(A) Authority. The Planning Board of Fairmont is created pursuant to G.S. § 160D-301. For similar state law provisions, refer to G.S. § 160D-301.
(B) Duties. The duties of the Planning Board are to:
(1) Prepare, review, maintain, monitor, and periodically update and recommend to the governing board a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.
(a) The Comprehensive Plan (Land Use Plan) and any ordinances or other measures to effectuate the plans shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the town and its environs. Reflecting both present and future needs, the Comprehensive Plan shall:
1. Promote health, safety, and the general welfare, as well as efficiency and economy in the process of development;
2. Support the transportation needs of the town;
3. Promote in buildings and structures the necessary safety from fire and other dangers, adequate provision for light and air, and a healthful and convenient distribution of population;
4. Support the promotion of good civic design and arrangement, the wise and efficient expenditure of public funds, and the adequate provision of public utilities, services, and other public requirements.
(b) Comprehensive Plan Contents. A comprehensive plan may, among other topics, address any of the following as determined by the local government:
1. Issues and opportunities facing the local government, including consideration of trends, values expressed by citizens, community vision, and guiding principles for growth and development.
2. The pattern of desired growth and development and civic design, including the location, distribution, and characteristics of future land uses, urban form, utilities, and transportation networks.
3. Employment opportunities, economic development, and community development.
4. Acceptable levels of public services and infrastructure to support development, including water, waste disposal, utilities, emergency services, transportation, education, recreation, community facilities, and other public services, including plans and policies for provision of and financing for public infrastructure.
5. Housing with a range of types and affordability to accommodate persons and households of all types and income levels.
6. Recreation and open spaces.
7. Mitigation of natural hazards such as flooding, winds, wildfires, and unstable lands. Protection of the environment and natural resources, including agricultural resources, mineral resources, and water and air quality.
8. Protection of significant architectural, scenic, cultural, historical, or archaeological resources.
9. Analysis and evaluation of implementation measures, including regulations, public investments, and educational programs.
For similar state law provisions, refer to G.S. § 160D-501.
(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) Advise the governing board 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.
(5) Exercise any functions in the administration and enforcement of various means for carrying out plans that the governing board may direct;
(6) Provide a preliminary forum for review of quasi-judicial decisions, provided that no part of the forum or recommendation may be used as a basis for the deciding board;
(7) Perform any other related duties that the governing board may direct.
For similar state law provisions, refer to G.S. § 160D-301(b).
(C) Organization.
(1) Appointment and terms of Planning Board members.
(a) The Planning Board shall consist of nine members appointed by the Board of Commissioners for terms of three years, with eligibility for reappointment.
(b) One month prior to the expiration of appointed terms, notice shall be given to the Town Clerk by the Secretary of the Planning Board.
(c) At least three of the members shall represent the town's extraterritorial zoning jurisdiction (ETJ). The extraterritorial representative(s) shall be appointed by the Robeson County Board of County Commissioners and as directed in G.S. § 160A-362. All extraterritorial members shall be appointed by the Board of County Commissioners for Robeson County unless the County Board fails to act and upon such failure extraterritorial members may be appointed by the Town Board of Commissioners.
(d) Future composition of the Planning Board may be amended to account for population changes within the town or it's ETJ and shall be considered at least after every census.
(e) If a member moves outside of the jurisdiction from which he or she has been appointed, that shall constitute a resignation from the Planning Board, effective upon the date a replacement is appointed.
(2) Vacancies. Vacancies may be filled by the Town Board of Commissioners for the unexpired terms. Vacancies which occur other than the expiration of term shall be filled by the Town Board of Commissioners for the remaining period of the term vacated.
(3) Attendance and removal. Attendance is mandatory. If an appointee is habitually absent from meetings, and such absences are not caused by extraordinary events, the member is obligated to resign in writing. Planning and Zoning Board members may be removed by the Board of Commissioners at any time for failure to attend three consecutive meetings or for failure to attend 30% or more of the meetings within any 12-month period or for any other reasonable cause related to performance of duties.
(4) Compensation. Compensation is at the discretion of the Town Board of Commissioners.
(D) Meetings, elections and voting.
(1) Organizational meeting. The annual organizational meeting of the Planning Board shall be held in July of each year.
(a) Officers including the Chairman, Vice-Chairman and Secretary shall be elected from among the appointed members at the annual organizational meeting.
(b) The candidate for each office receiving a majority vote of the entire membership of the Planning Board shall be declared elected.
(c) All officers shall be elected for a term of one year and all officers shall be able to succeed themselves.
(d) The Planning Board shall adopt bylaws 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.
(2) Regular meetings. The Planning Board shall establish a regular meeting schedule and shall meet frequently enough so that it can take timely action in regard to all matters of Planning and Zoning. The Board shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas. The Town Clerk shall keep minutes of all proceedings.
(3) Special meetings. The chairperson of the Planning Board shall have the authority to call a special meeting when requested to do so in writing by a majority of the members of the Planning Board, or at his or her discretion. The chairperson may designate, in advance, regular and special meetings. All of the requirements of G.S. § 143-318.2 (b) Public Notice of Official Meetings shall be followed when calling and holding special meetings. Minutes shall be kept of all proceedings.
