§ 36-7-4-208 — Membership of commission; county and metropolitan numbers

Indiana § 36-7-4-208

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 4: Local Planning and Zoning

Text

(a) ADVISORY. The county plan
commission consists of nine (9) members, as follows:
(1) One (1) member appointed by the county executive from its
membership.
(2) One (1) member appointed by the county fiscal body from its
membership.
(3) The county surveyor or the county surveyor's designee.
However, the county surveyor's designee must be a resident of the
county to be eligible to serve on the county plan commission.
(4) The county agricultural extension educator. However, the
county agricultural extension educator must be a resident of the
county to serve under this subdivision. If:
(A) the county does not have a county agricultural extension
educator; or
(B) the county agricultural extension educator is not a resident
of the county;
the county extension board shall select a resident of the county
who is a property owner with agricultural interest to serve on the
commission under this subdivision for a period not to exceed one
(1) year. In addition to the county resident selected by the county
extension board to serve as a member of the commission, the
county agricultural extension educator who is not a resident of the
county shall serve the commission in a nonvoting advisory
capacity.
(5) Five (5) members appointed in accordance with one (1) of the
following:
(A) Four (4) citizen members, of whom no more than two (2)
may be of the same political party. Each of the four (4)
members must be:
(i) a resident of an unincorporated area of the county; or
(ii) a resident of the county who is also an owner of real
property located in whole or in part in an unincorporated area
of the county;
appointed by the county executive. However, at least two (2) of
the citizen members must be residents of the unincorporated
area of the county. Also one (1) township trustee, who must be
a resident of an unincorporated area of the county appointed by
the county executive upon the recommendation of the township
trustees whose townships are within the jurisdiction of the
county plan commission.
(B) Five (5) citizen members, of whom not more than three (3)
may be of the same political party. Each of the five (5)
members must be:
(i) a resident of an unincorporated area of the county; or
(ii) a resident of the county who is also an owner of real
property located in whole or in part in an unincorporated area
of the county;
appointed by the county executive. However at least three (3)
members must be residents of the unincorporated area of the
county.
If a county executive changes the plan commission from having
members described in clause (B) to having members described in
clause (A), the county executive shall appoint a township trustee
to replace the first citizen member whose term expires and who
belongs to the same political party as the township trustee. Each
member appointed to the commission is entitled to receive
compensation for mileage at the same rate and the same
compensation for services as a member of a county executive, a
member of a county fiscal body, a county surveyor, or an
appointee of a county surveyor receives for serving on the
commission, as set forth in section 222.5 of this chapter.
(b) ADVISORY. The metropolitan plan commission consists of nine
(9) members, as follows:
(1) One (1) member appointed by the county legislative body
from its membership.
(2) One (1) member appointed by the second class city legislative
body from its membership.
(3) Three (3) citizen members who:
(A) reside in an unincorporated area of the county; or
(B) reside in the county and also own real property located in
whole or in part in an unincorporated area of the county;
of whom no more than two (2) may be of the same political party,
appointed by the county legislative body. One (1) of these
members must be actively engaged in farming.
(4) Four (4) citizen members, of whom no more than two (2) may
be of the same political party, appointed by the second class city
executive. One (1) of these members must be from the
metropolitan school authority or community school corporation
and a resident of that school district, and the other three (3)
members must be residents of the second class city.
(c) AREA. When there are six (6) county representatives, they are
as follows:
(1) One (1) member appointed by the county executive from its
membership.
(2) One (1) member appointed by the county fiscal body from its
membership.
(3) A representative appointed by the school corporation
superintendents within the jurisdiction of the area plan
commission.
(4) One (1) of the following appointed by the county executive:
(A) The county agricultural extension educator. However, the
county agricultural extension educator must be a resident of the
county to be eligible to serve on the area plan commission. If:
(i) the county does not have a county agricultural extension
educator; or
(ii) the county agricultural extension educator is not a
resident of the county;
the county executive shall select a resident of the county who
is a property owner with agricultural interest to serve on the
area plan commission under this clause for a period not to
exceed one (1) year. In addition to the county resident selected
by the county executive to serve as a member of the
commission, the county agricultural extension educator who is
not a resident of the county shall serve the commission in a
nonvoting advisory capacity.
(B) The county surveyor or the county surveyor's designee.
However, the county surveyor's designee must be a resident of
the county to be eligible to serve on the area plan commission.
(5) One (1) citizen member who is:
(A) a resident of the unincorporated area of the county; or
(B) a resident of the county who is also an owner of real
property located in whole or in part in the unincorporated area
of the county;
appointed by the county executive.
(6) One (1) citizen member who is:
(A) a resident of the unincorporated area of the county; or
(B) a resident of the county who is also an owner of real
property located in whole or in part in the unincorporated area
of the county;
appointed by the county fiscal body.
(d) AREA. When there are five (5) county representatives, they are
the representatives listed or appointed under subsection (c)(3), (c)(4),
(c)(5), and (c)(6) and:
(1) the county surveyor or the county surveyor's designee if the
county executive appoints the county agricultural extension
educator or resident of the county who is a property owner with
agricultural interest, as applicable, under subsection (c)(4); or
(2) the county agricultural extension educator or resident of the
county who is a property owner with agricultural interest, as
applicable, if the county executive appoints the county surveyor
under subsection (c)(4).
(e) ADVISORY. Notwithstanding subsection (a)(4), a county
agricultural extension educator who is a member of the county plan
commission on July 1, 2020, and is not a resident of the county may
continue to serve as a member of the commission until:
(1) October 1, 2020; or
(2) the date set forth in an ordinance adopted by the county
legislative body that is after October 1, 2020, and not later than
October 1, 2021.
This subsection expires January 1, 2022.
(f) AREA. Notwithstanding subsection (c)(4), a county agricultural
extension educator who is a member of the area plan commission on
July 1, 2020, and is not a resident of the county may continue to serve
as a member of the commission until:
(1) October 1, 2020; or
(2) the date set forth in an ordinance adopted by the county
legislative body that is after October 1, 2020, and not later than
October 1, 2021.
This subsection expires January 1, 2022.
[Pre-Local Government Recodification Citations: 18-7-3-3;
18-7-4-208; 18-7-4-9; 18-7-4-10; 18-7-5-11.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.310, SEC.7; P.L.354-1983, SEC.1; P.L.40-1993, SEC.67;
P.L.226-1997, SEC.1; P.L.216-1999, SEC.2; P.L.103-2000, SEC.1;
P.L.276-2001, SEC.10; P.L.173-2003, SEC.30; P.L.32-2004, SEC.2;
P.L.126-2011, SEC.7; P.L.233-2015, SEC.339; P.L.53-2020,
SEC.1.