Introduced Version






HOUSE

RESOLUTION No. ___



Introduced by: Bartlett


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        A RESOLUTION urging the legislative council to establish an interim study committee to study planning and zoning issues.
    

    Whereas, It behooves the state of Indiana to study the following planning and zoning issues in order to improve the efficiency and accuracy of the current system: Therefore,

Be it resolved by the House of Representatives of the

General Assembly of the State of Indiana:


    SECTION 1. That the legislative council is urged to establish an interim study committee to study the following planning and zoning issues:
        (1) Eliminating the review of zoning issues by certiorari and establishing a judicial review procedure.
        (2) Procedures for vacation of a plat, including any recorded covenants.
        (3) Allowing plan commissions to grant waivers from the subdivision control ordinance.
        (4) Proposed changes to the law regarding the following:
            (A) Qualifications of citizen members of plan commissions and boards of zoning appeals.
            (B) Appointment of alternate members to all plan commissions (instead of only area plan commissions).
            (C) Disqualification of plan commission and board of zoning appeals members due to financial interest or bias.
            (D) Publication of zoning ordinances.
            (E) Commitments and conditions.
        (5) Maintaining current law allowing a plan commission to delegate authority to its employees to perform ministerial acts in all cases except where final action of the commission or board of zoning appeals is required by law.
        (6) Maintaining references in current law to hearing examiners.
        (7) Allowing a plat committee to act on behalf of the plan commission on subdivision applications.
        (8) Allowing a plan commission to limit further considerations of a plat or vacation request for not more than one year after the disapproval of a request.
        (9) Specifying that board of zoning appeals divisions may use alternate members from other divisions.
        (10) Providing that plat committee decisions must first be appealed to the plan commission, with plan commission decisions then appealed to the courts.
    SECTION 2. That the committee shall operate under the direction of the legislative council and shall issue a final report when directed to do so by the council.


20092875



HR 1532/DI 84

2009


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