(4) All meetings are public meetings. All regular and special meetings, hearings, records and accounts of the Planning Board and all committees thereof shall be open to the general public, and all meetings shall be advertised. Minutes shall be kept of all proceedings.
(5) Quorum. A quorum for the Planning Board shall consist of a majority of the Board membership (excluding vacant seats). A quorum is necessary for the Board to take official action. All actions of the Planning Board shall be taken by a majority vote, a quorum being present. A roll call vote shall be taken upon the request of any member. With a nine member board, the quorum would be five members.
(6) Voting. Provided a quorum is present, the transaction of business, and the taking of official action by the Planning Board shall require a concurring vote of a majority of the voting members of the Planning Board.
(a) Voice vote. Voting shall be by voice vote and the minutes shall show the names of those voting on each issue. A proxy signed by the Board member shall be allowed when the member knows in advance that he or she will not be able to attend the regular meeting.
(b) Abstaining. No member shall be excused from voting except upon matters which stem from a conflict of interest described in above. Such cases shall be brought to the attention of the Chairperson as soon as possible. The position of such member in the vote taken shall be recorded as “Abstained”. Members properly excused from voting shall not participate in the discussion on the matter which is subject to action. Members who abstain from voting without the consent of a majority of Board members present shall have their vote recorded in the affirmative.
(c) If the Planning Board should ever be called to vote on recommendations regarding quasi- judicial decisions, the following shall apply:
1. Vacant positions on the Planning Board, and members who are disqualified from voting due to a conflict of interest, shall not be considered “members of the Board” for calculation of the requisite majority if there are no qualified alternates available to take the place of such members. For similar state law provisions, refer to G.S. § 160D-406.
2. A member of the Planning Board shall not participate in, or vote on, any matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible conflicts 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. If an objection is raised to a member's participation, and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection. For similar state law provisions, refer to G.S. § 160D-109(d).
(7) Order of business. The secretary shall consult with the Zoning Enforcement Officer and prepare an agenda for each meeting, and the order of business.
(8) Rules of procedures and records. The Planning Board shall keep a record of its member attendance and of its resolutions, discussions, findings and recommendations, which record shall be a public record. The minutes of meetings shall be public record. For similar state law provisions, refer to G.S. § 160D-308.
(9) Cancellation of meetings. Whenever there is no business for the Board, the Chair may dispense with a regular meeting by giving notice to all members not less than 24 hours prior to the time set for the meeting.
(10) Reports. The Planning Board shall provide to the Town Board of Commissioners a quarterly report which details the business before the Planning Board and actions taken. Reports shall be in writing and provided by the last day of the following months: January, April, July, and October.
(E) Offices and duties.
(1) Chairperson. The Chairperson shall preside at all meetings, appoint members to committees, and perform other duties and perform other duties as may be ordered by the Board. The Chairperson may take part in all deliberations and may vote on all issues.
(2) Vice-Chairperson. The Vice-Chairperson shall serve as acting chair in the absence of the Chairperson, and at such times he or she shall have the same powers and duties as the Chairperson. The Vice-Chairperson may take part in all deliberations and may vote on all issues.
(3) Secretary. The Secretary shall execute such documents as authorized by the Board, in the name of the Board, perform the duties hereinafter listed, and such other duties as the Board shall determine. The Secretary shall keep all minutes and records; shall prepare all correspondence of the Board; receive and file all referrals, applications, papers, and records; and prepare, publish, and mail all notices as required.
(F) Oath of office. All members appointed to boards under this subchapter shall, before entering their duties, qualify by taking an oath of office as required by G.S. Chapter 160D. For similar state law provisions, refer to G.S. § 160D-309.
(G) Advisory committees.
(1) From time to time, Town Board of Commissioners may appoint one or more individuals to assist the Planning Board to carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the Board of Commissioners may appoint advisory committees to consider thoroughfare plan(s), bikeway plan(s), housing plans, and economic development plans, etc.
(2) Members of such advisory committees shall sit as nonvoting members of the Planning Board when such issues are being considered and lend their talents, energies, and expertise to the Planning Board. However, all formal recommendations to the Town Board of Commissioners shall be made by the Planning Board.
(3) Nothing in this subchapter shall prevent the Town Board of Commissioners from establishing independent advisory groups, committees, or boards to make recommendations on any issue directly to the Council.
(H) Supplemental powers and responsibilities.
(1) Hearings. In addition to public hearings required by law, the Planning Board may, at its discretion, hold public hearings when it decides that such hearings will be in the public interest.
(2) Publicity and education. 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) Attendance at conferences. 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, and the Planning Board may, by formal and affirmative vote pay, within the Planning Board's budget, the reasonable traveling expenses incidental to such attendance.
(4) Appropriations. The Fairmont Town Council may appropriate to the Planning Board such amount as they may deem necessary to carry out the purpose of its creation and for the improvement of the town.
(5) Annual report. The Planning Board shall, in May of each year, submit in writing to the Fairmont Town Manager, its requested budget of funds needed for operation during the ensuing fiscal year.
(I) Conflict of interest. The conflict of interest provisions outlined in § 154.066 apply to the Planning Board.
(Ord. 23-241, passed 7-18-2023)