(A) Purpose and duties.
(1) As the body charged with comprehensive planning, the Planning Commission may:
(a) Make studies of areas within the city and its extraterritorial jurisdiction;
(b) Determine the goals and objectives relating to growth, development and/or redevelopment of these areas;
(c) Prepare plans for achieving the goals and objectives; and
(d) Develop and recommend policies, ordinances, and administrative procedures to carry out such plans.
(2) As an advisory body to the City Council and Planning Director, the Planning Commission may make recommendations concerning:
(a) Proposed official zoning map and Unified Development Ordinance changes;
(b) Proposed rezonings, conditional rezonings, zoning text amendments, and the master plans of planned unit development districts (PUD);
(c) The location, character and extent of public improvements and the acquisition of land;
(d) The landscape design of parks, streets, recreation areas, public buildings and other local developments;
(e) Removal of trees. No abutting property owner nor any agent acting in his behalf, a utility company, nor any other person, firm, or corporation shall remove any tree growing upon a public street of the city without first obtaining a permit from the Planning Director. A permit may be granted by the Planning Director if they should find that a compelling public or private need exists for the removal of the tree, upon a hearing conducted by them, after ten days notice to the abutting property owner and the Goldsboro Planning Commission. The Planning Director may issue a permit without a hearing if the Director shall find an emergency exists or if the Director and the abutting property owners agree. If an applicant requests removal of a tree, the cost of removing all trees, including supervision by the city if required, shall be paid by the applicant for the permit. Penalty, see § 98.99.
The following guidelines shall be adhered to whenever any city project shall involve proposed removal, pruning or other alteration of trees and shrubs which are growing within existing rights-of-way or upon lands owned by or controlled by the city:
(1) Step I. The city department concerned shall identify projects involving tree removal or tree alterations which require coordination with the Planning Commission (such as, street paving, sidewalk construction/repair, utility line construction, playground/park modification or expansion, urban renewal/redevelopment, and the like).
(2) Step II. The Public Utilities Department shall draw plans for such projects. Drawings will indicate trees planned for removal circled in red. Where trees are planned for removal and the reason is not in accordance with the annexes to this procedure, the reason will be outlined.
(3) Step III. The city department concerned will submit project plan to the designated members of the Planning Commission for their review. Concurrence with the plan or recommendations for changes will be requested not later than a specific date which will provide the Planning Commission with a minimum of seven calendar days.
(4) Step IV. The Planning Commission will return the plans to the city department within the time allocated along with written concurrence or recommended changes.
(5) Step V. The city department will review recommended changes and reasons submitted by the Planning Commission and where feasible, integrate recommended changes. If all recommendations cannot be accommodated, the department will notify the Planning Commission designee and schedule a meeting with the Planning Commission and the City Manager and review the department's final plans and reasons for not using all recommendations.
(6) Step VI. The city department will review recommended changes and integrate into its plans those changes it has no objection to. If the department has objections to any of the recommendations, it shall promptly request a meeting with the Planning Commission and attempt to settle the matter. The city or the Planning Commission may request a public hearing if public interest is involved or may be helpful in resolving the differences.
(7) Step VII. If the city department, City Manager, and the Planning Commission are unable to resolve the issues, such matters shall be placed on the agenda for the next meeting of the City Council for resolution.
(8) Step VIII. The decision of the City Council shall be final.
(f) Street names and street name changes; and
(g) Other matters as desired by the Planning Director, directed by the Council or other governing board, or initiated by a Planning Commission member.
(3) Appeals to the City Council. The abutting property owner or the Goldsboro Planning Commission may appeal from the Director to the City Council within five days after notice of any decision of the Director pursuant to this subchapter. Pending the appeal, all actions and proceedings in furtherance of the decision of the Director shall be stayed.
(B) Membership. A Planning Commission for the City of Goldsboro is hereby created. The Commission shall consist of seven members. Five members appointed by the City Council shall reside within the city and two members appointed by the Wayne County Commissioners shall reside within the extraterritorial planning area of the city. If the Wayne County Commissioners fail to make this appointment within 90 days after receiving a resolution notifying them of a vacancy from the City Council, the City Council may make the appointments. The extraterritorial members shall have the same rights, privileges and duties as city members of the Commission. Extraterritorial members are required to vote on each question, regardless of whether the matter at issue arises from within the city or within the extraterritorial planning area. If an in-city member moves outside of the city limits or if an extraterritorial area member moves outside of that jurisdiction, that shall constitute a resignation from the Planning Commission, effective upon the date a replacement is appointed.
(C) Statutory powers. The Planning Commission may exercise any and all powers prescribed by state law and shall perform duties directed by the City Council that are consistent with said law.
(D) Staff services. The Planning Director or their designee shall serve as Secretary to this body.
(Ord. 2018-8, passed 2-19-18; Am. Ord. 2021-39, passed 12-20-21; Am. Ord. 2022-52, passed 10-3-22; Am. Ord. 2023-44, passed 7-17-23)