(A) Authority. The Planning Board of the town is created pursuant to G.S. § 160D-301.
(B) Purpose. The Planning Board shall act in an advisory capacity to the Board of Commissioners in the matter of guiding and accomplishing a coordinated and harmonious development of the area within the town jurisdiction.
(C) Membership.
(1) Generally. The Planning Board shall consist of five members and two alternates. Four of the members and the alternates shall be residents of the town and shall be appointed by the Town Board of Commissioners; provided, however, one of the alternates may reside in the ETJ. The initial terms shall be three years for two members and the two alternates, and two years for the remaining two members. All terms shall be three years thereafter. The term of the member appointed by the County Commissioners pursuant to division (C)(2) below shall be three years. Vacancies occurring for reasons other than expiration of term shall be filled by the Town Board of Commissioners as they occur for the period of the unexpired term. Members may be removed from office by the Town Board of Commissioners for neglect of duty, failure to attend three consecutive meetings, or failure to attend 75% of the meetings. A written statement of the reasons for removal shall be filed with the Town Clerk at the time of removal.
(2) County resident member. The remaining one member shall be a resident of Brunswick County who resides outside the town but within the extraterritorial jurisdiction of the town and shall be appointed by the Brunswick County Board of Commissioners. The county representation must be proportional based on the population for residents of the ETJ area. The population estimates for this calculation must be updated following each decennial census. If a vacancy occurs for reasons other than expiration of term, it shall be filled by the County Board of Commissioners for the period of the unexpired term. The member may be removed from office for reasons previously cited. However, if such were to occur, a written statement of the reasons for removal shall be requested from the County Board of Commissioners by the Town Board of Commissioners at the time of removal.
(D) Jurisdiction and voting. The member appointed by the County Board of Commissioners shall have equal rights, privileges and duties with the other members of the Planning Board in all matters pertaining to the regulation of both the extraterritorial area and the areas within the corporate limits. Majority of the sitting members of the Planning Board shall constitute a quorum for the taking of any official action. All appointed members shall, before entering their duties, qualify by taking an oath of office.
(E) Operational procedures.
(1) The Planning Board shall elect a Chairperson and a Vice-Chairperson, and create and fill such other offices as it may deem necessary.
(2) The term of the Chairperson and other offices shall be one year, with eligibility for re-election. The election shall be held the first regular meeting in January, or as soon thereafter as possible.
(3) Proceedings of the Planning Board shall be conducted in accord with Robert’s Rules of Order or other rules as may be adopted by the Planning Board.
(4) A record shall be maintained of its members’ attendance and of its resolutions, discussions, findings and recommendations which shall be a public record.
(5) The Planning Board shall hold publicly-advertised meetings as necessary to conduct business, and all of its meetings shall be open to the public.
(6) Majority of the sitting members of the Planning Board shall constitute a quorum for taking any official action.
(7) To recommend to the Board of Commissioners the approval or disapproval of major site plans and major subdivisions in accordance with § 91.64.
(F) General powers and duties. The general powers and duties of the Planning Board (with prior approval by the Board of Commissioners) are:
(1) Prepare, review, maintain, monitor, and periodically update and recommend to the Board of Commissioners and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.
(2) Facilitate and coordinate citizen engagement and participation in the planning process.
(3) Develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
(4) To approve major site plans and major subdivisions in accordance with § 91.64.
(5) Advise the Board of Commissioners concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by G.S. § 160D-604.
(6) Perform any other duties that the Board of Commissioners may lawfully assign to it.
(7) In order to effectively carry out its powers and duties, the Planning Board is empowered to:
(a) With prior approval of the Board of Commissioners, gather statistics on past trends and present conditions with respect to population, property values, the economic base of the area and land use; and such other information as is important or likely to be important in determining the amount, direction and kind of development within the town’s jurisdiction and its various parts;
(b) With prior approval by the Board of Commissioners, make, cause to be made, or obtain special studies on the location, the condition and the adequacy of specific facilities, which may include, but are not limited to, studies of housing; commercial and industrial facilities; recreation area; public facilities; and traffic and parking facilities; and
(c) Develop committees comprised of Planning Board members dedicated to participating in any areas of study, ordinance development, or for any other specific purpose within the Planning Board’s jurisdiction. Such committees shall be responsible to the Planning Board and shall be advisory in nature. The development/appointment of any other committees will require prior approval by the Board of Commissioners.
(G) Miscellaneous powers and duties. The Planning Board shall have the authority to promote public interest in the understanding of its recommendations, plans, reports and other materials. With prior approval of the Board of Commissioners, the Planning Board may publish and distribute copies of materials and may employ other means of publicity and education as it deems necessary.
(H) Zoning amendments. The Planning Board may initiate from time to time proposals for amendments of the UDO and Zoning Map, based upon its studies and plans. It shall review and make recommendations to the Board of Commissioners concerning all proposed amendments to the UDO and Zoning Map.
(I) Subdivision regulations. The Planning Board shall review, from time to time, the existing regulations for the control of land subdivision in the area and submit to the Board of Commissioners its recommendations, if any, for the revision of these regulations.
(J) Public hearings. The Planning Board may conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the plans. Before recommending any such plans to the Board of Commissioners, the Planning Board may hold a public hearing thereon in accordance with §§ 91.50 through 91.57.
(K) Annual report. The Planning Board may each year submit in writing to the Board of Commissioners a report of its activities, and an analysis of the expenditures to date for the current fiscal year; and shall submit to the Board of Commissioners for budget consideration its requested budget of funds needed for operation during the ensuing fiscal year.
(Ord. eff. 9-6-2012, § 3.3; Am. Ord. 15-2, passed 3-5-2015; Am. Ord. 21-1, passed 9-17-2020)