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Home My Public Portal About2282-1967 - Establishing a Public Development Plan-.�.. WI ORDINANCE NO. 2282-1967 &4711� 6 AN ORDINANCE ESTABLISHING A PUBLIC DEVELOPMENT PLAN FOR RICHMOND, INDIANA Be it ordained by the Common Council of the City of Riciixnond, Indiana: SECTION 1: DESIGNATION This ordinance ►hall be known as the Public Develop- ment Plan for the City of Richmond, Indiana. SECTION 2: TERMINOLOGY The term "Public Development Plan" shall be con- sidered synonymous with the terms "Master Plan" wherever the latter appears directly or by reference in the acts of 1947 Chapter 174 as amended from 'time to time. SECTION 3: MAP The Public Dovelopment Flan consists of a reap entitled "Public Development Plan for Richmmond, IndianA" designated as Exhibit A which is attached hereto and made a pert }wreof. Said map shows the locations of existing and proposed streets and thoroughfares, schools, recreational facilities and certain other city facilities. The Map and all ordinances imendatory thereof shall be on file for public display and examination during regular office hours of the City Planning Department and shall be under the control and responsibility of the Director and Staff of the City Planning Department. SECTION 4: AUTHORITY OF THE PUBLIC DEVELOPY10T PLAN A. General Effect: The City Council or other governing body within the corporate limits of the City of Richmond, Indiana shall be guided by and give consideration to the general policy and pattern of development set out in the Public Develop- ment Plan in the authorization, construction, alteration or abandonment of public ways, public places, public structures or public utilities and the authorization, acceptance or con- struction of water mains, sewsrsa connections, facilities or utilities. B. ABANDOM-NT OR VACATION: No public way or platted lot shall be abandoned or vacated until the Richmond Plan Comkission shall have first given notice and held a public hearing on vacation or abandonment of such public ways or platted lots to determine if such abandonment or vacation is in conformity with the Public Development Plan. The Plan Coanvission shall forward its recommendation to the B•,ard of Public Works and Safety or Court wherein such proceeding is peeing. Said Board or Court Shall not over -ride the recommendation of the Plan Commission unless done so by a 3/4 vote or' the City Council, which action by the City Council shall consti- tute an amendment of the Public Development Plan. The Detitioner foZ such abandorm-ent or vacation before said Board or Court shall be responsible for initiating a review of the Plan Commission's adverse recosmsmendotion by the City Council. by petition to that body. C. STREETS AND THOROUGHFARES: The Board of Public 'Works and Saf �tjr or other party, who proposes dedication or modification of a street or thoroughfare and is not subject to the Subdivision Control Ordinance of the City of Richmond, Indiana, shall suit proposals for determining the lines for no -at a:<tended, widenid or narrowed streets or thoroughfares within the City of Richmonly Indiana to the Plan Commission. The Plan Comission shall if such new or modified streets or thoroughfares are In confo ml �-y with the Public Development Plan. The Plan Commission] shall its recommendation to the Board of Public Works and Safety cr., Party. Said Bonrd or other Party shall not over --ride thL racori , _ tion of the Plan Comission unless done so by a 3/4 vote of die City Council, which action by the City Council shall constitute an amendment of the Public Development Plan. The Board or ocher person proposing such dedication or modification shall. �-e responsible for initiating a review of the Plan CommissionIn adverse recommendation by the City Council by petition tiz thr-t body. 0irdinante Mo. 2282-1967 cont. Page 2. D. STRUCTURES: Within the City of Richmond, Indiana a structure shall not be located and an improvement location permit for a structure on platted or uplatted lands shall not be issued unless the structure and its location conform to the Public Development Plan and the Zoning Ordinance of the City of Richmond, Indiana. Such Improvement location permit shall be issued by the Planning Director of the City of Richmond, Indiana after the public body board or other public entity proposing to build such structure has submitted its proposed location for such structure to the Plan Commission and said Plan Commission has determined that the pro- posed location of such structure is in conformity with the Public Development Plan. SECTION S: REPORT A report entitled "Comprehensive Faster Plan Richmond, Indiana 1966" which sets forth information, policies, recommenda- tions and source material utilized in promulgating the Public Development Plan shall be considered advisory only and not a part of the Public Development Plan to be enforced pursuant to the provisions of this ordinance. SECTION 6: AMENDKENTS The Public Development Plan and this Ordinance shall be appended in accordance with the procedure set forth in Section 37, 38, 39 and 409 Chapter 1749, Acts of 19479 except that, if the City Council desires an amendment, it may direct the Plan Commission to prepare an amendment and submit it to public hearing within sixty (60) days after formal written notice by the City Council. SECTION 7% ENFORCEMENT The Plan Commission or Planning Director of the City of Richmond, Indiana, may institute a suit for injunction in the Wayne Circuit or Superior Court to restrain any indivi- dual, governmental unit, public body, public board or other public entities from violating the provisions of this Ordinance. The Plan Commission or Planning Director may also institute a suit for a mandatory injunction directing an individual, govern- mental unit, public body, public board or other public entity to remove a structure erected in violation of the provisions of this Ordinance. SECTION Ss COURT REVIEW Every decision of the Richmond, Indiana Plan Commission made in the administration of this ordinance may be subject to Court review. Any public body within the corporate limits of the City of Richmond, Indiana which is aggrieved by any decision of the Plan Commission in the administration of this ordinance, may present to the Circuit or Superior Court of Wayne County, Indiana a duly verified petition, setting forth that such decision was erroneous in whole or in part, and specifying the grounds of the error. The petition shall be presented to the Court within thirty (30) days after the date of the decision of the Plan Commission complained of. No change of venue from Wayne County, Indiana shall be had in any cause arising under the provisions of this section. The Court may decide and determine the sufficiency of the state- ments of error contained in the petition without further plead- ings and may make its determination and render its judgement with reference to the error in the decision of the Plan Commission on the facts set out in the petition and from Plan Commission records. If it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence to supplement the evidence and facts submitted, such review may be by trial de novo. In passing upon the decision of the Plan Commissions the Court may reverse or affirm, wholly or in part, or may modify the decision of the Plan Commission brought before the court for review. An appeal may be taken to the Appellate Court of the State of Indiana from the final judgement of the Court reversing, affirming or modifying the decision of the Plan Commission In the same manner, and upon the same terms, conditions and limitations as appeals in other civil actions. Ordihafica lo. 2282-1967 continued Page 3. SBMONON 9s EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED a ADOPTED by the C on Council of the City of Richmond, Indiana, PA �....�._... _. Y ,1967. Tmm— Attests /City Clerk P i n of n Council PRESENTED by ma, Ather J. Reeg, Cit lerk to the Honorable mayor, Edward L. Cordell, this day of ,1967. U-- -- ',� 0 ity k APPROVED me, Edward L. Co 11, Veyor of the City of Richmond, Indiana, this day of 1967. -dr Attests city ty t