(a) The village council shall appoint a planning board consisting of five members and two alternates to hear appeals of administrative decisions, variance requests, special use permits, or any other quasi-judicial decision permitted by G.S. Chapter 160D and to provide a recommendation to village council on proposed amendments, supplements, changes, modifications or repeals of this chapter. The term of each regular member and alternate is three years commencing on July 1 of the year of appointment, except that in appointing the initial planning board under this ordinance, council shall appoint two regular members and one alternate to an initial two-year term that expires June 30, 2023, in order to create staggered terms. There are no term limits for service on the planning board. Council may fill vacancies for the unexpired term only.
(b) The two alternates shall substitute in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. When substituting, such alternates shall have the same voting privileges as a regular member.
(c) A member of the planning board shall not vote on any quasi-judicial decision in a manner that would violate an affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. A member of the planning board shall note vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A member of the planning board shall note vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member nas a close familial, business, or other associational relationship. If an objection is raised to a planning board member's participation at or prior to the hearing or vote on a particular matter, whether quasi-judicial, advisory, or legislative, and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
(Ord. No. 29, § 6.1, 8-17-1991; Ord. No. 2006-1007, 10-26-2006; Ord. No. 2021-0607, § 1, 6-28-2021)