CHAPTER 101

AREA PLAN COMMISSION ORDINANCE

6 – 101.1      Purpose

To establish an Area Plan Commission, provide for the appointment of representatives and to establish an Area Planning Department for Vigo County.

6 – 101.2      General Provisions

6 – 101.2-a      The Board of County Commissioners of Vigo County, Indiana, hereby adopts the provisions of Chapter 138, Acts of 1957, Indiana General Assembly, as amended, and does hereby establish an Area Plan Commission and Area Planning Department for Vigo County.

6 – 101.2-b      The Area Plan Commission is hereby formally designated by Vigo County as its official representative for the Department of Housing and Urban Development, the Farmers Home Administration and the Federal Housing Administration.

6 – 101.2-c      The Area Planning Department shall be established on the 30th day of January, 1967.

6 – 101.2-d      The unincorporated areas of Vigo County shall be divided into five (5) planning districts and shall consist of townships as follows:

      1st District - Sugar Creek Township and Fayette Township;

      2nd District - Nevins Township and Otter Creek Township;

      3rd District - Riley Township and Lost Creek Township;

4th District - Linton Township, Pierson Township and Prairie Creek

   Township;

      5th District - Prairieton Township and Honey Creek Township

      Harrison Township is excluded for the reason that Harrison Township is within the boundaries of the City of Terre Haute, Indiana, which will be represented in the department by its own membership.

6 – 101.3      Representation

6 – 101.3-a      Pursuant to the provisions of Section 95, P.L. 310, HEA 1576, the county representation on the Area Plan Commission shall be as prescribed by IC-18-7-4-208(c), which is as follows:

6 – 101.3-a.1   One (1) member appointed by legislative body from its membership.

6 – 101.3-a.2   Five (5) citizen members appointed by the legislative body of the county following the procedure prescribed in this subsection: In order that the citizen representation is apportioned over the entire County, the legislative body of the County shall divide the unincorporated areas of the County into five (5) planning districts. The township trustee of each township shall nominate one (1) resident freeholder of the township as a candidate for the office of planning commissioner. From the list of nominees submitted by the trustees, the legislative body of the County shall appoint one (1) resident freeholder from each planning district to serve as a citizen member on the Area Plan Commission. Qualifications and terms of citizen members are as prescribed by the Area Planning Law.

6 – 101.3-b      Pursuant to the provisions of IC-36-7-4-207(c)3 and IC-36-7-4-209(d), the representation for the City of Terre Haute, Indiana shall be as follows:

6 – 101.3-b.1   One (1) member of the hoard of Works or the Board of Sanitary Commissioners.

6 – 101.3-b.2   One (1) member of the legislative body appointed by the legislative body.

6 – 101.3-b.3   Three (3) citizen members appointed by the executive. Qualifications and terms of citizen members are as prescribed by the Area Planning Law.

6 – 101.3-c      Pursuant to IC-36-7-4-211(b), the representation for the Town of Riley, Indiana shall be one (1) member.

6 – 101.3-d      Pursuant to IC-36-7-4-211(b), the representation for the Town of Seelyville, Indiana shall be one (1) member.

6 – 101.3-e      Pursuant to IC-36-7-4-211(b), the representation far the Town of West Terre Haute, Indiana shall be one (1) member.

6 – 101.3-f      An ordinance adopted under Section 95, P.L. 310, HEA 1576, 102nd Indiana General Assembly may not be amended or repealed until after this section expires on January 1, 1984.

6 – 101.4      Repealer

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

6 – 101.5      Severability Clause

      If any section, provision, or part of this ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, ox part thereof not adjudged invalid or unconstitutional.

6 – 101.6      Effective Date

      Passed and adopted by the Vigo County Board of Commissioners on August 17, 1981.