§ 2.3 PLANNING BOARD.

Publisher's Note: This Section has been AMENDED by new legislation (Ord. A.24.04, adopted 5-2-2024). The text of the amendment will be incorporated below when the ordinance is codified.

   2.3.1   Authority and establishment. The Town Planning Board is hereby established pursuant to the authority of G.S. § 160A-361.

   2.3.2   Membership. The Planning Board shall consist of seven regular members, who shall consist of residents of the town appointed by the Town Council and residents of the extraterritorial jurisdiction appointed by the County Board of Commissioners proportionate to their population, as provided in G.S. § 160D-307. Two alternate members shall be appointed to the Planning Board to serve in the case of the absence or temporary disqualification of one or more regular Board members. All members shall have the same rights, privileges, and duties regardless of whether matters to be decided arise within the city or within the extraterritorial (ETJ) area.

   2.3.3   Quorum. Four or more members of the Planning Board shall constitute a quorum.

   2.3.4   Powers and duties. In the application and enforcement of this ordinance, the Planning Board has the following powers and duties.

      (A)   Review and recommendation. The Planning Board has review and recommendation responsibility for the following:

         (1)   Land development ordinance text amendments;

         (2)   Zoning map amendments;

         (3)   Conditional Zoning District classifications;

         (4)   Major subdivision preliminary plats; and

         (5)   Establishment of vested rights.

   2.3.5   Voting.

      (A)   Required vote for recommendation of approval. The concurring affirmative vote of a majority of the members present and qualified to vote is required to make a recommendation or any other decision in favor of an applicant. Tie votes must be considered recommendations or decisions for denial.

      (B)   Vote of the Chairperson. The Chairperson of the Planning Board, or Vice Chairperson serving in that role in his or her absence or temporary disqualification, shall vote as any other member of the Board.

   2.3.6   Avoiding conflicts of interest. Pursuant to G.S. § 160D-109, members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to G.S. Ch. 160D where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not 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 has a close familial, business, or other associational relationship.

(Ord. A.21.01, passed 6-3-2021)