(A) Members.
(1) The Planning Board and Board of Adjustment shall be comprised of ten regular members and two alternate members. Eight of the regular members and one of the alternate members (Alternate #1) shall be appointed by the Board of Commissioners of the town. Two of the regular members and one of the alternate members (Alternate #2) shall be appointed by the Pitt County Board of Commissioners under the authority set out in
state law
. The two regular members and one alternate member (Alternate #2) appointed by the Pitt County Commissioners shall be residents of the extraterritorial jurisdiction within a one- mile area outside the corporate limits of the town.
(2) The extraterritorial (ETJ) members shall have equal rights, privileges and duties with town members of the Board, and are required to vote on each question, regardless of whether the matters at issue arise within the town or within the extraterritorial jurisdiction.
(3) The number of members representing the extraterritorial jurisdiction shall be at least proportional to the number of members representing the Town of Ayden, as required by
state law
. Minimum extraterritorial representation shall be calculated by dividing the total population of the town and the extraterritorial jurisdiction by the number of persons on the Planning Board to determine the minimum required per capita proportional representation for the extraterritorial jurisdiction. For example: town population of 5,000 plus extraterritorial jurisdiction population of 900 = 5,900 divided by 10 = one representative per 590 persons = one representative for the extraterritorial jurisdiction. S
tate law
requires at least one representative for the extraterritorial jurisdiction. The full fraction rule expressed in
state law
provides that additional representation for the extraterritorial jurisdiction is required for full tenths of the total population of the town and extraterritorial jurisdiction.
(4) Each alternate member, while attending any meeting of the Board and serving in the absence of any regular member, shall have and may exercise all powers and duties of a regular member. Any alternate member may serve for any regular member without regard to which jurisdiction the alternate or regular member was originally appointed by.
(5) Alternate members may participate in discussions or proceedings, but may not vote except in the absence or disqualification of a regular member. Participation of alternate members shall not be deemed to increase the size of the Boards. A vote shall not be delayed in order that the regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate #1 shall vote.
(6) No regular or alternate member shall be permitted to participate in any matter, which he/she has either directly or indirectly any personal or financial interest.
(7) The eight regular town members and two regular ETJ members appointed by the Board of Commissioners of the town and county respectively shall be appointed for terms of three years and shall serve without compensation.
(8) The terms of the alternate members first appointed under this subchapter shall be so determined that to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first two years after their appointment; provided that the initial term of no alternate member shall exceed two years. Alternates #1 and #2 are to be appointed initially for a term of two years.
(9) No member shall serve longer than three consecutive full terms. Individuals serving three consecutive full terms must sit off the Board for one calendar year before eligible for reappointment. This policy may be waived if the Board of Commissioners determines that the removal of the individual made ineligible by this statute would place the functioning of the Board at a disadvantage or if the town does not receive any applications from qualified individuals after advertising for two consecutive weeks.
(10) When filling vacancies caused by the resignation of existing members, the Town Board of Commissioners and County Board of Commissioners may appoint certain members for less than three years to the end that thereafter the terms of all members shall not expire at the same time.
(11) Members and alternate members may, after a public hearing, be removed by the Board of Commissioners for inefficiency, neglect of duty, or malfeasance in office. The Board of Commissioners shall file a written statement of reasons of such removal. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term by the Board of Commissioners.
('70 Code, Ch. L, Art. I § 1) (Ord., passed 6-28-72; Am. Ord. 96-97-04, passed 10-14-96)
(12) If appointees have unexcused absences which constitute more than 25% of the Board meetings in any calendar year which they are required to attend pursuant to their appointment, they are obligated to resign. Excused absences are defined as absences caused by events beyond one's control, if individuals refuse to resign, they may be dismissed by action of the Town Board of Commissioners subject to state or local law. A calendar year is defined as a 12-month period beginning on the date of appointment.
(B) Meetings; officers. Within 30 days after appointment, the Planning Board shall meet and elect a Chairman and create and fill such offices as it may determine. The term of the Chairman and other officers shall be one year, with eligibility for reelection. The Planning Board shall adopt rules for transaction of its business and shall keep a record of its members' attendance and of its resolutions, discussions, findings, and recommendations, which record shall be a public record. The Planning Board shall hold at least one meeting monthly, and all of its meetings shall be open to the public. Whenever a regular meeting of the Planning Board falls on a town observed public holiday, it is automatically rescheduled for the next week day or other date as determined by the Planning Board. No regular or special meeting of the Planning Board should be scheduled on a town observed public holiday.
(C) Duties. It shall be the duty of the Planning Board, in general:
(1) To acquire and maintain in current form such basic information and materials as are necessary to any understanding of past trends, present conditions, and forces at work to cause changes in these conditions;
(2) To prepare and from time to time amend and revise a comprehensive and coordinated plan for the physical development of the area;
(3) To establish principles and policies for guiding action in the development of the area;
(4) To prepare and recommend to the Town Board of Commissioners ordinances promoting orderly development along the lines indicated in the comprehensive plan;
(5) To determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area;
(6) To keep the Town Board of Commissioners and the general public informed and advised as to these matters; and
(7) To perform any other duties which may lawfully be assigned to it by the Town Board of Commissioners.
(D) Powers. The Planning Board may conduct such public hearings as may be required to gather information necessary for the drafting, establishment, and maintenance of the comprehensive plan. Before adopting any such plan, the Planning Board shall hold at least one public hearing thereon.
(1) The Planning Board may establish committees and subcommittees consisting of members chosen from its own membership or from residents of the town to assist in carrying out any and all of its planning functions and implementation of the plans made. The Planning Board is authorized to expend such funds for planning and implementation of such plans as the Board of Commissioners of the town may appropriate, provided these are expended for causes or purposes designated by the Board of Commissioners in its appropriation.
(2) The Planning Board shall have power to promote public interest in and an understanding of its recommendations, and to that end, it may publish and distribute copies of its recommendations and may employ such other means of publicity and education as it may determine.
(3) Members or employees of the Planning Board, when duly authorized by the Planning Board, may attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation. The Planning Board may, by formal and affirmative vote, pay, within the Planning Board's budget, the reasonable traveling expenses incident to such attendance.
('70 Code, Ch. L, Art. I §§ 1, 2. 3 and 9) (Ord., passed 6-28-72; Am. Ord. 96-97-04, passed 10-14-96; Am. Ord. 00-01-27, passed 12-11-00; Am. Ord. 02-03-10, passed 9-9-02; Am. Ord. 04-05-00, passed 7-26-04; Am. Ord. 06-07-33, passed 1-22-07; Am. Ord. 08-09-36, passed 4-27-09; Am. Ord. 10-11-06, passed 11-8-10)