteen thousand (15,000).

     (c) ADVISORY. Notwithstanding section 1210 of this chapter, a plan commission described in subsection (b) shall have nine (9) members as follows:

(1) Four (4) members who are residents of the municipality, to be appointed for four (4) year terms by the executive of the municipality.

(2) Three (3) members who are residents of the municipality, to be appointed for four (4) year terms by the legislative body of the municipality.

(3) Two (2) members who are residents of the township, to be appointed for four (4) year terms by the township executive with the approval of the township legislative body.

     (d) The joinder agreement expires if the municipality annexes the entire area of a township described in subsection (b)(2).

     (e) A joinder agreement under this section may be terminated if:

(1) the municipality adopts an ordinance terminating the joinder agreement;

(2) before adopting the ordinance under subdivision (1), the municipality conducts a public hearing on the issue of terminating the joinder agreement; and

(3) the executive of the municipality provides written notice to the township executive of the township subject to the joinder agreement that states the reason for the municipality's termination of the joinder agreement.

As added by P.L.322-1995, SEC.1. Amended by P.L.226-1997, SEC.4; P.L.170-2002, SEC.154; P.L.39-2007, SEC.1; P.L.119-2012, SEC.196.

 

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