Major Changes to Indiana Planning & Zoning Statutes. John R. Molitor Attorney at Law
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1 Major Changes to Indiana Planning & Zoning Statutes John R. Molitor Attorney at Law
2 Review and Discussion of P.L Amendments to IC 36-7, stemming from House Bill 1311
3 The Statutes Evolve P.L : effective 7/1/2011 Major amendments: judicial review, plat vacation, and 'commitments' Other changes: alternate members, committee powers, plat review, ordinance publishing, etc.
4 The Statutes Evolve P.L : effective 7/1/2011 Transition: act NOT applicable to permits granted or applications filed before its effective date See IC
5 The Statutes Evolve What to do right now What to do next year What probably should have been done before the law changed anyway!
6 What To Do Now Staff be sure any new 'commitments' are recorded with the County Recorder Keep a permanent file re compliance See IC (b)
7 What To Do Now Staff be sure any temporary 'conditions' are complied with, before issuing permits Keep permanent files of old 'conditions' (pre-2011) See IC (g)
8 What To Do Now Staff have a sign-up sheet available re every decision Parties must now request notice in case a lawsuit is filed Shotgun notices not required See IC
9 What To Do Now Staff keep the record of decision ready in case a lawsuit is filed Litigant must now request the record and file it with the court No more 'writ of certiorari' See IC
10 What To Do Now Staff check availability of ordinances to the public Include in city/town/county code, or incorporate them by reference See IC
11 What To Do Next Schedule orientation sessions per IC (c)(6) Train members to distinguish temporary 'conditions' from permanent 'commitments' See IC
12 What To Do Next Orientation sessions Educate about 'disqualification' For bias or lack of objectivity For conflict of interest See IC and 909
13 What To Do Next Orientation sessions (BZA only) Educate about absences When 'disqualified' When 'otherwise unable to participate' See IC (a)
14 What To Do Next Amend rules of procedure List residency requirement for each member (CAUTION!) Establish a procedure for determining compliance See IC and 905
15 What To Do Next Staff alert appointing authorities re alternate members (PC) Also, advise re their ability to appoint some nonresidents See IC and 220
16 What To Do Next WARNING error in the statute! Affects PC members representing unincorporated areas (ETJ) Look for correction to be made during 2012 session See IC (a)
17 What To Do Next Staff alert appointing authorities re alternate members (BZA) Also, advise re their ability to appoint some nonresidents Consider 'standby' alternates See IC and 907
18 What To Do Next Amend rules of procedure Clarify 'waiver' authority (PC) Clarify 'variance' authority (BZA) See IC and 918.5
19 What To Do Next Amend rules of procedure Promote informal settlements between parties (PC) Provide for pre-hearing conferences (BZA) See IC (d), ct. rules
20 What To Do Next Consider ordinance amendments Authorize 'combo' hearings Consolidate into a UDO Integrate charts and graphs See IC and 610
21 What To Do Next Consider rule amendments Delegate to hearing examiners (PC) or hearing officers (BZA) Delegate to committees (PC) See IC and 923
22 What You Missed Tracking old 'commitments' and 'conditions' (expiration dates?) Integrating vested rights into ordinances (now up to 10 years) See IC and 1109
23 What You Missed Providing separate rules for uncontested and contested plat vacations (including vacation of covenants) See IC , IC and 714, and Daniels, 306 F.3d 445 (7th Cir. 2002)
24 What You Missed Creating a preferred form (template) for 'commitments' See IC and Story, 819 N.E.2d 55 (Ind. 2004)
25 What You Missed Restricting the availability of PUD ordinances (alternative: use combo hearings?) Encouraging communication between adverse parties See IC and 920(h)
26 What You Missed Addressing weekends and holidays (re deadlines) Budgeting for purchase of the 'blue books' for members (SOON TO BE REPUBLISHED!) See IC
27 Questions re Legislative Amendments John R. Molitor Attorney at Law
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