Indiana Code Title 36. Local Government § 36-7-4-1210.6

(1) created through a joinder agreement;  and

(2) composed of nine (9) members, some of whom are appointed from a legislative branch of local government.

(1) there is a vacancy in the membership of a plan commission that is required by statute to be filled by a member of a legislative body of local government;  and

(2) no member of the legislative body of local government will accept an appointment to fill the vacancy;