(a) Organization. A Planning Commission shall be created and shall consist of the Mayor or a person appointed by him or her to act in his or her stead as his or her deputy; one (1) member of Council to be selected by the vote of Council for a term not to exceed his or her term as a member of Council; and three (3) electors of the Municipality not holding other Municipal office or appointment. The three (3) elector members shall be appointed by the Mayor with the approval of a majority of Council for four (4) year terms commencing with appointments made after the effective date of this Charter Amendment. A vacancy occurring during the term of any member of the Planning Commission shall be filled for the unexpired term in the manner authorized for an original appointment. The Mayor, with the concurrence of two-thirds (2/3) of the membership of Council, shall have the right to remove an appointed member for cause.
(b) Powers and Duties. It shall be the function and duty of the Planning Commission to act as the planning commissioners of the Municipality, and as such it shall have control of planning and shall provide regulations with respect to the platting of all lands within the Municipality so as to secure their harmonious development; to provide for the coordination of a street with other streets and with the official Municipal Plan; and to provide for open spaces for traffic, utilities, access of fire-fighting apparatus, recreation, light and air, and for the avoidance of congestion of population.
It shall make such regulations as it deems necessary as to the manner in which streets and other public ways shall be graded and improved; and the manner in which and the extent to which water, sewer and other utility mains, piping or other facilities shall be installed; or establish any other conditions precedent to the approval of a proposed plat.
The Commission shall make plans and maps of the whole or any portion of the Municipality and of any land outside the Municipality which, in the opinion of the Commission, bears a relation to the planning of the Municipality, and make changes in, additions to and estimates of such plans or maps when it deems it to be advisable. It shall have such powers as may be conferred upon it by ordinance of the Council concerning the plan, design, location, removal, relocation and alteration of public buildings or structures or those located on public streets or property; the location, relocation, widening, extension and vacation of streets, parkways, playgrounds and other public places; the zoning and rezoning of the Municipality for any lawful purpose, and such other powers as may now or hereafter be conferred upon it by ordinance of the Council or by the general laws of the State. All plans, recommendations and regulations made by the Planning Commission shall be submitted to the Council for approval before the same shall be considered official.
The Planning Commission shall hold a public hearing upon the consideration of any proposed zoning change.
(c) Funds. A sufficient sum shall be appropriated by the Council each year to carry out the planning provisions of this Charter.
(d) Mandatory Referral. No public building, street, boulevard, parkway, park, playground, harbor, dock, wharf, airport, landing strip, bridge, tunnel or publicly or privately owned utility, or part thereof, shall be constructed or authorized to be constructed in the Municipality, nor shall any street, avenue, parkway, boulevard or alley be opened for any purpose whatsoever, nor shall any street, avenue, parkway, boulevard or alley be widened, narrowed, relocated, vacated or its use changed, nor shall any ordinance referring to zoning or other regulations controlling the use or development of land be passed, unless and until it shall have been submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall be acted upon by it within thirty (30) days from the date of referral, unless a longer time is allowed by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have disapproved such matter. Any provision of any proposed ordinance, resolution or order disapproved by the Planning Commission shall require an affirmative vote of two-thirds (2/3) of the membership of Council for adoption or authorization.
(Amended 11-2-76, 11-7-78, 11-8-11)