(A) Town Council.
(1) Establishment and composition. The Town Council is established and composed pursuant to the Town Charter and Chapter 30 of the town's Code of Ordinances.
(2) Powers and duties. In execution of the provisions of this chapter, the Town Council shall be responsible for final action per Table 7-1, Review and Approval Authority.
(B) Planning Board.
(1) Establishment and composition. The Planning Board is established and composed pursuant to G.S. § 160D-301 and Chapter 32 of the town's Code of Ordinances. Per G.S. § 160D-307, residents of both the corporate limits and the ETJ shall serve on the Planning Board. The ratio of residents of the corporate limits and residents of the ETJ shall be proportional to the number of residents of the corporate limits to the number of residents of the ETJ. At least one resident of the ETJ shall serve on the Planning Board. The populations shall be taken from the most recent decennial census
(2) Powers and duties. In execution of the provisions of this chapter, the Planning Board shall have the following power and duties:
(a) General authority.
1. The Planning Board may exercise additional powers as may be described elsewhere in this chapter and as permitted by North Carolina General Statutes.
2. The Planning Board shall perform related duties as directed by the Town Council.
(b) Review authority. The Planning Board shall make recommendations per Table 7-1, Review and Approval Authority.
(c) Final authority. The Planning Board shall be responsible for final action per Table 7-1, Review and Approval Authority.
(C) Board of Adjustment.
(D) Planning Director.
(1) Designation. The Planning Director shall administer certain provisions of this chapter as may be required below.
(2) Powers and duties. In execution of the provisions of this chapter, the Planning Director shall have the following powers and duties:
(a) General authority.
1. The Planning Director may exercise additional powers as may be described elsewhere in this chapter and as permitted by North Carolina General Statutes.
2. The Planning Director shall perform related duties as directed by the Town Council.
(b) Review authority. The Planning Director shall make recommendations per Table 7-1, Review and Approval Authority.
(c) Final authority. The Planning Director shall be responsible for final action per Table 7-1. Review and Approval Authority.
(E) Technical Review Committee.
(1) Establishment and composition.
(a) Pursuant to G.S. § 160D-306, the Technical Review Committee (TRC) is established for the purpose of performing technical evaluations of land development activities, including but not limited to subdivisions, conditional rezonings, and site plan applications, per Table 7-1, Review and Approval Authority. The TRC is further authorized to complete appropriate analyses of land development activities pursuant to the town's Code of Ordinances. The Technical Review Committee shall be composed of the persons below, or their designee:
1. The Planning Director, chairman;
2. Planning department staff, designated with primary review responsibility for each application;
3. The Public Works Director and or state designated Officer in Responsible Charge of Utility Systems;
4. The Electric System Director;
5. The Town Engineer;
6. The Fire Chief;
7. The Parks and Recreation Director; and
8. The North Carolina Department of Transportation.
(b) The TRC may request input from other governmental agencies including, but not limited to, the School Board, the USPS Clayton Postmaster, Johnston County Department of Public Utilities, North Carolina Railroad and adjacent municipalities as needed.
(2) Powers and duties. The Technical Review Committee has the following duties and responsibilities regarding the review and consideration of applications that come before them:
(a) The TRC shall undertake technical evaluations of land development applications and activities to identify deficiencies and/or discrepancies from the provisions of the town's Unified Development Code and the town's Code of Ordinances. These review duties are outlined in Table 7-1, Review and Approval Authority.
(b) The TRC may approve, disapprove or postpone consideration of applications that require staff-level approval only. Actions by the TRC regarding
staff-level approvals shall be final unless appealed in accordance with § 155.717 of the UDC. Applications which proceed to the Board of Adjustment, Planning Board, or Town Council will be scheduled for the next available agenda, once receiving certification to proceed.
(F) Maintenance of the public trust.
(1) Oath of office. Pursuant to G.S. § 160D-309, all members appointed to boards shall take the oath of office as required.
(2) Conflict of interest. Pursuant to G.S. § 160D-109, no elected or appointed board member or administrative staff shall make a final decision as required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on themselves or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associated relationship.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2008-09-01, passed 9-2-08; Am. Ord. 2011-12-02, passed 12-5-11; Am. Ord. 2013-02-02, passed 2-4-13; Am. Ord. 2013-12-03, passed 12-2-13; Am. Ord. 2014-06-10, passed 6-16-14; Am. Ord. 2016-12-03, passed 12-5-16; Am. Ord. 2017-01-01, passed 1-3-17; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)